Dispute Resolution in the Workplace

Fall 2011

Department of Political Science and Law

LSLW 556

INSTRUCTOR: Jack Baldwin LeClair, M.A. Ed.S. J.D.

CLASS MEETING TIME AND LOCATION: Tuesday, 6:30-9:10 P.M. Dickson 261

OFFICE HOURS: Posted in Legal Studies Office and by appointment.

TELEPHONE NUMBERS: 973.655.7953; Law Office 201.213.9600

leclairj@mail.montclair.edu

WWW:

TEXTS: G: Gleason, Workplace Dispute Resolution: Directions for the Twenty-first Century. (Lansing, Mich: Michigan State Univ, 1997); E&K: Eaton and Keefe, Employment Dispute Resolution and Worker Rights (Champaign, IL: Industrial Relations Research Association, 1999)

SUPPLEMENTAL MATERIALS will be posted at BLACKBOARD

GRADING: Midterm Examinations: 30%; Final Examination: 30% Simulation and/or Practicum and Paper: 30% Classroom attendance & Participation: 10%

PURPOSE OF THIS COURSE

This course is at the graduate level. You must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class, and be prepared to apply your knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows:

  1. To understand the foundations of dispute resolution in employment in the private and public sectors.
  2. To acquaint students with current theories of mediation, arbitration, and negotiation in ongoing labor-management relationships.
  3. To develop a working knowledge of the techniques of mediation and arbitration.
  4. To learn how to analyze disputes in work environments and to develop solutions.
  5. To understand the limitations of dispute resolution in the complex legal environment of today's world.
  6. Reading assignments must be prepared in advance of the class meeting date.
  7. Not all course material is covered in the readings. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  8. There will be two written examinations
  9. Grades will be lowered if assignments are completed late.
  10. Class attendance is not mandatory but cut class at your own risk.
  11. Recommended reference books and supplemental reading materials will be made available during the semester. Specific reading materials will be assigned.

TOPICS AND ASSIGNMENTS: All assignments refer to the textbook, handouts, and reserved reading materials. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class and other factors. Preliminary dates are provided.

 

DATE

 TOPIC PART I - The Changing Legal and Legislative Landscape and the Ground Rules.  
09.13 -TUE   Introduction: The culture of the workplace and the dynamics of human interaction.  
09.20 -TUE The life cycle of the organization  
09.27 -TUE History of ADR in the workplace and American legal system; Intro to Grievance Arb. G:Ch1, 2
10.04 -TUE  federal framework for employment law / deferral and preemption G:Ch3; E&K Ch 8.
10.11-TUE Documentary on Enron: The Smartest Guys in the Room Read the "Talent Myth" on BlackBoard.
10.18- TUE DFR/external law and evidence procedure and due process issues G:Ch5, Ch6
10.25 -TUE Proper subjects of arbitration G:Ch7; E&K: Ch 5.
11.01 -TUE The law revisited Gilmer and its progeny in current context - Review  Midterm Handout - for Review - Pay Careful Attention
 

Spring Break Part II - Preventing the inevitable and managing the unmanagable.

 
11.08 -TUE. Midterm Posted - NO CLASS Project/Paper Assigned
11.15 -TUE Midterm Due in Class - Conflict Management Tools and Techniques  
11.22 -TUE Private ADR in the individual context Begin Readings in Course Documents in BlackBoard; G:Ch 4,10, 11,12; E&K Ch 7, 10.
11.29 -TUE ADR Continued  Work on projects
12.06 -TUE Practical issues - using the techniques effectively. Safe management hiring practices - other methods Read especially the narcissistic supervisor; G:Ch13, 14
12.13- TUE Safe management practices;   Safe firing practices G:Ch 11; 12
12.20 - TUE Final Examination