Examine the Options Available to Workers and Trade Unions for Building More Effective Outcomes

Labor and Union Studies

Critically examine the options available to workers and trade unions for building more effective outcomes

Critical Examination of Options for Effective Outcomes

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

Collective Bargaining

Arbitration Process

Collective Bargaining Advantages

Dialogue: Key Negotiation Tool

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

There are several processes that are utilized in successful resolution of disputes which arise between management and workers who belong to trade unions. Todays processes are more diverse and varied reflecting the workforce profile of todays world. Arbitration, Collective Bargaining as well as resolution through skillfully structure dialogue are discussed in this work. Collective Bargaining is stated to be more effect than arbitration. However, a new form of adaptive and family/worker/company all-accommodating solutions are seen emerging in companies throughout the world.

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

Statement of Thesis:

The purpose of this work is to critically examine the options which are available to workers and trade unions for building more effective outcomes.

Introduction:

In existence are many ideas rendering defining characteristics of processes that ensure effective outcomes in disputes taking place between workers and trade union. Dispute resolution has many new elements within the framework of resolution processes inclusive of adaptations to the new diversification expressed in the global workforce.

One of these tools is the traditional “arbitration process” and as well “collective bargaining” and other adaptive processes in dispute resolution.

I. Collective Bargaining

Collective bargaining is a resolution process stated to be:

“Specifically an industrial relations mechanism or tool, and is an aspect of negotiation applicable to the employment relationship. As a process the two are in essence the same, and the principles applicable to negotiations are relevant to collective bargaining as well.”

The difference in collective bargaining and negotiations are that collective bargaining is in the interest and for the benefits of several employees, and is a process demanding that “certain essential conditions need to be satisfied”

Since collective bargaining is a process occurring parallel to the day-to-day working with and near each other this type of negotiation “ultimately motivates the parties to resolve the specific issues.

The proximity of the parties as well as the continuing working relationship characterizes the difference between collective bargaining. Collective Bargaining has been defined as:

“Voluntary negotiation between employers or employers organizations and workers organizations, with a view to the regulation of terms and conditions of employment by collective agreements.” (ILIO Right to Organize and Collective Bargaining Convention (No. 98) 1949

Formulation of a strategy for all negotiation stages including that of the “pre-negotiation stage must be addressed. Pre-negotiation strategy should address the following elements:

“How much to offer while leaving room for further negotiation if the offer fails. The offer should be sufficiently attractive so as not to lead to a breakdown in negotiations.”

“How to link ones requirements to the concessions one makes.”

Important Elements in Successful Negotiation:

Observance of Agreements

Support of Labor Administration Authorities

Good Faith

Proper Internal Communication

II. Arbitration Process

Arbitration is precisely as it sounds and is indeed an “arbitrary” which is defined by Websters Dictionary

as follows:

1

Depending on individual discretion (as of a judge) and not fixed by law the manner of punishment is arbitrary

2

A. Not restrained or limited in the exercise of power ruling by absolute authority an arbitrary government

B. Marked by or resulting from the unrestrained and often tyrannical exercise of power protection from arbitrary arrest and detention.

III. Collective Bargaining: Advantages

Collective bargaining is believed to be more advantageous for settlement and such communication to be accomplished through use of dialogue and consensus instead of the generally used “conflict and confrontation” arbitration which relies on a third party opinion in decisions. Collective bargaining is a process inclusive of the representation of the choice, compromise or agreement of the parties directly involved. Collective bargaining seeks a solution agreeable to all involved where as arbitration of the dispute is a situation in which one side wins and the other loses. Instead of.