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Dispute Resolution

This comprehensive overview explores different methods of dispute resolution, including mediation, fact-finding, and arbitration. Mediation involves a neutral third party who facilitates communication and negotiation between disputing sides, while fact-finding includes a neutral party that assesses issues and provides settlement recommendations. Arbitration is the most definitive resolution process, where a neutral arbitrator decides the terms of settlement, which may be binding or nonbinding. We also examine practical implications of strikes and employer responses, ensuring you have essential insights into labor disputes.

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Dispute Resolution

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Presentation Transcript

  1. DisputeResolution Group 7 Adam, Bret, Matt, Angie, Kyle, & Jake Group 8 Ashley, Cindy, Damien, Mark, Jill, Erik, & Brandon

  2. Third-Party Involvement • Mediation • Fact-Finding • Arbitration

  3. Mediation • Neutral third party provides assistance in reaching agreement • Mediator is always a go-between • Mediator provides leadership – making position on issue clear • Does not have authority to insist on position or make concession

  4. Mediation • Communicates assessments • Likeliness of strike • Possible settlement packages available

  5. Mediation • Mediators available to employers and unions • U.S. Federal Mediation and Conciliation Service (FMCS) • State conciliation services • Private third-party

  6. Fact-Finding • Neutral third party appointed in certain situations • Studies issues • Makes public recommendation of reasonable settlement

  7. Arbitration • Neutral third party may decide and dictate settlement terms • Most definitive type of intervention • Unlike mediation and fact-finding, can guarantee solution to impasse • Voluntary or compulsory (imposed by government agency)

  8. Arbitration • Binding Arbitration • Both parties committed to accepting arbitrator’s award • Nonbinding Arbitration • Both parties NOT committed to accepting arbitrator’s award

  9. Strikes • Withdrawal of labor • Often avoidable – result of mistake during bargaining process • Discrepancies between union leaders’ and members’ expectations • Misperceptions about each side’s bargaining goals

  10. Strikes • Economic Strike • Results from failure to agree on terms of a contract • Unfair Labor Practice Strike • To protest illegal conduct by employer • Wildcat Strike • Unauthorized strike occurring during contract term • Sympathy Strike • One union strikes in support of another union strike

  11. Picketing • One of first activities occurring during a strike • Informs public about existence of labor dispute • Encourages others to refrain from doing business with the employer against whom employees are striking

  12. How should employer respond to strikes? • Shut down affected area and halt operation until strike is over • Contract out work during duration of strike • Continue with business as usual with other non-striking employees filling in where possible

  13. How should employer respond to strikes? • If Economic Strike replacements can be deemed permanent, employers would not have to make room for strikers who decide to return to work • If Unfair Labor Practice Strike, strikers are entitled to return to their jobs if employer makes an offer for them to do so

  14. QUESTIONS

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