The issue of continuity of operations is an example. Kaiser could have stated this as a position - no strikes. However, their interest is not "no strikes" but rather a continuity of operations. The union could have responded to a position of "no strikes" by finding other means of protest, or by taking offense to the suggestion that they surrender one of their core rights. Rather, the union expressed their own interest and the two sides were able to agree on a framework whereby these key interests of both sides were met.
3) Kaiser's had a couple of key entering and exiting points. The first key entering point was when adoption of the initial proposal from DeCicco. The next was the creation of the framework for differentiating national and local issues. In the case of the former, the step was key because it recognized that not only did they have…...
mla
Works Cited
Levanthal, Leib. (2006). Implementing Internet-Based Negotiation: Conditions for Success with Evidence from Kaiser Permanente. Dispute Resolution Journal. New York. 61, 3, pp50-57.
(Hanley, December, 5, 2001, p. D5) (Hanley, December, 8, 2001, p. D 1) Mediation is in fact not a last resort, even though it often seems so in public representations of these sorts of conflicts, it is actually a rather effective and logical step in a chain of reconciliation.
One long time teacher mentioned to the reporter covering the strike that in all the time she had been a teacher there had never been a peaceful resolution to contract negotiations. (Hanley, December 6, 2001, p. D1) Understanding the full scope of the problem is unlikely as few people understand what it is like to go to work in limbo, as teachers frequently do. They frequently go to work not knowing if and what or sometimes even when they will receive a paycheck. Many mistakes were made on both sides of this bargaining table. The first of which was timing.
The bargaining…...
mla
Bibliography
Hanley, R. Judge Jails 43 More as Teachers Defy an Order. The New York Times, December, 5, 2001, p. D5
Hanley, R. Teachers' Strike Grows Angrier, but Support of Residents Is Elusive. The New York Times, December 6, 2001, p. D1
Hanley, R. Strike Ends Without Deal for Teachers. The New York Times, December, 8, 2001, p. D1
Europe in the early 20th century was experiencing unprecedented change. The country was in the midst of technological revolution that was second only to the United States. The country was also flourishing due to intellectual capital being spread throughout the region. The industrial revolution was beginning to set root within the economy. New industries and methods of transportation arose from the industrial revolution. Trade was expanding as goods were able to be shipped more seamlessly than ever before. The overall economy also experience long periods of over 5% GDP growth through the early 20th century. Unfortunately, even with this great amount of prosperity, conflicts still arose. In particular, 1914 was a period of strong international conflicts between rival nations. In 1914 war broke out that would threaten citizens of Europe, the Middle East, Africa, and the Americas (Fromkin, pg. 5). In many instances, it was the economic prosperity of the…...
mla
References:
1) Fromkin, David. Europe's Last Summer. Who started the Great War of 1914? (2004)
Negotiation is a critical component of human communications. Even the most mundane interactions we have in our daily lives can involve negotiation, such as where to eat dinner and what to order. Usually in these simple situations we do not think about the strategies of negotiation because the outcomes are relatively unimportant. Yet when it comes to higher stakes negotiation, it becomes important to recognize the various types of strategies that can be used, to choose strategies that are generally more effective and can create win-win results.
Distributive negotiation does not tend to create results of maximum benefit to all parties. What distributive negotiation can do is provide the semblance of fairness through the principle of equal distribution. Distributive negotiation lives up to its name because it typically entails taking a mutually desired outcome and dividing it among stakeholder parties. Sometimes, distributive justice can seem like it results in a lose-lose…...
Collective bargaining is made up of negotiations between an employer and a group of workers that decide the conditions of employment. Frequently workers are represented in the bargaining by a union or other labor association. The outcome of collective bargaining procedure comes in the form of a collective bargaining agreement (CBA). Collective agreements may be in the shape of procedural agreements or substantive agreements. Procedural agreements have to do with the association between workers and management and the procedures to be put into place for settling individual or group disagreements. This generally includes procedures in regards to individual grievances, disputes and discipline. Commonly, procedural agreements are put into the businesses rule book which supplies information as to the general terms and conditions of employment and rules of behavior that apply (Collective Bargaining Process, 2007).
For many months, the Department of Education, Board of Education, and the State of Hawaii underwent…...
Integrative and Distributive Bargaining.
