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They may include language pertaining to this topic that actually says nothing intelligible. Both sides are then able to claim that they did not submit. If the issue subsequently arises they can try to resolve it themselves under less difficult circumstances.

State Strategies In International Bargaining: Play By The Rules Or Change Them? Paperback

If they are unable to obtain a mutually acceptable outcome, they can invoke the contractual grievance-arbitration procedures and ask an outside neutral to decide the matter. The losing party then has someone to blame — that pointed-headed arbitrator — and the labour and management representatives can continue with their relationship without unnecessary acrimony. Over the past fifty years, the decline of union membership has greatly influenced bargaining interactions.

By the mids, 35 percent of private sector workers were union members who had their employment terms established through collective bargaining. As the U. Non-union companies hired law firms and labour consultants to keep their firms non-union, and organized companies began to discover ways to get rid of their unions. If this trend continues and unions are unable to develop new organizing plans that appeal to post-industrial workers, they will become redundant outside such traditional industries as autos, steel, and electrical manufacturing. In their recent book, What Workers Want , Professors Richard Freeman and Joel Rogers discovered that over 80 percent of employees would like some form of collective interaction with management, with almost half of these respondents indicating an interest in traditional labour unions.

Chapter 21 - Labour Resources and Human Resources Management

On the other hand, most of the individuals indicating an interest in unionisation, suggested a desire for less confrontational labour-management relationships. Representative unions can no longer sit down with employer agents and simply negotiate the terms they would prefer to have. In out global economy, they must understand the impact of their bargaining decisions on firm competitiveness. If they unduly increase labour costs or lower productivity, corporate earnings will decline and workers will be laid off.

They have to work together as partners to achieve results that reward employees for their contributions to firm success, while simultaneously recognizing the need to keep companies competitive. A number of successful unionised firms have taken courses together on interest-based bargaining compiled to teach labour and management representatives how to look for ways to satisfy the underlying needs of both sides simultaneously.

Play by the Rules or Change Them?

They discussed the need for participants to prioritise their underlying interests and seek ways to maximize the returns achieved by both sides. When complicated issues are brought forth, parties may use separate committees to explore different options that might be employed to handle these matters.

These groups can meet away from public bargaining sessions and look for pioneering alternatives that might not have been used previously. Without the glower of public scrutiny, they can explore options that might not be ultimately adopted without the fear of embarrassment.

Management officials often complain to Labour Law teachers how difficult it is to determine whether particular topics are mandatory bargaining subjects that must be discussed with union agents. Some subcontracting decisions that merely involve the substitution of less expensive outside workers for present employees must usually be bargained about, while other decisions involving partial department closures or other fundamental changes in the business do not have to be discussed. NLRB, U. On the other hand, when the decisions do not concern labour costs and do involve changes in basic operations, bargaining will not be necessary.

Where the line between required bargaining and non-mandatory bargaining is to be drawn is not clear.

This fact should not, however, frighten management officials. As noted earlier, the duty to bargain does not require that either party to agree to particular demands or the making of concessions. If company leaders are considering changes that might arguably be subject to mandatory bargaining, they should resolve doubts in favour of collective negotiations. They should advise union officials of their contemplated changes and offer to bargain.

They should carefully explain the reasons for the proposed changes and ask for a union response. If the union is able to respond appropriately to their needs, company officials may decide to retain their current workers and adopt the union proposal. If union negotiators do not work to satisfy firm concerns, the company negotiators need only bargain to a good faith impasse. At this point, they may legally effectuate their previous proposal despite union objection. They have to be sure to satisfy two crucial prerequisites to such unilateral changes.

First, they must be sure they have arrived at a good faith impasse. This is when after thorough bargaining, the parties have reached presently irreconcilable positions. When in doubt, they should offer to have another bargaining session to be certain they have reached this point. Second, the changes they unilaterally implement cannot be more generous to the workers than those already offered by their side at the bargaining table. Individuals who must partake in collective bargaining interactions should take a good training course on negotiating if they can, and also should read several books on the negotiation process.

They should prepare for long, drawn-out talks which will take time to develop, both because of the many issues to be addressed and the political nature of union representatives. They should also distinguish that most bargaining encounters will not be settled until shortly before the existing contract is due to expire.

If labour leaders agree to terms too early, unit personnel may suspect they have become too comfortable with management and vote against contract ratification. If, on the other hand, management negotiators allow the union agents to take credit for the gains achieved through their last-minute efforts, the affected employees are likely to be satisfied with the final results. Very informative look at collective bargainaing. As a union member i can say that we have the right to capitalize on our labor, just as the corporation has the right to capitalize. We would be a undesirable society with no middle class.

Unions are still needed in my opinion, simply due to the fact that corporations are profit maximizing machines that would cut labor costs down to slavery if they could. Our econmoy is consumer driven. The more we have to spend, the more we spend. Henry Ford based his company on this premise and over paid his employees so they could afford to buy his products. Very informative. This article breaks down collective bargaining in a way that anyone can understand.

Professor Craver has written a remarkable article on the subject, and he must have done exhaustive research. I learned quite a few new concepts that I could not find elsewhere. The material does offer some solid advice near the end. Your email address will not be published. Click to Email.


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Collective Bargaining Union Negotiation. Summary Gain insight into best practice approaches to collective bargaining negotiation.

Collective Bargaining Union Negotiation

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Build confidence and competence. A good reminder of our last training. Good engagement with the students. The case study was fun and interactive. Overall it was time well spent and certainly helped the team focus on improving our negotiating skills.

State Strategies in International Bargaining

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