Mediation: Assessment of Its Potential in Labor Relations

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

After an organization has unionized, the union and organization must negotiate the terms of the agreement to reach a mutually beneficial agreement. The negotiation of these terms results in the creation or renewal of a collective agreement. A collective agreement is defined as “a labour contract that addresses a variety of issues such as wages and benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, and work assignments. Usually negotiated between the local union’s bargaining committee and the human resource or industrial relations department” (Schwind, Uggerslev, Wagar, Fassina, & Bulmash, 2016, p. 597). The union and organization must both agree to the terms of a collective agree but if they are not able to come to an agreement conciliation, mediation or interest arbitration will often take place. Conciliation occurs when a government-appointed third party is brought in to help resolve the dispute. Mediation is similar but instead uses a neutral third party to help resolve the dispute. Arbitration is

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

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.

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

President Johnson instructs Undersecretary of labour James Reynolds to take charge of mediation to settle the strike, Reynolds Steps up in meeting with city and union officials trying to get to an agreement

Throughout the past five weeks we as a learning team have gathered and learned a huge amount about the use of Mediation within an agency scene. Our team has collected and gathered a number of Internet websites to use as resources together with assorted interviews with social agencies. Our findings have concluded summaries about the future of the mediation and advocacy in this country and the role of human services workers in these processes.

At the outset of the strike, the owners and players agreed to utilize the Federal Mediation and

First of all the power in government is diffused. The distribution of power was intentional so that the authority could be divided between the legislative, executive and judicial branches. This tactic makes it more difficult for public-sector unions to negotiate and collectively bargain because the employee's authority is limited(Gomez-Mejia et al., 2012). Also, many government employees are strongly restricted from striking or supporting strikes. These setbacks have forced public sector unions to develop creative ways of negotiating by mandated arbitrations and mediations.

I never imagined myself as a mediator, but prior to beginning this class I learned from previous students that it included role plays in which we mediated disputes between our classmates. I incorrectly assumed we would be thrust in a simple situation like helping mutual friends work out some simple disagreement. I did not realize we would practice our conflict management skills in so formal and serious a setting. I found the prospect somewhat daunting, but as the semester progressed I became increasingly comfortable with mediation. I performed well in certain aspects of the mediations and struggled, but improved in, others, culminating in my best mediation yet. In short, I improved my mediating abilities throughout the semester, progressing from an average mediator who performs adequately to an excellent one who effectively uses key mediation tactics, at least in role plays.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

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

Ury, William, Brett, and Stephen, and Goldberg (44) argued that actors should instead focus on what they would like to do with their interests. Claims and disputes based on interests are usually easier to negotiate and are also less likely to become intractable. When the interest negotiations do not work, different parties in the dispute, i.e. the workers and management should consider using rights-based approaches such as mediation, and arbitration. Furthermore, the power-based approaches such as strikes should only be resolved for the few conflicts that cannot be resolved through either the rights-based or interest-based approaches. As such, the recommended system should resolve most of the disputes and issues at the interest level, least at the right level, and the least through the use of power options. Doing so will be considered effective for a number of reasons. Firstly, negotiating interests are usually considered to be less expensive compared to either adjudicating the rights or pursuing the power options. Secondly, depending on negotiating interests will usually increase the chances of gaining mutually satisfactory solutions, while the other two methods would lead to a win-lose situation, where not all the people involved would benefit from the resolution procedures, leading to long-term resentment. Thirdly, it is evident that relying more on the power-based approaches will lead to the losing side planning to get back on the other side, even when it is to the

The initial achievement in collective bargaining starts with proper contract composition. The bargaining team must consider past grievances and arbitration decisions, and problem areas that are often overlooked in negotiation language. The