Labor Relations System Strengths And Weaknesses

Every year in this country, there are major labor disputes that result in strikes or work stoppages. In each case, the organization, the labor union, and the public are negatively affected. Why can 't there be a better way of resolving disputes between the management and labor unions to avert unnecessary strikes? Why does the relationship between the labor unions and management have to be adversarial in nature? Does anybody benefit from strikes and work stoppages? These are some of the questions that I will explore in this study.

More companies are turning to alternate dispute resolution (ADR) as an alterative to the judicial system for settling employee disputes. There are some clear advantages and disadvantages to ADR for both employers and employees. The best-designed ADR programs are those that are fair and impartial. A good ADR program should seek to find the best possible outcome for both parties while saving time and money and preserving relationships. The least effective ADR programs tend to be unfair and perpetuate the imbalance and bargaining power discrepancy frequently found in employer-employee relationships.

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Mediators are neutral and harbor no invested interest in the conflict or with any of the parties involved. The recommendations made by the mediator is not binding unless all parties agree to the settlement. Going into mediation allows the people engaged in an on-going conflict to reach a mutual agreement, settling their differences instead of participating in lengthy and expensive court proceedings.

Mediation is a one form of intervention, where parties' representatives may sit on the table and discuss about their issues. Mediator has to be neutral and acceptable for all the parties in the conflict. When I take a role as a mediator in Ferguson conflict, I have to look at the marginalized people. Definitely, the Black community is one of the disadvantaged group throughout the years. Mediator should be aware about the scenario, so I emphasize on the study of past incidents, structural setting of institutions, current initiatives, and possible future actions. This process

Here, the labor and management members are the partisans or advocates for their respective sides, and the neutral chairperson then becomes a single arbitrator. The unique role that the panel chair plays in the arbitration process is that it’s the chairs duty to keep other arbitrators well informed of the aspects involved within the case in order to make sound decisions. When the tripartite board doesn’t decide unanimously, they turn to the collective bargaining agreement, which often stipulate that a majority award of the board is final and binding. The advantages of this board are that it provides the neutral member with valuable advice and assistance from the partisan members, which allows the parties to give a more realistic and informed picture of the issues at hand. However, the disadvantage is that it takes additional time and more expenses are incurred with a board.

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

Unions play an important role in the marketplace by ensuring that employees are treated fairly. Although it originated around the industrial revolution and the reign of “Big Business,” the practice continues to day. Laws have regulated and organized, which resulted in collective bargaining power with the ability to go on strike or engage in negotiations. Although the role has changed over the years, businesses and unions continue to work together to improve the lives of the employees and hopefully inspire businesses to provide superior treatment to avoid conflict.

A Mediator Speeds The Resolution Process: Filing lawsuits, waiting for hearing dates, attending court, and preparing for trial are time-consuming and costly activities. Mediation is a cost-effective conflict resolution option. The parties split the cost of the mediator and the sessions are scheduled for the parties’ convenience. Mediation frequently produces

You have placed much emphasis to help me fully see the benefits of implementing arbitration agreements for employers. I like how you have highlighted the major aspects of arbitration. Arbitration has many benefits that would serve highly beneficial and impactful for employers. Furthermore, I am in agreement with you post. Essentially since arbitration generally results in being cost effective, quicker to amend an issue, and way more confidential. I can further see why employers would utilize arbitration because primarily these types of proceedings stay out of the public view and are not accessible via public record.

A mediator can work with the courts to help two parties come to an agreement. A mediator can work with businesses, parents involved in a divorce or family members in a therapuetic environment. The type of mediator you want to become will dictate many of the steps you take to become a mediator. It all starts with the kind of field you want to pursue and the education you'll want to obtain.

Whereas a judge will make a decision for the parties, the mediator helps them make their own decisions. In fact, a mediator has no decision-making power during mediation. The fate of the case is entirely in the hands of the parties.

I believe i am a mediator because I like to see a happy ending. I don’t like people fighting and arguing over things that will end or bring issues to their relationship. For my core i believe is a great role. First of all we would not end up with a situation that i need to step in. But if it happens I would understand and try to resolve the situation.

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

A problem that may be associated with mediation is power imbalance. Unfortunately, the mediator is only a third party which is present to assist the disputants with their communication to ensure it does not break down and help them reach a decision; however “the parties are in ultimate control, the mediator should not intervene even if one party has more bargaining power than the other” . This can in some cases result in an unfair agreement. Another adverse side of mediation is that; “basically anyone can hang out a sign and practice mediation” - meaning that mediators do not need to undergo a long period of study to ensure their professionalism and knowledge of dispute resolution. This can be harmful to the system and may result in cases being handled by unprofessional personals.