Examine the Options Available to Workers and Trade Unions for Building More Effective Outcomes

Labor and Union Studies

Critically examine the options available to workers and trade unions for building more effective outcomes

Critical Examination of Options for Effective Outcomes

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

Collective Bargaining

Arbitration Process

Collective Bargaining Advantages

Dialogue: Key Negotiation Tool

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

There are several processes that are utilized in successful resolution of disputes which arise between management and workers who belong to trade unions. Today's processes are more diverse and varied reflecting the workforce profile of today's world. Arbitration, Collective Bargaining as well as resolution through skillfully structure dialogue are discussed in this work. Collective Bargaining is stated to be more effect than arbitration. However, a new form of adaptive and family/worker/company all-accommodating solutions are seen emerging in companies throughout the world.

Labor and Union Studies

Critical Examination of Options for Effective Outcomes

Statement of Thesis:

The purpose of this work is to critically examine the options which are available to workers and trade unions for building more effective outcomes.

Introduction:

In existence are many ideas rendering defining characteristics of processes that ensure effective outcomes in disputes taking place between workers and trade union. Dispute resolution has many new elements within the framework of resolution processes inclusive of adaptations to the new diversification expressed in the global workforce.

One of these tools is the traditional "arbitration process" and as well "collective bargaining" and other adaptive processes in dispute resolution.

I. Collective Bargaining

Collective bargaining is a resolution process stated to be:

"Specifically an industrial relations mechanism or tool, and is an aspect of negotiation applicable to the employment relationship. As a process the two are in essence the same, and the principles applicable to negotiations are relevant to collective bargaining as well."

The difference in collective bargaining and negotiations are that collective bargaining is in the interest and for the benefits of several employees, and is a process demanding that "certain essential conditions need to be satisfied"

Since collective bargaining is a process occurring parallel to the day-to-day working with and near each other this type of negotiation "ultimately motivates the parties to resolve the specific issues."

The proximity of the parties as well as the continuing working relationship characterizes the difference between collective bargaining. Collective Bargaining has been defined as:

"Voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by collective agreements." (ILIO Right to Organize and Collective Bargaining Convention (No. 98) 1949

Formulation of a strategy for all negotiation stages including that of the "pre-negotiation stage must be addressed. Pre-negotiation strategy should address the following elements:

"How much to offer while leaving room for further negotiation if the offer fails. The offer should be sufficiently attractive so as not to lead to a breakdown in negotiations."

"How to link one's requirements to the concessions one makes."

Important Elements in Successful Negotiation:

Observance of Agreements

Support of Labor Administration Authorities

Good Faith

Proper Internal Communication

II. Arbitration Process

Arbitration is precisely as it sounds and is indeed an "arbitrary" which is defined by Webster's Dictionary

as follows:

1

Depending on individual discretion (as of a judge) and not fixed by law the manner of punishment is arbitrary

2

A. Not restrained or limited in the exercise of power ruling by absolute authority an arbitrary government

B. Marked by or resulting from the unrestrained and often tyrannical exercise of power protection from arbitrary arrest and detention.

III. Collective Bargaining: Advantages

Collective bargaining is believed to be more advantageous for settlement and such communication to be accomplished through use of dialogue and consensus instead of the generally used "conflict and confrontation" arbitration which relies on a third party opinion in decisions. Collective bargaining is a process inclusive of the representation of the choice, compromise or agreement of the parties directly involved. Collective bargaining seeks a solution agreeable to all involved where as arbitration of the dispute is a situation in which one side wins and the other loses. Instead of the old adage of agreeing to disagree, the two sides of the dispute have agreed that they are in a disagreement that contains an agreed upon method for resolution of that disagreement. Participation of both representative sides to the dispute in the "rule" formation process. Social partnership is the vied held by those who validate collective bargaining as being superior in resolution of disputes. The added benefits of collective bargaining is said to be "generation of trust" through "successful and bona fide dealings."

IV. Dialogue as the Key Negotiation Tool:

William Brock, U.S. Secretary of Labor during the period of 1985 to 1987 stated that:

'The only way American business is going to be competitive is by having a more skilled workforce and changing the way they organize work to take advantage of those skills and to make workers more productive."

In the instance related in the work entitled "Work/Family Reconciliation: What Trade Unions are Doing" the U.S Corporation and two unions are stated to have: "Gone beyond their traditional role of negotiating wages and working conditions in adversarial collective bargaining. The unions have expressed the worker's needs and concerns to the company in an ongoing dialogue, the company and unions have reached a series of mutual decisions that have protected union members' jobs and reorganized their work in a way that increases worker and customer satisfaction and that benefits the firm"

Policy options focused in compelling and propelling the U.S. economical framework along the "high-productivity, high-skill path toward competitiveness in the international economical structure based on workforce "skills and flexibility." [Summary and Policy: Pulling Together for Productivity: A Union-Management Initiative at U.S. West, Inc. The following are those policy option areas:

1. Policies promoting both skill and technological knowledge

2. Policies that gave discouragement toward low-wage strategies;

3. Policies fostering worker commitment as well as participation.

This method promotes higher wage, higher skill, and high productivity in statistical data.

Summary and Conclusion:

Where following the process of arbitration, collective bargaining, or the very successful third suggestion of dialogue, the key to success seems to lie within the proximity of skillfully structured communication efforts of the individuals appointed to handling the dispute.

Bibliography:

De Silva, Sriyan (1996) Collective Bargaining Negotiations: Conditions for Successful Collective Bargaining. International Labour Organisation ACT/EMP Publications located [Online] available at: http://www.ilo.org/public/engl ish/dialogue/actemp/p apers/1998/s rscbarg.htm#CD (accessed 19, Jan 2005)

Work/Family Reconciliation: What Trade Unions are Doing. Located [Online: http://64.233.161.104 / search?q=cache:1qGkICv2G 4UJ:www.ilo.or g/public/eng lish/protection/condtrav/pdf/infosheets/wf-8.pdf+Options:+Workers+and+trad e+union+negotiation+options& hl=en& ie=UTF-8]