Labor Relations Paper
Human Resources Management
January 9, 2009
Labor Relations Paper
Unions may reduce a business's flexibility and economic performance, which are a proposition collected from the agreement of other previous propositions, from the suffering of other individuals who were endured in the past. It took time before unions were develop and as people started working for unions in different types of companies, competent in protecting their rights and that their employers would not treat them maliciously or unjustly. Although the right to collective bargaining took nearly 200 years in the United States, collective ...view middle of the document...
If the employee does not stand up for his rights, the employer can succeed in undermining the contracts.
A strike is a collective choice of the members of the union not to work awaiting certain demands or conditions are met. The union member vote, and if the majority favors a strike, all union members go on strike at that time or when union leaders believe the time is right. Strikes are normally accompanied by picketing - the union places members close to the workplace with signs representing the union is on strike (Kearney, 2007). Union members do not receive pay from their employer during the strike, but the union might be capable to make up for some of the lost pay. If the employer cannot hire substitute employees during the strike, the employer loses production.
To avoid a strike or lockout (refusing to let employees work) and to handle grievances by either side, collective bargainers sometimes agree to use neutral third parties, called mediators, from the Federal Mediation and Conciliation Service. A mediator is someone will be neutral parties that will help settle disagreements during negotiations. In which cases where management and labor are not willing to be a team but do not want to call a strike or lockout, they may call in an arbitrator. An arbitrator is different from a mediator in that the arbitrator makes a binding decision for management and labor. The arbitrator's decision must be followed. The service of an arbitrator is more commonly used to settle grievances than to deal with impasses in collective bargaining (Arbitration Act, 1996).
The two types of arbitrators are labor arbitration and employee arbitration, which are very different. Labor arbitration is a process involving two equals. The union and the employee both choose and compensate the arbitrator. Both sides use qualified advocates who understand the process and the facts of a particular case. Employment arbitration pits an unaware individual against the resources of a business. Labor arbitrators tend to have some stability in their decisions because they know that both sides have to trust their impartiality if they are to be chosen to arbitrate (Arbitration Act, 1996). In employment arbitration, the employer will most likely pay all expenses of arbitration.
When dealing with a grievance, individuals are required to be familiar with the process and apply the procedure correctly. Grievances must be dealt with sensitively, particularly in which they concern other employees. One might desire to develop specific procedures for extremely sensitive matters concerning inequitable treatment such as discrimination, bullying, or harassment. Additionally, one may wish to develop a separate "whistle blowing" procedure. By doing so, employees are encouraged to raise any complaints about misconduct such as fraud, internally rather than disclosing them outside to organization. By dealing with problems in a fair and realistic...