Integrative bargaining. When the parties in negotiation are not in direct conflict and both can potentially benefit from good faith bargaining, an interest-based, or integrative form of bargaining can often lead to good outcomes. The basis for integrative bargaining is that each party willingly seeks to understand the presenting issues from the perspective of the other party. In this way, emerging interests are identified and acknowledged, and the negotiation takes on a decidedly win-win flavor. The goal of integrative bargaining is that both parties will achieve benefits in the form of their interests being met, and both parties will attain a better understanding of the challenges and objectives of their negotiating partners, The key to making integrative bargaining work is to ensure that at least one party understands how to "enlist the other in a mutual discovery of interests" (Honeyman, 2010). Until and unless this happens,…...
mla
References
Fisher, R. & Ury, W. (1983). Getting to Yes. New York, NY: Penguin Books.
Fox, L., Carta, J., Strain, P., & Dunlap, Glen. (2009, June). Response to intervention and the Pyramid Model. Tampa, Florida: University of South Florida, Technical Assistance Center on Social Emotional Intervention for Young Children. Retrieved http://www.challengingbehavior.org/do/resources/documents/rti_pyramid_web.pdf
Honeyman, C. (2010). Integrative bargaining. Distributive bargaining. CR Info. [Website]. Broad Field Project, The Conflict Resolution Information Source, [formerly Conflict Research Consortium], University of Colorado. Retrieved http://www.crinfo.org/
As a result, financial planners need to advise clients who receive these payments and make large cash investments to do so as soon as possible. The study concluded that dollar-cost averaging would be unlikely to topple the superior results of lump-sum investing at this time (Williams and acon).
Profit-sharing allows employees to earn bonuses according to company performance (GoSmalliz 2008). A certain percentage is set aside by the firm and paid to the employees if certain annual profit goals are met or exceeded. onuses are paid in cash or as a contribution to the retirement fund, or else partly in cash and partly as contribution to the retirement fund. The advantage for employees is that they share in the company's profits. The disadvantage is that they receive the share even if their performance does not improve or they do not receive it even if their performance improves (GoSmalliz 2008).
In other words, the contemporary environment and push towards accontability and increased test scores has ensured that labor-management relations must also imrove. While unions must perform the function they were engendered -- to promote the best interests of the teachers whom they represent. Therein, though, lies a conundrum -- with greater transparency between administrators and teachers is essential in modern times, and both sides need a broader social and political process if anything is going to be done, the simple fact remains -- the reason for the school system is the education of our future leaders. Fairness must exist on all ends -- and often times it does seem like the teacher contingent is asked to give up more than the administrative side.
Still, what the authors seem to be saying is that teacher unions have, over the past few decades the atmosphere has professionalized to the point that collective…...
It would be in the best interest of everyone if the union and the employer would work together (Johnson & Donaldson, 2006). When these two sides work together and in good faith, much more is accomplished in the way of helping teachers be successful and ensuring that the most qualified teachers remain in the classrooms. Otherwise, some of the best teachers move on because they are able to get what they want and need elsewhere (Pynes & Lafferty, 1993). Even in a tight economy, there is a need for teachers in many school systems. Why should they remain where they are not appreciated, when there are other unions and other employers who will clearly take better care of them?
The duty to bargain is highly significant. When an employer hires union employees, he or she should realize that there will be negotiations with that union at some point in the…...
mla
References
Defillippo, D. (2009). Edison PBA wins work schedule dispute. New Jersey COPS, p. 25.
Johnson, S.M., & Donaldson, M.L. (2006). The effect of teacher collective bargaining on teacher quality. Collective bargaining in education: negotiating change in today's schools. MA: Harvard Education Press. p. 110-140.
Kearney, R.C. (2001). Labor relations in the public sector. 3rd Ed. NY: Marcel Dekker, Inc.
Pynes, J.E. & Lafferty, J.M, (1993). Public employers' obligation to negotiate. Local government labor relations: A guide for public administrators. NY: Quorum Books. p. 107-144.
Paul E. Pynes and Joan M. Lafferty assess the issue of labor relations and unions from a different stand -- that of the safety concerns. The two authors found out that most of the labor unions request some sort of membership fee and that the explanation forwarded by the unions to explain these fees is represented by the fact that they require financial resources to efficiently address the needs of the individuals they represent.
Pynes and Lafferty took a rather distant approach of the topic and focused on the objective presentation of the various types and contracts of union security provisions. These included the closed shops -- which are the most rigid type of union security in the private sector --, the union shop, the agency shop, the fair share arrangement and the maintenance of membership (highly rare). Aside from the actual forms of union security provisions, the two authors also…...
