Collective bargaining and alternative dispute resolution | My Paper Hub
Identify and explain
1.Identify and explain
Collective Bargaining and Labor Relations.
Collective bargaining is a term that was
coined to define the process of negotiation between the employers, employees
and also the trade unions that such employees are affiliated (Hayter,
It is an industrial relations mechanism used for maintaining the employment
relationship. During the collective bargaining, the union of workers is the one
that holds the collective interest because the negotiations are for the benefit
of several employees. In the case where there is more than one employer, the
mutual interest becomes the feature for the both parties to the bargaining
process. It is a fundamental right for the workers that are rooted in the
International Labor Organization’s (ILO) constitution and is also reaffirmed in
the ILO Declaration on Fundamental Principles and Rights at Work made in 1998 (Hayter,
It is through the collective bargaining that the players that are the
employees, their trade unions and also the employers establish fair wages and
working conditions for all the parties involved. Collective bargaining is the
primary reason why the workers formed unions. It is called collective because
the opinions and also viewpoints of all the parties and the entire group are
considered and results to fairness and equality. Each side has its
representatives that negotiate on behalf of the group. It is also the basis for
sound labor relations.
The labor relations are the ongoing
relationships that exist between employers and union members or other groupings
of employees. It may be demonstrated through the interactions that may be
present between management of a company and the union that represent the employees who work in such a company (John,
2010). It is a sub-area
within the industrial relations. It is also a subarea found within human
resource management. The labor relations in the United States private sector
are regulated by the National Labor Relations Act while the Public sector labor
relations are governed by the Civil Service Reform Act of 1978 in combination
with other state legislations(John, 2010). The labor regulations in other
countries may be regulated through the law or even through traditions held.
It is the way parties solve disputes
without seeing for, litigation and with or without the help of a third party.
The parties that are in a form of disagreement may resolve their issues without
trial or involving the legal processes. The four major processes that ADR may
take include mediation, arbitration, collaborative law, Neutral Evaluation, and
negotiation. The processes are better and also made by individuals because they
are confidential, less stressful and also less formal as compared to the
classical court proceedings (Lynch,
Within organizations, as the employees
interact in their daily undertakings, they are bound to face some forms of
conflicts amongst themselves and hence the need for the Human Resources to use
the Alternative Dispute Resolutions to solve the emerging conflicts (Lynch, 2001). The conflicts may take a variety of
forms ranging from professional or personal differences, differences in values,
inappropriate behaviors and also difficulty in adapting to certain changes.
The first thing that any human resource
would encourage among conflicting individuals is to have a sitting whereby they
hear each other out and engage in fruitful negotiations. By negotiating, the
individuals can speak out and also lay out their grievances amongst themselves,
and this could be made possible by the human resource by allocating such time
and place that offers the parties the confidentiality and openness (Lynch, 2001).
Organizations may use mediation in a
case of individuals that may have proven unsolvable amongst themselves (Lynch, 2001). The organization outsources for a
neutral individual from outside the organization who tries to assist the
conflicting parties to negotiate their settlement. The mediator’s role is to
facilitate mediation between the parties. They may also include their views in
some cases on what might be fair or reasonable regarding the case.
If mediation fails for a particular
conflict, there may be a need for arbitration. The arbitrator needs to be a
2001). The human resource department may
outsource for a neutral person from outside the organization to hear the cases
and also resolve the case by making a decision. The arbitrator may be an
experienced lawyer or even a retired judge. The arbitration may be binding in
that the outcome of the case as is presented by the arbitrator may not be
challenged or may be nonbinding depending on what the parties agree and also on
the organizational policies on such issues.
Some organizations may also have a place
for neutral evaluations whereby a neural individual that may be a professional
to the human resource department or even a neutral external person (Lynch, 2001). The individual needs to be an expert
on the particular matter that is causing conflict, and they hear the arguments
from the conflicting parties as we’ll as reviews the strength and weaknesses
for each side. They then offer an evaluation of the likely outcomes if they decide
to take the cases further than the point they are in, and it is intended to
help the individuals decide and make a decision on the conflict before they can
turn to other legal means. The evaluator may also provide a direction and
settlement to the case if the parties agree to it mutually.
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