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CHAPTER 9 Resolving Negotiation Impasses and Contract Ratification
TRUE/FALSE
1. Employees consider perceived costs versus benefits that may be gained before they would be willing
to participate in a strike.
2. Management may not call a strike, but it may invoke certain practices that will cause a strike, because
a strike sometimes works to its advantage.
3. Economic issues are the most common reason for work stoppages.
5. Recently, it has been recognized that management can take certain actions that will cause a strike when
it is to the employer's advantage to have a strike.
6. Med-arb and final-offer total package arbitration are similar in that the arbitrator does not make up his
own contract but picks one of those that has been negotiated.
7. The right to strike is one of the rights guaranteed under the Labor Management Relations Act.
8. The use of strike replacements (particularly permanent replacements) during an economic strike
reduces the tensions between the parties and often shortens the length of a strike.
9. Economic strikers may be either temporarily or permanently replaced by an employer for the purpose
of continuing normal business operations.
10. Interest arbitration, unlike mediation and fact finding, results in a final and binding decision.
11. Conventional interest arbitration has been criticized because arbitrators have been accused of "splitting
the difference."
12. If not permanently replaced, an economic striker has a right to be reinstated to his or her job at any
time during a labor dispute after making an unconditional request for reinstatement to the employer.
13. An employee may resign from the union during a strike, cross picket lines, and be protected under the
Taft-Hartley Act, but the union may impose a one-time fine for crossing the union's picket line.
14. A mediator who has separate meetings with management and union officials risks having his neutrality
suspected by either side.
15. Fact-finding is a semi-judicial process in which all parties provide information to a neutral that allows
the parties to reach a speedy resolution.
16. An unfair labor practice strike is a strike in reaction to an employer’s refusal to bargain in good faith
with the union.
17. Work stoppages in the United States since 1982 have been at or near historic low levels in terms of
numbers of strikes, employees involved, and days idled.
ANS: T PTS: 1 DIF: Easy REF: p.394
NAT: AACSB Analytic | AACSB: Group Dynamics TOP: Reasons for Strikes
18. The "reserve gate" approach involves the establishment of an exclusive gate for entry and exit of all
employees on strike.
19. Picket signs must clearly identify the primary employer as the target of the picket activity and only
urge a boycott of the primary employer’s products or services, not a total boycott of all products or
services sold by the neutral, secondary employer.
20. A mediator functions more as an invited guest who can be required to leave if one or both bargaining
parties no longer desire the mediator.
21. Mediators must work by a predetermined set of rules in order to successfully resolve differences.
MULTIPLE CHOICE
1. At the end of the 80-day injunction under the National Emergency Procedures of the LMRA, the
president is authorized to:
a. direct the Attorney General to have all violators arrested.
b. direct the seizure of the industry.
c. report to Congress.
d. declare the strike or lockout illegal.
e. all of these
ANS: C PTS: 1 DIF: Medium REF: p.409
NAT: AACSB Analytic | AACSB: Legal Responsibilities
TOP: National Emergency Dispute Resolution Procedures
2. Final-offer total package arbitration has an advantage over conventional interest arbitration because:
a. selection of the arbitrator is made through the FMCS and AAA.
b. the arbitrator can compromise between the parties' extreme positions.
c. it results in a final and binding decision.
d. it does not "split the difference" between the union's and management's final proposals.
e. all of these are advantages of final-offer total package
ANS: D PTS: 1 DIF: Medium REF: p.386
NAT: AACSB Analytic | AACSB: Group Dynamics
TOP: Three Interest Arbitration Procedures
4. If an employer is the victim of a wildcat strike, which of the following options are within its rights to
consider?
