Role of Arbitrator in Collective Bargaining Essay

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4. Determin the bargaining unit and who it will cover. Only those elgible (covered) may vote.

5. Charter a local -- formally affiliates with another union, or a local is chartered after the election .

6. Moves towards process of forming a union constitution, legal papers, and then being put into a position of helping to negotiate a contract.

Source: AFT, Forming a Union. Cited in:

http://www.aft.org/about/union101/forming-union.cfm

Part 5 -- Define and discuss three examples of unfair labor practices. Unfair labor practices are certain activities that a business or organization commites that violate any labor law, particularly the National Labor Relations Law. Examples of this might be:

Interfere with employees forming a union, banning, discriminating, or threatening employees who decide to unionize.

Refuse to bargain with the duly elected union.

Threatening plant closure or job loss if a union or union election is formed or held.

Assigning difficult or dangerous work or working conditions to those who support the process of unionizing.

Source: Unfair Labor Practices, Employee Issues.com. Cited in:

http://employeeissues.com/unfair_labor-practices.htm

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Essay on Role of Arbitrator in Collective Bargaining Assignment

Part 6- Define and discuss the role and function of an arbitrator. In many ways, the role of an arbitrator is similar to that of a judge in court. The arbitrator is to act in a fair and neutral way to help resolve a dispute by listening to the facts and arguments and make a decision. This is different than mediation -- in arbitration, the arbitrator is agreed upon by both parties and who is given the authority to decide the outcome of the issue. Court proceedings are held in public, typically arbitration in private a time and place more convenient to the parties under questions. Unlike the Court, the Arbitrator can use common sense, ethical and moral juidgement, or past behavior of the two sides to help guide a decision. There are some legal precedents to follow; but far fewer than in a formal court event.

Source: Compte, O. And Jeheil, P. (1995). "On the Role of Arbitration in Negotiations." Cited in: http://www.enpc.fr/ceras/jehiel/abritrator.pdf

Part 7 -- Describe the process of administering a collective bargaining agreement. Because Collective bargaining is fundamental to management-organized labor relations in the United States, the process of administering such an agreement is quite important. This agreement coveres the basic organizational structure that the two parties will agree upon -- instead of one side or another trying to dominante. Administering collective bargaining, then, is really organizing a rubric to administer the grievence procedure that is outlined in the contract.

The first step of the grievance is to file the document with a supervisor allowing an appeal to move up the management ladder. Then the parties must decide how the grievence will be handled, whether binding arbitration will be used, or how the continued contract negoaitions may or may not be affected by the administration of collective bargaining. The point of collective bargaining, and therefore the administration of such, is the work bargaining. It is not mean to be a solid position without any room for compromise, but a way to allow both sides a win situation by using the administrative tools to find a way to compromise and work together.

Source: Colsoi, T. And Berklely, A. (2006). Collective Bargaining: How it works and why. American Arbitration Association.

Part 8 -- Describe the process of decertification of a labor bargaining unit. The National Labor Relations Act that allows employees to elect a union as their exclusive bargaining representative also allows them to stop, or decertify, that process. This decertification election allows the employees to vote a union out, but also governs several aspects of when and how that may happen.

For instance, decertification petitions must be signed by no fewer than 30% of employees, must be filed when a contract is NOT in effect or… [END OF PREVIEW] . . . READ MORE

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