tailieunhanh - Lecture An introduction to collective bargaining and industrial relations (4e) – Chapter 9: Dispute resolution procedures

Chapter 9 - Dispute resolution procedures. The main contents of the chapter consist of the following: Mediation, fact-finding, interest arbitration, nontraditional dispute resolution, key organizations and agencies involved in impasse resolution. | Chapter 9 Dispute Resolution Procedures McGraw Hill Irwin An Introduction to Collective Bargaining amp Industrial Relations 4e Copyright 2008 The McGraw Hill Companies Inc. All rights reserved. 1 3 9 3 Mediation Mediation is the most widely used yet most informal type of third party intervention In mediation a neutral party assists the union and management negotiators in reaching an agreement A mediator has no power to impose a settlement but rather acts as a facilitator They must rely on persuasion and communications skills 1 4 9 4 The Federal Mediation and Conciliation Service The NLRA requires that the party proposing changes in a contract must notify the Federal Mediation and Conciliation Service FMCS at least 30 days before the start of a strike The law does not require the parties to use mediation if they reach an impasse 15 20 of all cases in which 30 day strike notices were filed involved some informal by telephone type of mediation and 8 10 involved formal mediation The Railway Labor Act requires mediation prior to impasse 1 5 9 5 Mediation in the Public Sector Mediation is more commonly used in the public sector than in the private sector Almost all state statutes call for mediation as the first phase of impasse resolution for government employees In NY state about 30 of all public negotiations reached an impasse and required mediation 1 6 9 6 The Kinds of Disputes That Can Be Settled by Mediation Disputes that arise from poor communications and misunderstandings and lack of experience of the negotiators can benefit from mediation Disputes that arise from intraorganizational conflicts are difficult to resolve The less the mediator becomes involved in trying to mediate within one of the parties the more likely he she is to be accepted by both parties 1 7 9 7 What Mediators Do The ultimate objective is to help the parties reach a settlement Progress is measured by narrowing the differences and not necessarily by reaching full agreement on each issue .