More handpicked essays just for you.
The role of negotiation in the conflict resolution process
Role of negotiation in resolving conflicts
How can industrial disputes be resolved
Don’t take our word for it - see why 10 million students trust us with their essay needs.
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...
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.
1. How was Lincoln able to grow and prosper for so long in such a difficult commodity industry that forced out other giants such as General Electric, Westinghouse and BOC? What is the source of Lincoln’s outstanding and enduring success?
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
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).
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
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...
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.
... 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.
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.
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.
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
(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.
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
...04). The theory which in my opinion is the ‘best’ or most appropriate theory of industrial relations is the Pluralist theory. This theory has been in pole position in western societies for over thirty years. In today’s environment it is the most realistic theory as it assumes conflict is inevitable and recognizes that both employees and employers will have different objectives unlike the unitarist theories beliefs. It is now recognized that better managed industrial relations programmes and cooperation with trade unions can seriously impact on the prevention of disputes, increase productivity, quality and the motivation of workers within organisations and help to align employee objectives with the organisations objectives.