a. contending that employees have voided their labor agreement
b. requesting informally that the strikers return to work
c. disciplining or discharging the strikers
d. bringing suit against the union for damages suffered
e. all of these options are allowed
ANS: E PTS: 1 DIF: Hard REF: p.392
NAT: AACSB Analytic | AACSB: Group Dynamics
TOP: The Use of Economic Pressure to Resolve Interest Disputes
6. Which of the following are either illegal or in violation of the labor agreement?
a. wildcat strike
b. economic strike
c. unfair labor practice strike
d. secondary strikes
e. wildcat strike and secondary strikes only
ANS: E PTS: 1 DIF: Medium REF: p.392 | p.405
NAT: AACSB Analytic | AACSB: Individual Dynamics
TOP: The Use of Economic Pressure to Resolve Interest Disputes
7. All but one of the following ways are used by mediators to apply pressure in a bargaining session.
Which one is not applied?
a. using delays and deadlines
b. placing responsibility on the parties involved
c. engaging in marathon bargaining sessions
d. siding with one party over the other
e. all of these are used by mediators to apply pressure in a bargaining session
ANS: D PTS: 1 DIF: Medium REF: p.381
NAT: AACSB Analytic | AACSB: Group Dynamics TOP: Mediation
8. Each of the following is listed as a major factor that could cause a strike, except one. Which one is not
a major factor?
a. employees feeling that wages should be higher
b. rank and file disagreement with union leadership
c. misperception between bargaining parties
d. a unilateral change by management
e. all of these are major factors that could cause a strike
ANS: B PTS: 1 DIF: Medium REF: p.394
NAT: AACSB Analytic | AACSB: Individual Dynamics TOP: Reasons for Strikes
10. A strike is not entered into lightly by an employee. Which of the following items is least likely to be
considered?
a. What will other people think of me?
b. Is the objective worth the cost?
c. What is my expense of participation?
d. What are the legal ramifications?
e. all of these are equally likely to be considered by an employee
ANS: A PTS: 1 DIF: Medium REF: p.389
NAT: AACSB Analytic | AACSB: Individual Dynamics TOP: Reasons for Strikes
12. During a strike, who has the most effect upon a striker's behavior and attitudes?
a. manager
b. spouse
c. union leader
d. subordinates
e. co-workers
ANS: B PTS: 1 DIF: Easy REF: p.397
NAT: AACSB Analytic | AACSB: Individual Dynamics
TOP: Strike Experiences and Preparation
14. Which of the following is not a reason why an employer would refrain from hiring replacement
workers during a strike?
a. insufficient time to train new employees
b. the potential cost of court suits
c. disallowed by union regulations
d. tension and possibly violence at the picket line between strikers and replacements
e. all of these are reasons an employer would refrain from hiring replacements
ANS: C PTS: 1 DIF: Medium REF: p.389
NAT: AACSB Analytic | AACSB: Individual Dynamics
TOP: Reinstatement Rights of Unfair Labor Practice and Economic Strikers
15. ____________ yields a report which is made public and which is intended to pressure the parties to
come to a negotiated settlement.
a. Grievance arbitration
b. Fact finding
c. Interest (contract arbitration)
d. Med-Arb
e. Grievance mediation
ANS: B PTS: 1 DIF: Medium REF: p.381
NAT: AACSB Analytic | AACSB: Environmental Influence TOP: Fact-Finding
16. Which of the following options (legal actions by employers) is most likely to be used by the NLRB in
labor disputes after reaching an impasse over a mandatory issue?
a. hire temporary replacements for strikers
b. hire permanent replacements for strikers
c. lockout
d. establish reserve gate
e. all of these
ANS: D PTS: 1 DIF: Medium REF: p.405
NAT: AACSB Analytic | AACSB: Legal Responsibilities TOP: Common Situs Picketing
17. _____________ arises from the parties' inability to negotiate a labor agreement successfully and refers
the unresolved issues to an outside neutral who conducts a hearing to receive evidence and then makes
a final and binding decision within the parties' proposals.
