Dispute_ResolutionILRCB205 - Dispute Resolution Techniques...

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Unformatted text preview: Dispute Resolution Techniques of Dispute Resolution Negotiation (with or without strikes) Mediation Fact-Finding Arbitration Other Techniques??? Disputes: Collective bargaining in the U.S. has two distinct phases: The negotiation of the contract The administration of the contract Two Fundamental Types of Disputes Interest disputes: Negotiating or re-negotiating a contract Normally this is what is meant by interest disputes Organizing and recognition Secondary and consumer boycotts Political action Rights Disputes: Administration and interpretation of the contract Normally this is what is meant by rights disputes Breach of contract Statutory claims Interests vs. Rights The processes used to resolve disputes in one phase are different from the processes used in the other phase. Interest disputes: resolved by means of negotiations and mediation as well as by strikes, lockouts and other forms of coercive behavior. In certain circumstances, fact-finding and arbitration are used. negotiation, the grievance procedure and arbitration. Rights disputes: resolved by means of A process of assisted negotiation Service usually provided by Mediation of Interest Disputes government agencies Federal Mediation and Conciliation Service Various public employment mediation agencies When is Mediation Used When the parties request it Negotiations have broken down Need assistance in negotiation When it is required by statute National Mediation Board (Railway Labor Act) Various public sector triggers in law Fact-Finding Rarely used except in public sector collective bargaining A process in which the neutral has more power than a mediator, but less than an arbitrator Hears the case as an arbitrator, issues an opinion, but the parties are not obligated to abide by it Types of Interest Arbitration Voluntary arbitration Pre-dispute Mandatory arbitration Post-dispute Compulsory arbitration Required by statute Interest Arbitration Arbitrator is given the authority to determine the provisions of the collective bargaining agreement Seldom used in the U.S. but can still be important Where is it used? Public sector Select industries (utilities, newspapers, public transit, etc.) Professional sports Interest Arbitration Arbitrator's function in interest disputes: writes at least part of the CBA for the parties is "more nearly legislative than judicial" Negotiating an interest arbitration agreement: A mandatory or permissive subject of bargaining? What criteria should the arbitrator apply in these types of cases? Conventional v. Final-Offer Arbitration "Conventional" arbitration: arbitrator has nearly unlimited scope of authority Criticisms of conventional arbitration: do arbitrators "split the difference"? narcotic effect chilling effect Overcoming the defects of conventional arbitration... The Development of Final-Offer Arbitration (aka "Last Best Offer...") Originally, an "academic" idea Nixon/Schultz's proposal for Title II of the Taft-Hartley Act Railway Labor Act national emergency disputes (1970) Public sector bargaining interest arbitration included in the statutes of several states usually used in police and fire disputes Mechanics of Final-Offer Arbitration Two types of final-offer arbitration: By package By issue Is final-offer arbitration effective? Massachusetts study Other evidence Sports arbitration Comparing the Types of Arbitration Types of Disputes Interest Arbitration New contracts Scope of Authority Broad defined by party's submission "Trigger" Compulsory - triggered by impasse Voluntary - triggered by agreement Grievance Arbitration Grievances arising under existing contracts Constrained defined by CBA Final step in grievance procedure Employment Arbitration Statutory claims Individual employment contracts Limited "defined by employment contract" Voluntary - triggered by post-dispute agreement Mandatory - triggered by pre-dispute agreement ...
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This note was uploaded on 12/14/2007 for the course ILRCB 2050 taught by Professor Givanr during the Fall '06 term at Cornell University (Engineering School).

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