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Dispute Resolution

Dispute Resolution. Group 7 Adam, Bret, Matt, Angie, Kyle, & Jake Group 8 Ashley, Cindy, Damien, Mark, Jill, Erik, & Brandon. Third-Party Involvement. Mediation Fact-Finding Arbitration. Mediation. Neutral third party provides assistance in reaching agreement

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Dispute Resolution

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  1. DisputeResolution Group 7 Adam, Bret, Matt, Angie, Kyle, & Jake Group 8 Ashley, Cindy, Damien, Mark, Jill, Erik, & Brandon

  2. Third-Party Involvement • Mediation • Fact-Finding • Arbitration

  3. Mediation • Neutral third party provides assistance in reaching agreement • Mediator is always a go-between • Mediator provides leadership – making position on issue clear • Does not have authority to insist on position or make concession

  4. Mediation • Communicates assessments • Likeliness of strike • Possible settlement packages available

  5. Mediation • Mediators available to employers and unions • U.S. Federal Mediation and Conciliation Service (FMCS) • State conciliation services • Private third-party

  6. Fact-Finding • Neutral third party appointed in certain situations • Studies issues • Makes public recommendation of reasonable settlement

  7. Arbitration • Neutral third party may decide and dictate settlement terms • Most definitive type of intervention • Unlike mediation and fact-finding, can guarantee solution to impasse • Voluntary or compulsory (imposed by government agency)

  8. Arbitration • Binding Arbitration • Both parties committed to accepting arbitrator’s award • Nonbinding Arbitration • Both parties NOT committed to accepting arbitrator’s award

  9. Strikes • Withdrawal of labor • Often avoidable – result of mistake during bargaining process • Discrepancies between union leaders’ and members’ expectations • Misperceptions about each side’s bargaining goals

  10. Strikes • Economic Strike • Results from failure to agree on terms of a contract • Unfair Labor Practice Strike • To protest illegal conduct by employer • Wildcat Strike • Unauthorized strike occurring during contract term • Sympathy Strike • One union strikes in support of another union strike

  11. Picketing • One of first activities occurring during a strike • Informs public about existence of labor dispute • Encourages others to refrain from doing business with the employer against whom employees are striking

  12. How should employer respond to strikes? • Shut down affected area and halt operation until strike is over • Contract out work during duration of strike • Continue with business as usual with other non-striking employees filling in where possible

  13. How should employer respond to strikes? • If Economic Strike replacements can be deemed permanent, employers would not have to make room for strikers who decide to return to work • If Unfair Labor Practice Strike, strikers are entitled to return to their jobs if employer makes an offer for them to do so

  14. QUESTIONS

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