1 / 16

Chapter 9

Chapter 9. Resolving Negotiation Disputes. Contract Ratification. Contract Negotiations. Tentative Agreement. Ratification Election. Rejection of Proposed Contract. Acceptance of Proposed Contract. Final Agreement. Why Union Members Vote For Ratification.

sinclair
Download Presentation

Chapter 9

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 9 Resolving Negotiation Disputes

  2. Contract Ratification Contract Negotiations Tentative Agreement Ratification Election Rejection of Proposed Contract Acceptance of Proposed Contract Final Agreement MGMT 523 – Chapter 9

  3. Why Union Members Vote For Ratification • Perception of limited employment opportunities • Satisfaction with the terms of the tentative agreement • A perception that the union represented their interests effectively • Avoidance of the potential for lost income MGMT 523 – Chapter 9

  4. Why Union Members Vote Against Ratification • Dissatisfaction with items in the agreement • Perception that the contract doesn’t compare favorably with contract in the area or industry • Internal union politics creates dissenting voters • Poor communications between the union’s leadership and its members. • As a tactic in the union’s bargaining strategy MGMT 523 – Chapter 9

  5. Third-Party Neutrals • Impasse • The point in negotiations when no voluntary settlement appears likely. • Mediation • Fact-Finding • Semi-judicial process • Gather facts to issue a public report containing conclusions and recommended terms • Interest Arbitration MGMT 523 – Chapter 9

  6. Criteria Used by Arbitrators • Whether a bargaining proposal involves a new bargaining subject • The potential effect on the relationship between the parties • The general welfare and interest of the public • Comparability of terms • Current economic conditions • The financial ability of the employer to pay for the costs of any proposed settlement terms MGMT 523 – Chapter 9

  7. Arbitration Options • Conventional Interest Arbitration • Final-offer Total Package (FOTP) • Arbitrator must choose one package to be implemented in its entirety • Final-offer Issue Issue-by-Issue (FOIBI) • Mediation-Arbitration (Med-Arb) • A mediator who is also empowered to act as an arbitrator to settle the dispute MGMT 523 – Chapter 9

  8. Economic Pressures • Union • Strikes • Illegal Strikes • Work Slowdowns • Boycotts • Primary Employer • Lockout • Strike Responses MGMT 523 – Chapter 9

  9. More likely Preceding contract length is longer Negotiations serve as a pattern setter Larger bargaining units There is a large variance in the firm’s financial performance. High risk of injury or fatalities Less likely Fewer issues are being negotiated A large proportion of women are employed Firms and industries pay a higher wage rates Use of Strikes MGMT 523 – Chapter 9

  10. Strategic Purposes of a Strike • To resolve the union’s internal problems • Remove tensions and release frustrations • Unify diverse factions within the union • Prepare members for a realistic bargaining outcome • Rally members over a bargaining issue • To show management the union’s strength MGMT 523 – Chapter 9

  11. Potential Employer Strike or Lockout Costs • Lost sales revenue • Loss of customers/market share • Negative publicity • Damage to bargaining relationship • Non-bargaining unit employee payroll costs • Replacement workers costs • Shutdown and start-up costs • Legal fees MGMT 523 – Chapter 9

  12. Potential Union/Employee Strike or Lockout Costs • Loss of union members • Loss of wage income or employee benefits coverage • Loss of union dues revenue • Cost of strike benefits provided • Costs of operating a strike MGMT 523 – Chapter 9

  13. Reinstatement Rights of Strikers • Unfair Labor Practice Strikers • Can be temporarily but not permanently replaced • Are not eligible for back pay lost due to the strike unless their lost wages were directly due to the ULP • Economic Strikers • Can be temporarily or permanently replaced • Can return to work during the strike after making an unconditional request for reinstatement MGMT 523 – Chapter 9

  14. Unlawful Strike Misconduct • Acts of violence directed at managers, co-workers, customers, suppliers, or the general public • Intentional destruction of private property • Verbal threats intended to intimidate or coerce an individual in the exercise of his or her lawful rights MGMT 523 – Chapter 9

  15. Labor Peace Free Flow of Commerce Public Interests First AmendmentFree Speech Rights of Picketing Strikers Employer Property Rights Balancing the Rights of Picketing Strikers MGMT 523 – Chapter 9

  16. National Emergency Dispute Resolution Procedures • National Emergency Strikes • Strikes that threaten to have an adverse effect on the national interest • Federal Methods for Responding to National Emergency Strikes • Presidential seizure or other intervention • Procedures outlined under the Railway Act • Procedures outlined in the LMRA MGMT 523 – Chapter 9

More Related