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The role of negotiation in the conflict resolution process
Role of negotiation in resolving conflicts
How can industrial disputes be resolved
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Introduction
Aurizon case of industrial dispute is not much different than that of the various existing cases related to employee relation and industrial dispute. Situation of Aurizon also cannot be considered isolated to that of the various other employers, who adopts absolute and inflexible position in their workplace negotiations in cases of industrial dispute. While, the union and workers are also strongly defend their claims for change or any demand which they posed. Thus, it can be stated that in such scenario effective resolution of the industrial dispute cases can only be achieved when both parties come for negotiation and get agreed on mutually beneficial terms and conditions. In consideration to specific case scenario of the Aurizon industrial dispute case it can be stated that pluralist approach to conflict became evident form the case facts, as two powerful and divergent subgroups of management and trade union is existing in system which has generated the need of collective bargaining.
Position of Management in Aurizon Dispute
As in pluralist approach to conflict, role...
Magic Carpet Airlines (MCA) is in the midst of a collective bargaining negotiation with a union and this paper will present the case from the union’s side of the bargaining table. First, one must understand the meaning of collective bargaining negotiations; this is when both sides of the negotiations discuss wages and others perks and then come to an amicable agreement. Collective bargaining is not a simple negotiation process, because the employer and the union usually meet on more than one occasion, due to the fact that union negotiators must keep their members informed during the process and they must also present any offers to their constituents for a yes or no vote to accept said terms being offered by the employer. The textbook offered the Magic Carpet collective bargaining as a case study and students were asked to analyze the issues being negotiated, determine ways
The collective bargaining approach, is a system used by trade unions to regulate industrial conflict. If conflict arises, the collective bargaining approach allows the trade unions to come together in a public forum to discuss any conflicting issues. The collective barganing approach in Trade Unionism assumes that the Trade Union is bargaining for the collective group rather than individuals. The collective bargaining group is given the opportunity to resolve any conflicting issues and in some cases but not all can prevent disputes from occurring. Harbison concludes that collective bargaining
Industry deregulation, amplified contest and toil mobility have made it extra hard for traditional unions to maneuver. In current decades, unions have experienced partial expansion because of transferal from "old economy" industries, which often implicated manufacturing and big companies, to lesser and medium-sized companies exterior of manufacturing. In the current past, prospective union associates have increase into a bigger number of companies. This leads to negotiating collective bargaining being difficult job, as union’s officials have to work with a bigger number of well-versed managers and most of the times have a difficult time systematizing employees. Therefore, the management ends up having the day by giving what they had brought to the table of negotiations (Greenhouse 1).
Labor Unions have been around for since the 1750’s. A union is “ a legally constituted group of individuals working together to achieve shared, job- related goals, including higher pay and shorting working hours ( Denisi Griffin 2015)”. Labor unions work with the employees to get the rights that they believe they deserve. The three laws that impacted unions was the Wagner Act of 1935, the Taft-Hartly Act, passed in 1947 and the Landrum Griffin Act of 1959. The Wagner Act was passed to help put unions “on equal footing as managers for rights of employees” (Denisi, Griffin, pg. 246). This law help to set up National Labor Relations Act and helps to administrate union laws. The Taft-Hartly Act of 1947 was passed to “limit union practices ( Denisi, Griffin, pg. 247) “and it also outlawed “closed shop (
In collective bargaining, employers too are stakeholders and ensuring that their interests are not compromised is important. Particularly, this is the case when the employees’ interests are conflicting with those of the employers. For example, a demand for shorter working hours by the workers would compromise the interests of the employer to enhancing productivity, which is part of their management mandate. In the collective bargaining agreement, some of the employers’ interests covered include managerial responsibility, safety standards, and disciplinary responsibility (Budd 11). The issue of employers’ rights is crucial to collective bargaining agreements because of the nature of the employer-employee relationship. Notably, collective bargaining is primarily based on strengthening or managing this relationship to the satisfaction of all parties. Therefore, without ensuring that the rights and responsibilities of each party are clearly stipulated in the collective bargaining agreement, the risk of one party’s interests being met at the expense of the other is real. A good example of how the issue of employer rights is featured in collective bargaining agreement occurred at one of the General Motors plants in Tonawanda where the management and workers agreed to work as partners rather than as antagonists (Pritchard Para
In order to make collective bargaining successful unions, and their members, must reach a greater understanding of all aspects and conditions with the company that employs the members. Concessions must be made on both ends to achieve a result that is satisfactory and improving. Common grounds for agreement include wages, hours, and the conditions in the workplace. Occasionally, when concessions can’t be reached strikes may result.