a. Grievance arbitration
b. Fact finding
c. Interest (contract arbitration)
d. Med-Arb
e. Grievance mediation
ANS: C PTS: 1 DIF: Medium REF: p.381
NAT: AACSB Analytic | AACSB: Group Dynamics TOP: Interest Arbitration
20. Factors that might affect what constitutes a ‘‘reasonable time period’’ for recall to work by economic
strikers could include:
a. future probability that new job openings may occur over some extended time period.
b. historical data on normal employee attrition rates.
c. the percentage of total employees eligible for recall who were actually recalled during the
negotiated time limit.
d. all of these
e. historical data on normal employee attrition rates and the percentage of total employees
eligible for recall who were actually recalled during the negotiated time limit.
ANS: D PTS: 1 DIF: Medium REF: p.401
NAT: AACSB Analytic | AACSB: Legal Responsibilities
TOP: Reinstatement Rights of Unfair Labor Practice and Economic Strikers
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solicited us. The man remained under the umbrella, and took no
notice. They were “Susmanis,” or gypsies. These people have no
particular religion—certainly they are not Mussulmans; they live by
singing, dancing, and prostitution. The woman, who had
considerable attractions, followed us for nearly a mile, and begged
hard for a present. Sana is always infested by bands of these
“Susmanis,” who prey on the pilgrims.
We are now on the direct pilgrims’ road to Kerbela, where are
buried the imams, or saints, of the Sheahs, Hussein and Hassan,
one of the greatest shrines of Persian pilgrims. More groups of
“Susmanis” accost us, and demand alms, openly proclaiming their
trade.
We reach Sana, and pitch the tent in a large garden with plenty of
running water, where we are able to get a good bath next day. The
climate is here very pleasant; although it is early in spring, the sun is
very powerful, and the night no longer chilly. The greater part of the
afternoon is taken up with a long wrangle with the head-men of the
village as to the price of poles for the telegraph-line. Pierson’s ideas
and theirs differ widely as to the value of these, but a threatened
reference to the Imād-u-dowlet (“Pillar of the State”), the Governor of
Kermanshah, soon reduces the price, for these sharks would much
prefer dealing with the Feringhi than their fellow-countrymen, as the
latter would probably take the poles for nothing.
Another day’s journey brings us to Besitūn, which is distinguished
by an inscription carved on the face of a perpendicular cliff, with
colossal figures, of which a correct and learned description has been
given by Sir Henry Rawlinson. At the foot of this cliff are a few
fragments of what is supposed to have been “Shushan the palace.”
It is said that here, when Sir Henry Rawlinson was engaged in
copying the inscriptions, on a scaffolding on the face of the cliff, at a
great height from the ground, that he fell over backwards, and was
caught by his trusty Arab muleteer, Hadji Khaleel; and that, in
gratitude, Sir Henry, who at that time held a diplomatic position in
Persia, made the Hadji British Agent in Kermanshah. This is the
legend among the natives. I give it as I heard it.
I had the pleasure of the honest old Hadji’s acquaintance in that
place, and was shown much kindness by him. Whether or no this
legend had any ground I cannot say; but Hadji Khaleel was a
charming old man, honest as the day, though with somewhat rough
manners.
His son, Agha Hassan, who was, at the time I speak of, his right
hand, is now the British Agent, and has become, by successful
commerce, the wealthiest man in the province. Agha Hassan rode
out to meet us, his father, Hadji Khaleel being ill, and Pierson told me
that he recognised and spoke in rapturous terms of my “Senna,” to
whom by this time I had become much attached, and who once had
belonged to him.
An istikhbal of a colonel, his attendants, and two led-horses, were
sent out to do Pierson honour by the Governor; kalians were smoked
on the high road, and we came in sight of Kermanshah after crossing
the Kara-Su River by a fairly well-made bridge.
The place looks well, and appears surrounded by a grassy plain, a
very unusual sight in Persia. The town had an air of prosperity, and
the people were well fed and well clothed. It occupied several small
hills, and hence appeared considerably larger than it was.
