Mediation: Assessment of Its Potential in Labor Relations

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

After an organization has unionized, the union and organization must negotiate the terms of the agreement to reach a mutually beneficial agreement. The negotiation of these terms results in the creation or renewal of a collective agreement. A collective agreement is defined as “a labour contract that addresses a variety of issues such as wages and benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, and work assignments. Usually negotiated between the local union’s bargaining committee and the human resource or industrial relations department” (Schwind, Uggerslev, Wagar, Fassina, & Bulmash, 2016, p. 597). The union and organization must both agree to the terms of a collective agree but if they are not able to come to an agreement conciliation, mediation or interest arbitration will often take place. Conciliation occurs when a government-appointed third party is brought in to help resolve the dispute. Mediation is similar but instead uses a neutral third party to help resolve the dispute. Arbitration is

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures are used if conflict is between employees or members of an organization. The 3rd party, doing the mediation is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process being conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

While labor relation laws have provided legal stability for employers and employees to exercise and pursue their respective rights and interests, not all conflicts and disputes are resolved based on precedence of law. The National Labor Relations Board (NLRB) enforces the right of employees to engage in concerted activities for mutual aid or protection and takes the position that class and collective action waivers in employment and other agreements are unlawful. Although the National Labor Relations Act (NLRA) provides employees certain rights, some labor relation issues decided by the NLRB have been challenged in some cases and supported in others by the Supreme Court and the United States Courts of Appeals.

At the outset of the strike, the owners and players agreed to utilize the Federal Mediation and

President Johnson instructs Undersecretary of labour James Reynolds to take charge of mediation to settle the strike, Reynolds Steps up in meeting with city and union officials trying to get to an agreement

Throughout the past five weeks we as a learning team have gathered and learned a huge amount about the use of Mediation within an agency scene. Our team has collected and gathered a number of Internet websites to use as resources together with assorted interviews with social agencies. Our findings have concluded summaries about the future of the mediation and advocacy in this country and the role of human services workers in these processes.

First of all the power in government is diffused. The distribution of power was intentional so that the authority could be divided between the legislative, executive and judicial branches. This tactic makes it more difficult for public-sector unions to negotiate and collectively bargain because the employee's authority is limited(Gomez-Mejia et al., 2012). Also, many government employees are strongly restricted from striking or supporting strikes. These setbacks have forced public sector unions to develop creative ways of negotiating by mandated arbitrations and mediations.

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

Collective bargaining is the process by which conditions of employment are negotiated between management, and the labor organization representing employees in the bargaining unit. However, “collective bargaining refers to a situation in which union members and officials meet with an intent to resolve any issues or conflicts, in an attempt to maintain relationships” (Holley, Jennings, & Wolters, 2012, p. 243). The collective bargaining process relies on four aspects: recognition of the meeting, meeting with appropriate parties, bargaining in good faith, and incorporating the reached agreement (Adam, 1997). Nevertheless, collective bargaining activities are governed by the National Labor Relations Act (NLRA). The NLRA requires bargaining

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

I never imagined myself as a mediator, but prior to beginning this class I learned from previous students that it included role plays in which we mediated disputes between our classmates. I incorrectly assumed we would be thrust in a simple situation like helping mutual friends work out some simple disagreement. I did not realize we would practice our conflict management skills in so formal and serious a setting. I found the prospect somewhat daunting, but as the semester progressed I became increasingly comfortable with mediation. I performed well in certain aspects of the mediations and struggled, but improved in, others, culminating in my best mediation yet. In short, I improved my mediating abilities throughout the semester, progressing from an average mediator who performs adequately to an excellent one who effectively uses key mediation tactics, at least in role plays.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees