Dispute Resolution Methods Alberta’s Labour Relations Code and Police Officers Collective Bargaining Act provide methods for resolving disputes including: Mediation Voluntary Arbitration Board Compulsory Arbitration Board Interest Arbitration Board Disputes Inquiry Board Public Emergency Tribunal Construction Industry Disputes Resolution Tribunal Introduction Collective bargaining is the process through which employers and employees establish the terms and conditions of employment in unionized workplaces. The vast majority of collective agreements in Alberta are reached through negotiations without outside assistance (over 80 per cent) or through negotiations using a provincially-appointed mediator. Fewer than two per cent of collective …show more content…
The parties have a set amount of time to review the recommendations before they are posted publicly. They have 10 days to notify the Minister of their acceptance of the recommendations. If both parties accept the recommendations, they are binding. If one or both of the parties does not indicate acceptance of the recommendations, the Labour Relations Board conducts a vote of the party or parties that did not accept them. If the recommendations are rejected again after the vote, the parties can continue negotiating a settlement on their own, or give a 72-hour notice to strike or lockout. Government pays the costs associated with a DIB. Public Emergency Tribunal (PET) In the case of an existing, or imminent strike or lockout, the provincial government has the option to end a dispute by declaring a public emergency and referring the matter to a Public Emergency Tribunal (PET), which is a form of compulsory arbitration. This is only used when a dispute may result in damage to health or property (e.g., disruption of health services, water plant, etc.) or unreasonable hardship is placed on persons not involved in the dispute. A time period will be set during which the parties can meet on their own or with a government appointed mediator to reach a settlement. If a settlement cannot be reached on or before the fixed date, the dispute is referred to the PET. The PET process is initiated and the Minister fixes a deadline by which the PET must issue a binding award.
“negotiation about working conditions and terms and conditions of employment between an employer, a group of employers or one or more employer’s organisations, on the one hand, and one or more representative worker’s organisations on the other, with a view to reaching an agreement” (Farnham and Pimlott 1995).
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).
Thesis: The Lakeside Packers case demonstrates that the province of Alberta requires the Labour Code to be amended to allow for First Contract Arbitration in the Collective Bargaining Process.
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.
In the Common Law, if any change is made it would prompt dismissal or counter
The National Labor Relations Act (NLRA), (main aspect of law for the collective bargaining) is
83/1992 s.4 conciliation, mediation and arbitration with the minimum of legal form and technicality; (i) to provide for the observance and enforcement of dispute
Step 2: Parties are given seven days to study the list, cross-off unacceptable names, and rank remaining names
4. The Library Director, after receiving the committee’s advisement, will make a decision on the objectionable materials. Results from the final decision will be communicated in writing to all parties involved within one week of the final
stoppage be ended and that controllers return to work. The FAA won similar orders in Minnesota
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
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
Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.
It is stated in the paper that disputes are a short term part of an