DUE ASAP THANKS(NO special format or pages jsut replis or feedbacks to each post..thanks)
POST 1:
After reading this weeks chapter, collective bargaining is
essentially a negotiation and comprised of four parts, identifying
the issues, researching, strategizing and setting ground rules.
(Seaquist, 2015) In my opinion of the one step that would be
most important would be the identifying the issues. You need a
clear cut idea of what the issues are and where you plan to go with
all of this "Since the end product of collective bargaining is the
actual agreement, it is essential to first identify what collective
bargaining should accomplish. This is referred to as identifying
the issues.". Without clarity you could be arguing for
nothing and that is where you will wind up and no resolution to
anything. Identify what is wanted and /or wrong and then as they
say do the research to know where you are going with this. As I
stated before, without this step, things would become primarily
useless as there is no guidance as to what the main issues are.
Such as in this article it describes Mandatory Bargaining Issues as
"An employer doesn't have to bargain over every conceivable
employment issues. However, employers must bargain with the union
over issues that are central to the employment relationship, such
as wages, hours, and layoff procedures. Employers must give the
union advance notice of any proposed workplace changes that involve
these issues, if the union requests it. An employer who refuses to
bargain or takes unilateral action in one of these mandatory
bargaining areas commits an unfair labor practice."(Guerin,
L.2015).
POST 2:
The process of collective bargaining relies on the effective
preparation to make sure everything is in place to facilitate a
successful bargaining process. The key steps in the collective
bargaining process are preparation, discussion, bargaining, and
settlement. Each step plays signification role in determining the
outcome of the bargaining process.
Preparing for collective bargaining is crucial to the
successful outcome of the process. It involves selecting the
members of the negotiation team. The team should comprise people
who possess extensive knowledge and adequate negotiation
skills. The representatives of the union and the company take
time to evaluate their goals at this stage. They should all
ascertain if there is any valid reason for negotiation. It is
imperative for members of the negotiation team to understand the
current state of compensation, working conditions, and promotion
strategies. It is the knowledge that is crucial to the success of
the bargaining process.
The most step in the collective bargaining process is the
first step, which is preparation. Negotiation is characterized by
discussions and proposals to enable both parties to reach a common
point. Effective preparation gives the negotiation team an edge
because they understand the goals of the negotiation. It prepares
both physically and psychologically to handle the entire bargaining
process. The union representatives or the company representatives
all depend on efficient planning to be ready for negotiation. Poor
preparation can make it very difficult for the representatives to
produce competent proposals. It can lengthen the negotiation
process or lead to no solution.
POST 3:
What are the major differences between negotiation,
mediation, arbitration,
litigation?
Each are a form of dispute resolution weather formal or
informal. Despite its relationship to collective bargaining,dispute
resolution is not unique to labor unions or management (Seaquist,
2015).
Name Advantages Disadvantages
Justification
Negotiation It allows parties to settle matters
without paperwork It does not always work If an
employee has a problem with a coworker and reports it to a
supervisor who inturns talks to the employee to resolve the problem
without paperwork.
Mediation Is relatively inexpensive It has
no formal discovery process During resolving a dispute if one
can't get access to information one must rely on "good faith" of
other participants, which may not be enough.
Arbitration Effectively resolves disputes A
lack of transparency May be employed if an employee accuses
another of sexual offenses the proceedings are held in private and
both parties can agree to keep proceedings and terms private.
Litigation A judge renders a decision based on
evidence May lead to the destruction of a relationship
If I as a supervisor had a problem with my employer a judge may
consider my evidence and theirs to render a binding decision to end
the dispute.
POST 4:
The most common method of resolving disputes is through informal
negotiations which do not involve a preset structure, but rather an
informal discussion of differences and conclusions on how to
resolve them (Seaquist, 2015). However, many times issues
cannot be resolved informally, for a number of reasons, and a
formal dispute resolution must be used.
Mediation involves a neutral third party, called the
mediator, who is brought in to hear disputes and help both parties
reach a resolution. The mediator does not resolve the
disputes themselves, but they are there to help the parties “arrive
at a mutually satisfying conclusion” (Seaquist, 2015).
Ultimately, the parties themselves reach a final decision regarding
dispute resolution and the mediator simply facilitates the
process.
Arbitration also involves a third party, called an
arbitrator, but unlike in mediation the arbitrator makes the final
decision. “Arbitration is more structured than mediation and
involves many steps. It is similar to a trial and concludes with
the arbitrator writing a decision that is considered binding on
both parties. Close to 96% of all collective bargaining agreements
mandate arbitration as the final step in a grievance process”
(Seaquist, 2015, sec. 8.4). It is important to note the
arbitration is limited to situations in which both parties agree to
use it and once both parties agree to arbitration they are legally
bound to follow it through.
Litigation is a last resort when all other dispute resolution
methods have failed. “Court cases illustrate that problems
not resolved through a grievance procedure may escalate and end up
in court, where the matter is turned over to an outside third
party—the judge and/or the jury—who will decide the matter. The
result may cost millions of dollars, far outweighing the initial
outlay to hire counsel” (Seaquist, 2015, sec. 8.1).












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