Goldhaber, D., Are teachers' unions good for students, quoted in Collective bargaining in education by Jane Hannaway and Andrew J. Rotherham, Harvard Educational Press
Purpose of Interest Based Bargaining
The collective bargaining process is hardly ever dull or unexciting. Every now and then, there is significant tension as one of the participating parties or the other comes to the realization that it will fail to reach the expectations of its constituents. From time to time, there is significant eagerness and passion as resourceful options emanate with the potential to render mutual gains. In different occasions, apparently negligible or routine issues of contract terminology or working state of affairs have the potential to be fiery and tense on the basis of how they are addressed (Kochan and Lipsky, 2003). Interest based bargaining is founded on the ascertainment and determination of mutual interests instead of the resolution of specific bargaining demands. Interest based bargaining can be delineated as a process of solving problems that is conducted in a moral manner that generates efficacious solutions and at the…...
Union Presidents
Collective Bargaining - Labor relations Topic: explain duties national union president executive board members Essay Question: List explain duties national union president executive board members, illustrate remuneration considered "fair compensation" compared CEO-counterpart U.
List and explain the various duties of the national union president and executive board members, and illustrate how their remuneration is not always considered "fair compensation" as compared with their CEO-counterpart in the U.S. corporations.
The national union president administers the union constitution and enforces the union's official policies (Sloane & Witney 2010: 167). Union presidents act as the public voice of the organization, appearing as public speakers at union conventions and before the public. They also testify before congressional committees on pertinent issues. They may act as advocates for unionization in non-union shops, strive to protect pro-union policies and laws and deal with management when contentious issues arise such as wildcat strikes or closed shop policies. The…...
mla
Reference
Epstein, J. (2011). Union presidents make six figures. Politico. Retrieved from:
Realm of Legal Negotiation
DISTRIBUTIVE VS. INTEGRATIVE
Negotiation involves a dialogue of two or more parties or people with the intention to reach a favorable outcome. This favorable result can be for just one party or both parties involved. The integrative approach to negotiation tries to expand the "pie" to make sure everyone gets something. However, the distributive approach ensures one side "wins" and the other, "loses." The legal landscape of practicing lawyers today asks for a further analysis of what is effective and what is not. Meaning, the distributive method greatly outweighs the integrative method in terms of its utilization in lawyer-to-lawyer negotiations because of how it can be used to help one side get what it wants. That is what lawyers do, they try to get the best outcome for their client, not for both parties involved.
Negotiation is a difficult activity to learn and master. ADR or alternative dispute…...
Why U.S. Criminal Courts Are So Dependent on Plea Bargaining?Despite increasingly aggressive efforts to reform existing draconian sentencing law in recent years, the United States still incarcerates more of its citizens than any other country today (Kann, 2019). This alarming trend indicates that the nations state and federal courts have been kept very busy indeed adjudicating hundreds of thousands of individual criminal cases each year. Although some critics of the court system charge that the gears of justice grind far too slowly, it is clear that even this level of speedy justice would not be possible without plea bargaining. Indeed, the vast majority of the criminal cases in the United States are settled through plea bargaining agreements each year (American Civil Liberties Union, & Trivedi, 2020) and it is reasonable to posit that the gears of justice would essentially grind to a halt otherwise, especially at the federal level. These…...
