dr in employment relations (adm4878)-- ppp

8/2/2019 DR in Employment Relations (ADM4878)-- Ppp

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ADM4878

Dispute Resolution

in Employment

Relations


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Dispute Resolution in

Employment Relations Three key conclusions about workplace

conflicts

1. Conflict is pervasive

2. Most conflicts are mixed-motive

3. Conflict can be constructive or destructive


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Unionized Workplaces

Mediation

A voluntary process

No authority to impose a settlement

Either party can stop it

Its contribution - modest


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Fact- finding

A mix of mediation and arbitration

Hearing and written reports

Parties free to accept, reject or modify

Also called mediation in writing or advisory

arbitration


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Conciliation

Compulsory in many Canadian jurisdictions

Two types

Conciliator and conciliation board

Two effects

Cooling-off Heating-up


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Strikes

Causes of Strikes

1. Management Indifference

dont care about workers complaints

2. Frustration-Aggression

alienation, dissatisfaction

1. Economic Factorsbusiness cycle theory


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Strike Measures

Frequency

Size

Volume

Legality

Strike Impact


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Microeconomic Effects

Struck Firm

Other Firms

Striking Workers

Consumers

Communities


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Economic Approach :

Microeconomic Effects

Actual Occurrence No Occurrence

Anticipation

No

Anticipation


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Macroeconomic Effects

Investment

Unemployment

Inflation

Stock Market

National Income


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Interest Arbitration

Voluntary vs. compulsory

Approach

Split-the-difference

Effects

Chilling effect Narcotic effect


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Final-offer-selection

A variation of interest arbitration

Can be by (a) package, or (b) items

Creates uncertainty

Encourages negotiation


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Grievance and Arbitration

Grievance a reactive voice

Grievance Types Individual Grievance

Group/Policy Grievance


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Grievance Dispute Resolution

related to employee rights

Features of Grievance Procedure

Contract

Written processing

Ascending steps Arbitration as the final step


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Factors Affecting Grievance

Rates Grievers characteristics

Age, education, sex, absenteeism, loyalty

Management characteristics Performance standards, monitoring, grievance

policy

Union factors Union policy, union leadership, shop stewards


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Grievance Dispute Resolution

1-25% of the grievances go to arbitration

Arbitration Process Hearing

Evidence

Decision


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Grievance Arbitration

Grounds for Review of an Arbitration

Award

1. Exceeded jurisdiction

2. Violation of natural justice

3. Showed bias or prejudice

4. Made an error on the face of the agreement


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Grievance Mediation

Cooling-off period

Decision is still with the disputants

A new and voluntary step

Mediation conference vs. arbitration hearing

Time and satisfaction Its role in the new economy


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Dispute Resolution in Nonunion

Workplaces Varieties of nonunion workplaces

Variations in dispute resolution methods

ADR -- appropriate dispute resolution

Many use

mediation and arbitration


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Workplaces Listening

Most cost effective

Supervisors need to be trained

Ombudsperson

Informal

Early neutral evaluation


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Workplaces Formal Mediation

Mediator helps

Disputants find solution on their own

Arbitration

The US Supreme Court Case of 1991

Widespread use since then

dr in employment relations (adm4878)-- ppp

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