Katz_and_Kochan-An_Introduction_to_Collective_Bargaining-Chapter_9-Dispute_Resolution_Procedures

Katz_and_Kochan-An_Introduction_to_Collective_Bargaining-Chapter_9-Dispute_Resolution_Procedures

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Unformatted text preview: AN INTRODUCTION TO COLLECTIVE BARGAINING AND INDUSTRIAL RELATIONS Harry C. Katz Cornell University Thomas A. Kochan Massachusetts Institute of Technology rdw Burr Ridge, IL Dubuque, IA Madison, WI New York San Francisco St. Louis Bangkok Bogota Caracas Lisbon London Madrid Mexico City Milan New Delhi Seoul Singapore Sydney Taipei Toronto 160 Boston Irwin McGraw-Hill C H A P T E R D I S P U T E R E S O L U T I O N P R O C E D U R E S When labor and management fail to reach agreement on a labor contract through a ne- gotiated settlement, they may turn to a procedural technique to resolve the impasse . This chapter, still in the middle (functional) level of Exhibit 1-1, describes various dispute res- olution techniques, shows how these techniques affect the negotiations process, and as- sesses how well the techniques perform in settling impasses. The chapter first describes mediation, a process by which a third party tries to lead labor and management to a negotiated settlement through enhanced communication and recommendations. The discussion then turns to fact-finding, a more constraining proce- dure in which the third party makes their recommendations in a formal report. The next dispute procedure considered is interest arbitration where the parties are constrained to adhere to the decision of the third party, the arbitrator.' As with our other aspects of collective bargaining, in the area of dispute resolution there are a number of new techniques and roles emerging. Some mediators are now using interest-based techniques to facilitate labor-management negotiations, consistent with the principles of interested-based bargaining as described in Chapter 8 . We wilt describe this approach and contrast it to mediation of more traditional negotiations. This chapter fin- ishes by discussing how new third-party roles are emerging to better respond to the envi- ronmental pressures that confront the parties and to improve labor-management relations. Mediation 212 Mediation is the most widely used, yet the most informal, type of third-party intervention into collective bargaining. In mediation a neutral party assists the union and management negotiators in reaching a labor agreement. A mediator has no power to impose a settle- ment but, rather, acts as a facilitator for the bargaining parties. Mediators keep the parties talking, they carry messages between the parties, and they make suggestions . Mediators must rely on their persuasion and communication 16 1 Chapter 9 Dispute Resolution Procedures skills to induce the parties to reach a voluntary agreement . A mediator's power is limited by the fact that he or she is an invited guest who can be asked to leave by ei- ther labor or management....
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This note was uploaded on 01/19/2011 for the course LABOT STUD 37:575:312 taught by Professor Busto during the Spring '10 term at Rutgers.

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Katz_and_Kochan-An_Introduction_to_Collective_Bargaining-Chapter_9-Dispute_Resolution_Procedures

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