Familiarize yourself with how organizations can prepare for a strike and the rules that
management must follow during a strike. Pg. 422
Familiarize yourself with the ally doctrine, which states that a union may expand upon its
primary picketing activity to include employers who are allies of the primary employer.- pg. 423
Also familiarize yourself with other strike-related terms and conditions, such as work
slowdowns, strike benefits, strike insurance, strike preparation, and so on. –pg. 423
The area of striking, picketing, and boycotting is not as simple or direct as it appears (and, quite
frankly, it doesn’t appear all that simple to begin with). Be certain to familiarize yourself
thoroughly with this area before sitting for the PHR exam. –pg. 423
Be familiar with approaches to collective bargaining- pg. 426
Familiarize yourself with Weingarten Rights. Be sure that you verify whether the NLRB has
issued any more opinions on Weingarten Rights (after the printing of this book) before you take
the PHR exam. –pg 428
For the PHR exam. It’s important , it’s important to be familiar with arbitration-related terms
and practices. In the addition to the right arbitration process described here, be prepared to
respond to questions on:
o Interest arbitration- Arbitration that is used to resolve conflicts around contract
language during the collective bargaining process.
o Arbitration- an individual selected to participate in the resolution of an agreement and
the rendering of a binding decision.
o Arbitrator panel- Panels that are usually composed of three arbitrators, one of whom is
selected by management, one of whom is selected by the union, and one of whom is
selected jointly (this person is referred to as the neutral arbitrator).
o Federal Mediation and Conciliation Service (FMCS)- a source that maintains lists of
qualified arbitrators.
o American Arbitration Association (AAA)- a source that maintains lists of qualified
arbitrators.
o Arbitration hearing- a relatively formal process (not wholly unlike a court hearing) that
can be conducted by an individual arbitrator or by a panel of arbitrators. The hearing
includes the presentation of evidence, the testimony of witnesses, and opening and
closing statements from both sides. Lawyers are often present, as well, which adds even
more to the judicial “feel” of the hearing.
o Permanent arbitrators- an individual arbitration arrangement in which one arbitrator
who is selected for a fixed period of time (often the duration of the contract) hears all
arbitration cases that arise during that period of time. One advantage to this approach is
that the arbitrator becomes very knowledgeable about the contract. One potential
disadvantage to this approach is that the arbitrator becomes very knowledgeable about
the contract. One potential disadvantage could emerge if the union, management, or
both are dissatisfied with the arbitrator for some reason.
o Ad hoc arbitrators- More frequently, each arbitration will result in the selection of an
arbitrator . The arbitrator who is selected may specialize in the particular topic with