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Collective Bargaining Dispute

Locate an article describing a collective bargaining situation that has arisen within the past two years. This article should be from a newspaper, an academic journal, or a credible online news source. Use a minimum of two additional references to support your discussion and to respond to the questions in the assignment.

a. Using APA guidelines, state the proper citation for the article.

b. State the nature of the collective bargaining dispute.

c. What are the underlying causes of the dispute?

d. What economic or ethical pressures has each side attempted to use to prevail in the dispute?

e. If there is any evidence of any illegal or unethical conduct on either side, describe it in detail.

f. Was the dispute resolved? If so, how?

g. What, if any, role was played by third parties in resolving this bargaining dispute? What was the identity of the third party?

h. In retrospect, could this dispute have been resolved in a more constructive fashion? If so, how?

Collective Bargaining Dispute

Ireland, A. L. (2012). Notification of Employee Rights Under the National Labor Relations         Act: A Turning Point for the National Labor Relations Board. Nev. LJ,13, 937.

From the employer labor relations blog, there is a recent case by the employer contesting the National labor relations board decision in Finely hospital for a collective bargaining agreement of increasing workers wage to bind even after expiry of the contract.  The decision was made in the year 2012 but saw the employer appeal against it in June this year which resulted in a dispute. The point of conflict is a salary dispute between the employer and the employees.

Causes of the dispute

A board decision to have the employer continue adhering to the wage increase collective bargaining agreement is the cause of the dispute. The employer is not willing to implement the provisions of the agreement after expiry of the contract. The employer feels compelled to encounter extra cost outside the contract. On the other hand, the board feels that the employer should continue observing the provisions. However, the choice of words used in the contract is not strong enough to compel the employer as the board did not clearly outline the guidelines for contract expiry as Rahim (2015) points out. After the Supreme Court returned the case decision to the board, the board has affirmed the decision previously agreed on the contract. Discontentment of the employer by the demands of the board led to a petition.

Economic, ethical pressures

Both the employer and the employees’ side are applying several economic and ethical pressures to ensure that their grievances are taken into account. The board argues from the point that employees welfare need to be taken care of so as they can offer quality services. The board goes ahead to point out that the 3% annual wage increase was a motivation to ensure improved services from the employees. On the other hand, the employer argues from the point of sustainability of the provisions of the contract. The employer is concerned with how the organization will sustain the contractual obligations in long-term. The sole responsibility of an organization remains sustainability to ensure continued operations. As a result of this, the employer has the ethical pressure to ensure the organization sustainability and ability to absorb other employees in future. The employer feels that such contractual obligations may affect the financial viability of the organization as Hayter (2011) postulates.

The board feels that it is ethical for any employee to be entitled to good pay, and the employer should be compelled to maintain the status quo of their workforce.

A case of illegal or unethical conduct on either side

There is a case of illegal conduct from one side in this collective bargaining dispute. As the Supreme Court acknowledges, the president’s recess appointment of members to the national labor relation board was unconstitutional. The court also found out that two members who had been appointed to the board did not meet the constitutional threshold, thus making it illegal.

Solution

The dispute was not resolved because the board upheld the decision which the employer was contesting.

Role of a third party involved

The Supreme Court is the third party in this dispute. It played a role in determining the constitutionality of the national labor relations board.

A constructive way to solve the dispute

To resolve the dispute amicably the board should have considered the employer’s grievances and understand the reasons for contesting a continued contractual obligation as explained by Anstey, Grogan, Brand, Ngcukaitobi and Bruyn (2011). Understanding the grievances of both parties involved in a dispute is essential to resolving it. Taking into consideration sustainability concerns from the employer and employee’s welfare concern from the board would have helped in arriving at a more sustainable way of solving the dispute. According to Ireland (2012), this could be done by reducing the percentage rise in wages annually or making the intervals at which the wages increased longer than a year.

 

 

References

Anstey, M., Grogan, J., Brand, J., Ngcukaitobi, T. & Bruyn, A. (2011). Collective bargaining      in the workplace. Claremont, South Africa: Juta.

Hayter, S. (2011). The Role of Collective Bargaining in the Global Economy Negotiating for           Social Justice. Cheltenham: Edward Elgar Pub.

Ireland, A. L. (2012). Notification of Employee Rights Under the National Labor Relations         Act: A Turning Point for the National Labor Relations Board. Nev. LJ,13, 937.

Rahim, M. A. (2015). Managing conflict in organizations. Transaction Publishers.

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