Like all Persian towns, the streets were narrow, and, save in the
bazaars, in which were the shops, one saw nothing but dead walls;
each house having an arched entrance closed by a heavy, unpainted
wooden door, with many big nails in it.
The causeway was generally some three feet wide, and raised a
yard from the ground, and frequently ran on both sides of a path a
yard wide and often two feet deep in mud or water, looking like a
ditch, but it was really the road (save the mark!) for horses, mules,
and camels. Many of the houses were built of burnt bricks, and the
place seemed busier than Hamadan. I noticed many Arabs about
wearing the gay Baghdad dress, with fez and small turban. The town
was straggling, with many open spaces.
Quarters were assigned to us in the house of a man who was
ejected to enable us to occupy them; they were not in themselves a
bad place, but were in the worst and most disreputable part of the
town; while the house I was obliged to rent was actually next door
but one to that occupied by the public executioner, one Jaffer, and
where dwelt the public women, the monopoly of whom was the
largest source of this man’s revenue. All this is now changed, and
Europeans can in most parts of Persia live where they like, the
householders being only too glad to get a solvent tenant. Save in the
capital, houses rarely are rented by Persians, it being usual to
borrow a spare house, or, if a man has more than one, to put a
relation in, rent-free.
The farce of the danger of living in the Persian towns is still kept
up in Ispahan (the Ispahanis are the quietest men in Persia), where
the English inhabit an unclean Armenian village, paying high rents,
when houses in the town could be had much better and cheaper; the
real reason probably being that the Armenians may enjoy the
immunity they have from all control, caused by the presence of the
European. But it has not answered, for in Ispahan the European is
looked on as merely a clean and sober Armenian. Still, as an
experiment of what the Armenian would be when practically
unrestrained, it is valuable.
The Hamadan Armenian is hard-working and respectable, if
occasionally a drunkard, looked on by his Persian fellow-subject as a
friend and a good citizen. While the Ispahani looks on the Julfa
Armenian as a race apart, and merely the panderer to his vice and
the maker of intoxicating liquors; and the hang-dog Armenian, with
his sham Turkish or European dress and the bottle of arrack in his
pocket, scowls staggering along in secure insolence, confident in the
moral protection given him by the presence of the Englishman,
whom he robs; respecting neither his priest, whom he has been
taught to despise; nor the missionary, whom he dislikes at heart
(though he has educated his children gratuitously), and whom his
priest openly reviles.
A curious instance of the religious stability of the Julfa Armenian is
shown in the fact, that a Protestant on any dispute with the
missionary becomes Catholic or Old Armenian. The Old Armenian,
after a row with the priest, becomes either Protestant or Catholic.
The Catholics, as a rule, do not relapse or become perverts. In fact,
a common threat with the Armenian to his spiritual pastor and
master, missionary, priest or padre, is to say, “Do it, and I’ll turn,” and
some have many times; in fact, a very small temporal matter often is
the cause of conversions as sudden as insincere.
We were glad enough to get in, and had hardly got our boots off
ere a number of trays of sweetmeats were brought for Pierson, on
the part of Hadji Khaleel, with compliments, and a similar present
was sent from the Imād-u-dowlet, who sent his farrash-bashi (literally
chief carpet-spreader, but really his minister) to represent him. This
man was well bred, well meaning and obliging, and afterwards,
through a singular circumstance, one of my best friends among the
Persians.
I continued to stay with Pierson, not moving into my own quarters
till he left Kermanshah.
CHAPTER X.
KERMANSHAH.
We had not noticed that the buffoon had retired, but he now re-
entered, disguised in a remarkable manner. He seemed a figure
some four feet high, with a face huge and like a full moon. This was,
in fact, carefully painted on his bare abdomen, the whole
surmounted by a gigantic turban. He had constructed a pair of false
arms, and, with a boy’s coat and large girdle, he presented the effect
of a dwarf with a huge round fat face; his head, chest, and arms
were hidden in the enormous white turban. The face represented
was one of intense and dismal stupidity, and his whole appearance
was most ludicrous; in fact, it was only on afterwards seeing the man
disrobe, that we made out how it was done.
