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CHAPTER 8.iMPASSES,STRIKES AND DISPUTE RESOLUTIONS. There are different options for resolving collective bargaining disputes.An impasse occurs when labor and management negotiations fails to have mutually
CHAPTER 8.iMPASSES,STRIKES AND DISPUTE RESOLUTIONS. There are different options for resolving collective bargaining disputes.An impasse occurs when labor and management negotiations fails to have mutually acceptable terms and conditions of employment. Failure to arrive at acceptable terms can lead to strikes,lockouts and other pressure tactics.Some dispute resolution methods can be applied before an impasse, such as mediation and arbitration. There are two categories of disputes in labor relations: interest dispute and rights disputes. Interest disputes relates to conflict of interests, for example higher wages are in the interest of employees while lower wages are in the interest of employers, another example is seniority based lay-offs or merit based lay-offs.employees favor seniority based lay-off while employers interest is on merit based lay- off.Another employees interest is broad union input into managerial issues while management and employer interest is on strict management rights to conduct business without interference.These are all conflict of interests between management and employees and their unions. Rights issues are over violations of employee rights or management rights. These rights are in the contracts, however, they are subject to interpretation.Rights issues are grievances and conflicts over the application and interpretation of a contract. Employees go on strike when and refuses to work when employer refuses to change its position on one or more issues.A strike is a protest expression dissatisfaction, it is sometimes used to enhance labor bargaining power.Strikes can be costly to employers and government as well as employees. There are different types of strikes, such as economic strike,lockout strikes,unfair labor practice strike and recognition strikes.Some strikes are protected by section 7 of NLRA. SEE PAGE 276.SEE TABLE 8-1 for the different types of strikes For national emergency strikes, lockouts and picketing SEE PAGES 278-279.Courts decisions at times favors strikes and other times were against strikes. Courts have ruled that it is legal to have employees do the work of strcking workers during an economic strikeReplacing stricking workers with replacements is considered unfair labor practice. The courts ruled at one time that employers can hire permanent strike replacement. MACKAY DOCTRINE AND STRIKE REPLACEMENT PAGE 282IABOR IS OPPOSED TO MACKAY DOCTRINE. There are different types of work stopages.SEE TABLE 8--3. Other pressure tactics includesboycotts, work slowdowns, corporate campaigns and brand attacks, PAGE 285-289 Strikes, boycotts etc can be very costly to employees and employers. It is important to be proactive in labor relations dispute resolutions A common mechanism is third party labor relations dispute resolution. This involves the use of neutral third part to settle bargaining impassesThree types of third party dispute resolutions are:mediation,arbitration and fact finding.PAGE 289-296 QUESTIONS; 1 Discuss the different types of strikes 2 Discuss the different types of third party dispute resolution
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