mla
ReferencesAmerican Civil Liberties Union, & Trivedi, S. (2020). ACLU News & Commentary: American Civil Liberties Union. Retrieved from law dictionary. (1990). St. Paul, MN: West Publishing Company.Editor in Chief. (2018). 15 Serious Advantages and Disadvantages of Plea Bargaining. ConnectUS. Retrieved from https://connectusfund.org/15-serious-advantages-and-disadvantages-of-plea-bargaining .Falk, G. (2010). The American criminal justice system: How it works, how it doesn\\\\\\\\\\\\\\\'t, and how to fix it. Santa Barbara, CA: Praeger.Fischer, G. (2009, March). Plea bargaining\\\\\\\\\\\\\\\'s triumph. The Yale Law Journal, 109(5), 855-857.Kann, D. (2019, April 23). Five facts behind America’s high incarceration rate. CNN. Retrieved from https://www.cnn.com/2018/06/28/us/mass-incarceration-five-key-facts/index.html .Ortman, W. (2020, September). When plea bargaining became normal. Boston University Law Review, 100(4), 1435-1443.Plea bargaining and its effect on the Sixth Amendment. (2018). Cause of Action Institute. Retrieved from https://causeofaction.org/plea-bargaining-effect-sixth-amendment/ .Plea bargains. (n.d.). Justia. Retrieved from https://www.justia.com/criminal/plea-bargains/ .Santobello v. New York (1971). 404 U.S. 257, 260, 92 S.Ct. 495, 498, 30 L.Ed.2d 427.Simplicity as equality in criminal procedure. (2007, April). Harvard Law Review, 120(6), 1585-1590.Slobogin, C. (2016, March). Plea bargaining and the substantive and procedural goals of criminal justice: From retribution and adversarialism to preventive justice and hybrid-inquisitorialism. William and Mary Law Review, 57(4), 1505-1511.State court caseload statistics. (2019). U.S. Bureau of Justice Statistics. Retrieved from http://www. bjs.gov/index.cfm?ty=tp&tid=30.Vogel, M. E. (1999, January 1). The social origins of plea bargaining: Conflict and the law in the process of state formation, 1830-1860. Law & Society Review, 33(1), 161-165.Walsh, D. (2017). How criminal-justice reformers want to change plea bargaining. The Atlantic. Retrieved from https://www.theatlantic.com/politics/archive/2017/05/plea-bargaining-courts-prosecutors/524112/ .https://www.aclu.org/news/criminal-law-reform/coercive-plea-bargaining-has-poisoned-the-criminal-justice-system-its-time-to-suck-the-venom-out/ .Black’s
Abstract
This paper provides a summary of the Illinois Policy Institute’s Bargaining for Better Schools: An Introduction to Collective Bargaining in Illinois Public Education. The policy paper discusses how teachers unions take advantage of the collective bargaining process in Illinois by working with school boards. The school board members are elected thanks in part to the campaign funds provided by the unions. When it comes time to negotiate teachers’ salaries and benefits, the boards are thus in the pockets of the unions, as they feel compelled to reciprocate by giving the unions what they want. Taxpayers are left in the dark about much of this because of the misleading communications provided them by the unions.
Keywords: Illinois public schools, Illinois teacher unions, Illinois collective bargaining
Introduction
This paper examines the Illinois Policy Institute’s (n.d.) Bargaining for Better Schools: An Introduction to Collective Bargaining in Illinois Public Education. It will provide a summary of the…...
The five distributive bargaining methods (recognize the situation, set a reservation price, use bracketing, use common social norms, and learn the role of framing) can be found here: http://www.prenhall.com/behindthebook/0131868667/pdf/CarrellCh03final.pdf
To buy a house, you would use these to first realize that a house purchase is something that is generally open to negotiation. Very few people who sell their homes aren't willing to negotiate the price or other terms. Before you make an offer, determine a price you're willing to pay - and one you will not go above, even by a penny. Then, start with a price (offer) below that amount.....
Sure! Here are some thought-provoking essay topics on due process:
1. The balance between protecting individual rights and ensuring public safety in the context of due process. 2. The role of technology in enhancing or compromising due process rights, such as surveillance and data collection. 3. The impact of systemic bias and discrimination on the fair application of due process in the criminal justice system. 4. The evolving interpretation of due process rights in response to contemporary social and political challenges, such as terrorism or cybercrime. 5. The intersection of due process with other fundamental rights, such as freedom of speech and assembly, in the....
Labor Unions: Uniting Workers for Collective Empowerment
Labor unions have played a pivotal role in shaping the modern workforce, empowering workers to collectively bargain for better working conditions, wages, and benefits. Through their advocacy efforts, unions have been instrumental in establishing crucial labor laws and safeguarding workers' rights. However, their impact extends beyond the economic sphere, fostering a sense of solidarity and community among members and contributing to broader social and political change.
The Historical Role of Labor Unions
The origins of labor unions can be traced back to the early days of industrialization, when workers faced rampant exploitation and unsafe working conditions.....
Impact of the Keurig Green Mountain and Dr Pepper Merger on the Beverage Industry
The merger between Keurig Green Mountain and Dr Pepper Snapple Group (DPS) in 2018 created Keurig Dr Pepper (KDP), a beverage industry titan with a combined market capitalization of over $20 billion. This significant consolidation has had far-reaching implications for the beverage landscape, reshaping competition, distribution channels, and consumer preferences.
Increased Consolidation and Market Share
The merger has led to increased consolidation within the beverage industry. KDP now controls a significant share of the single-serve coffee, soda, and juice markets. This market dominance has given the company a powerful....
Sign Up for Unlimited Study Help
Our semester plans gives you unlimited, unrestricted access to our entire library
of resources —writing tools, guides, example essays, tutorials, class notes, and more.