Instructively, it behooves to set the premise on the background of the industrial relation system in the within the territorial jurisdiction of the Federation of Australia. Pursuant to section 51 under the Australian Constitution, the Federal Government has the powers to legislate with regard to conciliation as well as arbitration with a view to prevent and settle industrial disputes that step out of the confines of any given state (Fleming, 2004). Previously, the Conciliation and Arbitration Act of1904 had been the relevant Act in this respect, and it provided for the existence of trade unions and instituted the Commonwealth Conciliation and Arbitration Act Court (Fleming, 2004). The commonwealth Court lost powers to the Commonwealth Conciliation and Arbitration Commission in 1956; subsequently, it was renamed to the Australian Industrial Relations Commission (AIRC) which serves to resolve dis...
Despite attempting to predict the eventual outcome of the negotiation, I did not anticipate the confrontations between Local H-56 and the management of Hotel Zinnia. Although they initially agreed to engage in integrative bargaining, the union and management subsequently entered an intense negotiation. When Local H-56 presented its proposal of wage increases and health insurance, management immediately responded with a counterproposal that surprised the union. Both the union and management eventually behaved confrontationally, accusing each other of bargaining unreasonably and focusing on the trivial aspects of the negotiation. Moreover, as the union and management felt increasingly frustrated, they suffered from a lack of unity in their teams. The union could not fulfill its objectives because its lead negotiator prevented other team members from contributing to the negotiation. On the other hand, several team members of management struggled to assert their authority as the lead negotiator. After observing these issues, I ultimately believe that the union and management failed to achieve their individual objectives. Moreover, by approaching the negotiation with a zero-sum strategy, I assert that the union and management failed to reach a mutually beneficial contract. At the same time, both sides of the bargaining table lacked cohesive teams and therefore struggled under the pressure of the negotiation.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
In the case study I am asked the major differences between public and private sector labor relations. Throughout my research I will use the text along with outside sources to help in finding the significant differences between the two. Furthermore as outlined in the text of (Holley, Jennings, & Wolters, 2012) have indicated some of the major differences between public and private sector including the market economy such as the relationship between the budget and the bargaining process, employee rights and obligations, and collective bargaining structures and decision making processes. Furthermore, we must consider the differences within dispute resolution between private and public sector labor relations.
(2) An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.” The arbitral tribunal may be told of the settlement by one of the parties alone, especially if the settlement has been recorded in a contract. Upon learning of the settlement, and being convinced that it had really taken place, the arbitral tribunal is called upon to terminate the proceedings, by which is meant the entire arbitration. It would be rare that a tribunal would do so without having received assurances from both or all the parties that the settlement had truly been agreed upon (unictad.org).
Colvin, A. S. (2013). Participation versus procedures in non-union dispute resolution. Industrial Relations, 52(S1), 259-283.
The unitary approach to IR is perceived that everyone has a common interest. All the employees share the goals of the organizations and cooperate properly with management, as one unit or team. The purpose of this approach is to be harmonious and for employees to build a good relationship with the employer. If there is any dispute it is seen as disruptive and treacherous, as the organization goals are above interpersonal conflict. Management does not seek negotiations with employees and unions since it is not seen as being necessary for achieving harmonious employee relations
The pluralist approach to industrial relations accepts that conflict is inherent in society and can be accommodated through various institutional arrangements. Pluralism recognizes the existence of more than one ruling principle and allows for different and divergent views from both management and trade unions, achieved through negotiation, concession and compromise. This approach to industrial relations reinforces the value and legitimacy of collective bargaining between management and trade unions as conflict-resolving and rule-making processes. This approach is found in businesses with a large number of employees, such as aa retail store chain or hotel chain.
Industrial disputes can be majorly because of economic and non-economic causes. The economic causes are issues relating to compensation like, condition for work, working hours, allowances, wages, bonus leave and holidays without pay, unjust layoffs and retrenchments. Whereas the non economic factors are victimization of workers, ill treatment by staff members, political factors, indiscipline, sympathetic strikes, etc.