He danced in and out among the girls, who stood in a row
snapping their fingers and posturing: but what was our astonishment
when we saw the dismally stupid face expand into a grin, which
became at length a laughing mask; it resumed its dismal stupidity—it
grinned—it laughed. The musicians played and shouted their chant
more and more loudly, and the face of the figure assumed the most
ludicrous contortions. We all were unable to restrain our laughter,
and the triumphant buffoon retired well rewarded by the Serrum-u-
dowlet. The four dancers now became rather too personal in their
attentions, and begged for coin. We gave them a few kerans, but
were glad when they retired on dinner being announced. We both
pronounced them monotonous and uninteresting.
After a heavy Persian dinner—much such a one as we had at
Merand—we, with some trouble, got away at eleven p.m. Our hosts
seemed inclined to make a very wet night of it; in fact, their frequent
acceptance of cupfuls of raw spirits from the hands of the dancers
had made them see things generally in a rosy light. They wept when
we left!
We rode home through the silent streets of Kermanshah, the only
light being our farnooses, or cylindrical lamps, made of copper and
calico, something in the fashion of a Chinese lantern; and the full
moon.
We met no one in the streets, which were deserted save by the
dogs, and the whole town seemed sunk in sleep. The Persian is an
early bird, going to bed at nine, and rising at four or half-past four. It
is very difficult to break oneself of this habit of early rising on
returning to Europe. One is looked on as very eccentric on getting up
at half-past four, and is hunted from room to room by the
housemaids. Certainly the early morning is the best part of the day
all over the world, but we Europeans in our wisdom have altered it.
“Nous avons changé tout cela”—and we prefer living by gaslight,
electricity, etc.
The next morning the Serrum-u-dowlet came over to take our
photographs, and was very friendly; he took them really well, and is
a clever fellow.
We went for a ride, and had the unwonted luxury of a two hours’
canter over good turf. I never had this anywhere else in Persia but
once. While near the river we saw plenty of duck, and Pierson told
me that they are always to be had in the Kermanshah river.
In Kermanshah I found that the grassy plain round the town had
many attractions. Some two miles’ canter on it brought me to a
swamp where there were always snipe, except in the hot weather, an
occasional duck, and even at times wild geese. A ludicrous incident
happened to me one day in regard to the latter. As I was cantering
up to the swamp with my groom, I saw on the other side of a herd of
cattle a flock of geese grazing. To dismount and take my gun from
him was the work of an instant, and I quickly inserted a cartridge
charged with No. 4, and a wire ditto, for my left barrel. I walked
stealthily among the cattle towards the flock of geese, but the game
took no notice of me, and allowed me to get within thirty yards; then
it came across me, how if these were tame geese, what a fire of
chaff I should get from Pierson. I did not think of shouting, as of
course I should have done, which would have settled the question,
but I retreated stealthily to where my groom was standing with the
horses. I saw that he was full of excitement, and felt that I had made
a fool of myself. “Shikar?” (“Are they wild ones?”) said I. “Belli, belli,
sahib!” (“Yes, yes, sir!”)
Back I went, but alas! only to be too well convinced that they were
wild ones, for the whole flock sailed away ere I could get within a
hundred and fifty yards. I have often shot geese—that is, a goose at
a time—but I never had such another chance. The birds really
behaved just as tame ones would; I can only suppose that my being
among the grazing cows I was looked upon as harmless. I did not
relate that afternoon’s adventure to Pierson for some time after.
