This case study describes a dispute between the organization and the union which led to the arbitration court due to the fact that the discussions between the organization and the union they stopped. Both sides met nearly 18 times in an 11-month period, but the organization rejected most of the union's demands, forcing it to say the organization has no intention of bargaining and has engaged in only superficial bargaining. no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay The organization did not comply with the demands of the union on its proposals such as wages, management rights, hinge clause, no strike clause, discipline and dismissal, Dismissal and recall, Dues check-off and furthermore the clause of non-discrimination. It was this reason that caused the union to believe that the organization was not willing to engage in actual bargaining but rather was only engaged in superficial bargaining. The administrative law judge did not uncover much evidence in this case because the organization met at a customary interval with the union, even if direct, did not demonstrate any expectation that the organization had no desire to terminate a competition with the union. There was no need for the judge to decide whether this bargaining was an extremely dignified trust bargaining or not. The ruling “This case indicates that good faith bargaining took place because the company fulfilled all the clauses involved in good faith bargaining.” Disagreement between union and Management Negotiates in Good Faith: As I like to think, management did not negotiate in good faith. They refused to recognize all the proposals put forward by the union and the recommendations presented violated workers' rights and did not support them. The conditions proposed by the management generously limited the tasks of the union and did not benefit the representatives in any way. Below are management's proposals that demonstrated they were not negotiating in good faith: Please note: This is just one example. Get a custom paper now from our expert writers. Get a custom essay Wages: They proposed to limit union investment in guaranteeing wage increases. Management Rights: Through this proposal, they had to control the idea of the business and its abolition without giving any control to the employees. It also included the termination of representatives without the union's consent. Hinge clause: limited the union's right to bargain for the duration of the declaration. No-Strike Clause: Prohibited representatives from calling a strike if their demands were not met. Recommendation that management and the union adopt these negotiation techniques to ensure the success of the next bargaining session: The union and management should think about representative well-being first when negotiating the terms of the agreement. The terms should be satisfactory to both parties and not advantageous to only one party. Labor management intervention can help the terms transaction effectively. It helps each party state their case and defend their positions. A third person helps them reach a shared opinion that would be beneficial to both parties.
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