A Case 3-1 Negotiating Under The Sunshine Law

If the parties reach an impasse during negotiations, discuss the process that they must follow prior to a legal strike or lockout scenario. (10 marks)

The State of Florida takes pride in pioneering the nation in Florida's Government-in-the-Sunshine Law, enacted in 1967, which establishes a basic right of access to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities ((Statutes & Constitution :View Statutes : Online Sunshine).

The Dusky V. United States was a case that began to question the competency of people that have committed crimes. On September 10, 1958 Milton R. Dusky was charged with unlawfully transporting, a 15 year old, across state lines from Missouri to Kansas with two other young boys, Leonard Dischart, age 13, and Richard H. Nixon, age 16. The young girl had known Nixon before she knew Dischart; therefore, she accepted the invitation when the two boys and the defendant asked if she needed a ride to the drug store. Dusky and the boys, after leaving the drug store, had decided to go for drinks, that Dusky had provided. Intoxicated, they debated whether or not they should have sexual relations with the young girl with “the type of girl she is.” Returning

The first amendment partially serves democracy and gives you right to speak, but it denies you to practice your religion in public. Today in schools you are not allowed to pray or say the pledge of a legion, since everyone has different religious beliefs. The Sunshine law and FOIA laws does represent democracy and it allows government records to become public, since they are normally sealed according to the textbook. For example, when Michael Jackson doctor overdosed him with medication and that information is available for the public. Petfitlers information is made public, but their records use to be sealed.

Under the Railway Labor Act (RLA), once the National Mediation Board (NMB) declares an impasse,

City council met Thursday to discuss health insurance negotiations to prevent making cuts in the Elmira Police Department. After an almost three hour executive session, city council made no progress to report. "They have agreed to sit and discuss but we're just not making any headway so that's where we are," explains City of Elmira Mayor, Sue Skidmore.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

After hearing from all parties involved in the conflict, participants are sometimes able to come up with a resolution for the problem they are facing

Reflect on the negotiation exercise that you participated in. In particular, analyze the facts, tools, mistakes, insights, emotions, and goals from the exercise. Turn in this learning journal within one week of the negotiation exercise.

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

New York Police Department New York Police Department In order for an organization to succeed, they must be able to collaborate but this does not come without challenges. Collaboration is not a rule you can set, but rather an organizational culture in which it members will embrace it. In the event that the members of the organization do not embrace, the values and/or mission in which the organization believes in he or she could potentially be a barrier versus an asset.

Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).

An agreement to mediate future disputes means that the parties want to present their side to a mediator, a third party who is neutral. This mediator’s