The swamp, which was about a mile long, and at the widest parts
only five hundred yards, was in the centre impossible to cross, save
in summer, when there was no sport there. One side had not nearly
so much cover as the other, but there were no holes; the other side
was full of them, and it was only after a long time that I got
thoroughly acquainted with the geography. In after days I had a
guest who was very hot on sport of all kinds; and as the swamp was
all I could show him at the time, it was arranged that we were to
have a day there.
I, having a holy horror of wet feet, used to go in with a pair of duck
trousers and Persian shoes regardless of water, and march on
frequently up to my waist, changing on coming out. I suggested this
mode to my sporting friend, but he looked on it as very infra dig. and
unsportsmanlike, and set out in a most correct get-up of shooting-
coat with many pockets, and the usual lace-up shooting-boots.
Nothing would induce him to take a change in case of a wetting, and
off we went. As his gun had no sling—almost a necessity in Persia,
where the weapon is so frequently carried on horseback—his groom
carried it in its case.
We got to the swamp, and, knowing the place, I said, “You take the
left side—there are no holes; and I who know the holes will take the
right, which is full of them.”
But my friend was not to be led; he remarked that the right was
certainly the best side, and as guest he ought to have it. To this I of
course agreed, but I pointed out that the holes were deep and
dangerous, and that I knew them, and he did not. But, no, he
insisted. I could, of course, only give in.
The place was alive with snipe. I went to the left, or more open
side, and was over my ankles in a moment. My enthusiastic friend
was in to his knees. We blazed away, and were getting on well, when
my friend lost his ramrod. Persia being a very dry place, all wood
shrinks, and it had probably slipped out. There was nothing for it but
to take the cleaning-rod from the case and use that; the difficulty was
how to carry it, as we were firing frequently, and he didn’t want to
unscrew it. My friend had no belt, and so thrust it down his back,
between his shirt and waistcoat. We began again, and were soon in
the thick of them. We had now got to the widest part of the swamp; I
was separated from my guest by deep water-holes, and was looking
at him when with a shout he suddenly disappeared, and it was
evident he was in a water-hole. I rushed out and ran round the head
of the swamp to his assistance; the servants were out of call. When I
got there he was nearly done for; he had fallen head foremost into a
hole, and could not get out, as the reeds gave way when he pulled
them, and there was only a bottom round the edge of soft mud. The
loading-rod had somehow got down his back, and he could not get
hold of it, while it crippled him; and he had a very white face indeed
when I helped him out by holding my gun out to him. He had lost his
gun, but my groom dived and brought it out.
I wished him to canter home at once, but he did not like to be seen
in the pickle he was in—mud, green mud, from head to foot; and he
insisted on waiting till his man brought a change. This took an hour,
and the day, though bright, was cold and windy. So there he stood in
his wet clothes, his teeth chattering, trying to keep himself warm by
jumping; but his struggles in the water-hole had so weakened him
that he could hardly stand. Of course he had a severe go of
intermittent fever, which laid him up for a fortnight. In after excursions
he was content to leave me the right or dangerous side, which I from
habit was able to safely travel in.
Pierson and I visited a magnificent palace which was in course of
construction by the Imād-u-dowlet. Some idea of its size may be
given when I say that there was stabling for two hundred horses. In
Persia, when a man passes fifty, he begins to be seized with a mania
for building, but he takes care not to finish the works he undertakes,
being thoroughly persuaded of the certainty of his own death in case
of the completion of the edifice.
Some ten years after I had left Kermanshah, Imādieh—so the
place was called—was presented (I dare say much against the
grain) to the king. At that time the Imād-u-dowlet had become the
actual freeholder of the whole of the Kermanshah valley, and his
wealth was immense in money and flocks and herds. But the
inevitable evil day arrived. The Shah recalled him to Teheran, and
the squeezing process commenced; large sums of money were
wrung from him, and the royal treasury correspondingly enriched. It
is always so in Persia; a man is allowed to quietly enrich himself, but
when he has achieved immense wealth he becomes a mark for
oppression in his turn. To use the common expression of the country,
“He is ripe; he must be squeezed.”