It is the employers legal duty to bargain with union representatives and employees to negotiate agreements through good faith collective bargaining. Additionally, if an employer chooses to intentionally bargain in bad faith, legal remedies should be adequately enough to promote the National Labor Relations Act’s goal of good faith bargaining. For example, refusal to provide information to the union as requested, is a form of bad faith bargaining. Another known example of bad faith bargaining is an employer intentional failure to meet with representatives within a reasonable time (Drotning & Lipsky, 1969). Legal remedies for unacceptable behaviors consist of enforcing the employer to pay for expenses wasted, for prolonged negotiation (Droning
In 1898, congress passed the Erdman Act, which prohibited employers from firing employees based on if they join a union. An employer for the Louisville and Nashville Railroad Company, William Adair, violated the statute by firing O.B. Coppage for his participation in a labor organization. The court, in a 6 to 2 vote, held that the statute not only violated the due process clause of the Fifth Amendment, it also held that congress’s power over interstate commerce does not extend to memberships in unions. The court uses substantive due process to read into the Fifth Amendment the laborers and employers right to ‘liberty of contract,” which Justice Harlan points out by citing the similar ruling in Lochner. The court reads it as the right of individuals to enter into contracts to either purchase or sell labor, which the law violated by limiting the rights of both the employer and employee. The court also rejected the argument that the law was within congressional power under interstate commerce by stating no logical correlation between union memberships and how it would affect intersta...
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
The second approach to bargaining is integrative bargaining which looks for win-win solutions, or outcomes in which both sides benefit. In other words it is negotiations between a union and management when the parties are not in direct conflict over an issue, and when both stand to benefit from continued discussions.
Despite attempting to predict the eventual outcome of the negotiation, I did not anticipate the confrontations between Local H-56 and the management of Hotel Zinnia. Although they initially agreed to engage in integrative bargaining, the union and management subsequently entered an intense negotiation. When Local H-56 presented its proposal of wage increases and health insurance, management immediately responded with a counterproposal that surprised the union. Both the union and management eventually behaved confrontationally, accusing each other of bargaining unreasonably and focusing on the trivial aspects of the negotiation. Moreover, as the union and management felt increasingly frustrated, they suffered from a lack of unity in their teams. The union could not fulfill its objectives because its lead negotiator prevented other team members from contributing to the negotiation. On the other hand, several team members of management struggled to assert their authority as the lead negotiator. After observing these issues, I ultimately believe that the union and management failed to achieve their individual objectives. Moreover, by approaching the negotiation with a zero-sum strategy, I assert that the union and management failed to reach a mutually beneficial contract. At the same time, both sides of the bargaining table lacked cohesive teams and therefore struggled under the pressure of the negotiation.
Providing employees the right to select a union to act as their collective bargaining agent.
Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
The negotiation revolved around three main individuals, Terry Hardel, Josephine McNair, and Joe Abernathy. For this negotiation, my partner played the part of Joe while I played Terry. We were both given the same general instructions. However, an additional set of secret instructions were given to each of us separately.
Since time immemorial, business activities have continuously been controlled by the forces of demand and supply. In light of this, it is evident that prices of commodities are achieved through an in-depth analysis of demand and supply. Nonetheless, driven by selfish reasons as well as in the quest to increase profits and consequently reduce losses, thus maintaining relevance in a competitive business environment, entrepreneurs’ apply dirty tricks as ingredients in the negotiation process. In a business environment, negotiation is prevalent as parties involved apply various strategies to achieve a win-win or win-lose situation to an argument. The negotiation process can be a tiresome experience. In this regard, it is important as
The topic for my real world negotiation is to come to an agreement with my supervisor for a promotion as well as an increased salary. I currently work as a student assistant at the student services Planning, Enrollment Management, and Student Affairs (PEMSA) department. My goal is to increase my hourly pay from $10.15 to $12.70, a 25% increase. Having worked in this department for three years, I have taken on tasks not part of my job description such as processing return mail, data entry, and supervision.
If you are like the majority of managers operating within labor contracts then you can relate to the frustration that accompanies the labor grievance process. For the most part, grievance policies are set to be mediating faucets that allow for a clarification or even a compromise between employer and employees. Yet, what takes place absent a clear understanding of the true purpose of the grievance process may be a whirlwind that brings about much aggravation and frustration between both parties. What follows are three effective methods in ensuring that your company’s approach in dealing with grievances is not distorted or manipulated.
BUSI 2465 is an interesting course. I participated in numerous ways. I thought of this course as a bargaining process in which bargaining was used among two different business people in order to close a deal or come to an agreement. Before the first class I wondered if negotiations was only consist of winning over each other rather than for mutual gains. I only thought it would be distributive where both the parties keep their information and interests hidden and moreover it is one time relationship. But, I never thought it would be integrative where both the parties share information and interest with each other and continue the long term relationship. Another question comes into my mind was that what are the necessary skills behind winning
Negotiation is an important strategy and plays an indispensable role for people to solve the problem in our lives. It is a good way to make both parties find acceptable solution by each parties use tactics to persuade another party to approve his or her viewpoint. The application of the advanced negotiation skills definitely not only brings success in our daily life but also improve people’s work ability. This essay will show my natural preferences for different types of influence tactics which have been utilized in in-class, the understanding of the negotiation and analyze how to use proper tactics at different situations which are based on the role-play activity in tutorial.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are: