Process For Settling Labor Management Disputes Peacefully

1668 Words7 Pages
Throughout the last century the process for settling labor-management disputes peacefully is known as collective bargaining, and was given statutory legitimacy in 1935 with the adoption of the National Labor Relations Act (NLRA) (Boniface & Rashmi, 2013, Barrett, Cutcher-Gershenfeld, Kochan, Ferguson, 2007, Cutcher-Gershenfeld & Kochan, 2004, Cutcher-Gershenfeld & McKersie, 2009, Post, 2009). The NLRA gave legal authority for employees to organize and join a union for the purposes of collectively bargaining with their employer. Collective bargaining is typically when one party (labor) will negotiate with the other party (management) to address working conditions, wages, and hours. However, negotiations will almost always address topics…show more content…
Additionally, section 8(d) details the obligations of each side during the collective bargaining process. These obligations are the most specific guidelines that the NLRA provides in terms of the negotiation process. They require both parties to meet at reasonable times, bargain in good faith in regards to wages, hours, and working conditions, and clarify that neither of the parties are compelled to agree to a proposal or concessions. The stipulations of section 8(d) are important in preserving the essence of collective bargaining, ensuring that it doesn’t become a meaningless exercise where only one party participates in earnest, or both parties go through the motions without making serious proposals that address the other party’s concerns. The NLRA never specifically stated what type of bargaining strategy must be utilized during negotiations. Knowing this, individual parties have the ability to determine and implement the strategy and process that will best help them to achieve their goals during the collective bargaining process. The NLRA literature outlines the various types of bargaining processes that the parties may utilize (and which will ultimately affect the behavior of each party). The two main bargaining processes that are used are distributive and integrative (Cutcher-Gershenfeld & Kochan, 2004). In integrative bargaining, which is associated with interest-based bargaining, each party seeks to find mutually beneficial
Open Document