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8/2/2019 DR in Employment Relations (ADM4878)-- Ppp
1/21
ADM4878
Dispute Resolution
in Employment
Relations
8/2/2019 DR in Employment Relations (ADM4878)-- Ppp
2/21
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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Unionized Workplaces
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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Unionized Workplaces
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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Unionized Workplaces
Interest Arbitration
Voluntary vs. compulsory
Approach
Split-the-difference
Effects
Chilling effect Narcotic effect
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Unionized Workplaces
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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Unionized Workplaces
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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Dispute Resolution in Nonunion
Workplaces Listening
Most cost effective
Supervisors need to be trained
Ombudsperson
Informal
Early neutral evaluation
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Dispute Resolution in Nonunion
Workplaces Formal Mediation
Mediator helps
Disputants find solution on their own
Arbitration
The US Supreme Court Case of 1991
Widespread use since then