At the Bargaining Table

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

Collective bargaining, as its name implies, is achieved when two or more parties come together to make a decision about something. Specifically, it is achieved when employers and a group of employees work together to decide important terms and conditions regarding employment. These terms and conditions include compensation as well as rights and responsibilities of employees, employers, and unions. They can also include guidelines for resolving problems such as grievances and disputes (Budd, 2010, p. 13).

“Successful negotiation is not about getting to ‘yes’; it’s about mastering ‘no’ and understanding the path to an agreement is” (Christopher Voss). During the negotiation process, there are a lot of moving parts and personalities. In addition, hurt feelings can all too often get in the way. The bottom line of any negotiation is to reach a settlement that will mutually benefit both parties. It’s a challenging situation by which compromise or agreement is reached while attempting to avoid arguments and disputes.

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

Therefore, the obligation to attend and participate in negotiations allows employees to feel a sense of trust between them and the management and for that reason will presumably be able to raise and convey their individual concerns openly. It is also perceived that good faith bargaining would also enable employees to negotiate more “equitable and flexible outcomes” (Patterson, 20002) for themselves. Thus, management will be able to determine what issues need to be addressed within the organisation and what needs to be done to resolve the problem. Overall, “attending and participating in meetings” will provide a forum for employers and employees to get together before engaging in the “enterprise- bargaining process” (Anderson, 2010) to consider carefully what they are seeking from the process and what measures they will employ to determine whether the agreement will be successful. It also allows management and employees the opportunity to establish “consultative mechanisms” (Anderson, 2010) to examine the most effective ways of increasing

Nations have faced enormous increase in international negotiations from 20 years ago. In an increasingly globalized world, more businesses are trying to go beyond the borders. It is obvious that negotiations preceded all cosmopolitan commercial transactions such as a product sale, formation of a joint venture, merger or acquisitions of companies, or the licensing of the business to or from a foreign firm. Negotiations are unavoidable when an essential outcome is impossible to achieve unilaterally without incurring undesirable political, authorized, or cost-effective consequences. Hence, global negotiations play a crucial role to get a satisfactory multinational business

Legislation though out the last century have affected the labor conflicts and have either helped or tested the ILWU. One of the most important pieces of legislation to the ILWU would be the National Industrial Recovery Act (NIRA) section 7a. As Deborah Sonis, an editor, observes that section 7a “gave employees the right to organize and bargain collectively” (n pag.). This act made it possible for the ILWU to bargain collectively, which is one of the main points of the solidarity of the union on the west coast and not just in specific ports. While the NIRA was a help to unions, other legislation was a deterrent to unions. The Taft-Hartley act was created after gains by labor unions in the wake of World War II to benefit the employers. As the author Peter Onley claims “that giving the President the power to stop worker strikes-under threat of financial penalties and imprisonment-could radically shift the balance of power in favor of employers” (n pag.). In 2002, Peter Onley informs that “President Bush acted on October 8 and went to Federal District Court in San Francisco to enjoin the lock-out and open up the ports” (n pag.). The use of the Taft-Hartley could have negatively affected the union but the solidarity was what help the union survive. Other unions should see know what legislation affects them, and have strategies of how to deal with the legislation.

Impasse, a situation or disagreement cannot be reached; deadlock. In Case 3-1 Negotiating Under the Sunshine Laws, the city, and the union were unable to agree on the matter of wage level, also, few other minor economic matters for the new contract.To help ease the disagreement, a mediator is brought in to help make a decision. To conduct mediation a specific group of individuals is required, which are city councils, citizens, and the press. To alert people of the meetings the city would post notices on the city’s calendar at City Hall. Also, newspaper’s reports would be contacted by the city’s representative.

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next

3. Some priorities that would have to be addressed in the collective agreement language would be to make sure that the language used would be appropriate in the negotiations. This would make use of words that provide no flexibility; these words can be will, shall, and must. It would ensure that both parties know that the topic discussed is a serious problem as well as helping the members of the union in keeping their jobs with minimal changes. Subtleties in language can have a huge impact on negotiations and it is important for unions to use them because if they do not then they could be giving favouritism to management. Using words like will usually, will normally and may are statements that could imply levels of some sort of flexibility.

When negotiating a contract in a multiple employer or multiple union structures, management must first be proactive rather than reactive when preparing to negotiate to negotiate for a contract. It is very important for the employer that is associated in collective bargaining, due to the fact that one third of all employees that are covered by union contracts are considered to be working under multiple employer agreements. The multiple employer and union structure deals with the smaller and the larger unions at different sights or locations that have agreed to join together and deal with the terms of bargaining collectively to improve the company (Holley, Jennings & Wolters, 2012). Single union is the most common bargaining the Canada. Many

Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of

Collective bargaining is the process by which conditions of employment are negotiated between management, and the labor organization representing employees in the bargaining unit. However, “collective bargaining refers to a situation in which union members and officials meet with an intent to resolve any issues or conflicts, in an attempt to maintain relationships” (Holley, Jennings, & Wolters, 2012, p. 243). The collective bargaining process relies on four aspects: recognition of the meeting, meeting with appropriate parties, bargaining in good faith, and incorporating the reached agreement (Adam, 1997). Nevertheless, collective bargaining activities are governed by the National Labor Relations Act (NLRA). The NLRA requires bargaining

Communication styles in negotiation are probably one of the most important skills or characteristics one will develop over a lifetime. From the point a human being begins to develop cognitive skills, the process of learning and understanding situations become more apparent. One will learn from a very young age the dynamics and characteristics of communication and its role in negotiation. To better understand the communication process, one must be able to recognize how they communicate, whether it is on an assertive, aggressive, passive, or passive-aggressive level of communication. The manner in which one conveys his/her message is critical, and the many methods in which they do it is

The commencing of negotiation can help building rapport that is pivotal for a negotiator to gain more information from their counterpart. Combined