strategies in collective bargaining
The process of labor-management bargaining has evolved since its beginning in the early years of labor negotiations. Since the parties involved in collective bargaining are negotiating a formal contract that both are to be bound by, there are many stresses and tensions that permeate the process. Most early negotiations were filled with drama and emotionalism. The struggle has continued today to move toward a more rational process, whereby negotiations are conducted and settled on the facts and more concrete, quantitative arguments. In pursuit of this goal, there are strategies and tactics that can be utilized by both management and unionized labor in order to facilitate a more reasonable contract negotiation. The most beneficial tactics-setting reasonable goals, and researching facts-are employed before the negotiations even begin. First of all, in order to bargain better, it is important to understand just what collective bargaining is. James P. Begin and Edwin F. Beal define collective bargaining as part of an Industrial Relations System. The system of relations consists of: (1) the people who head the organizations that provide goods and services to society, (2) the people who do the work, and (3) the governmental or
Labor Relations, Sloane, Arthur A., Witney, Fred, Prentice-Hall, Inc., New Jersey, 1997. The movement of collective bargaining toward a matter of national policy began in 1935 with the enactment of the Wagner Act. This act pronounced two basic principles: (1) employees were to be permitted to form and maintain labor unions of their own choosing without being subjected to coercion, intimidation, or discrimination by employers; and (2) employers were to be required by law to bargain collectively with labor unions designated by their employees on wages, rates of pay, hours, and other conditions of employment. The Wagner Act and others, like the Taft-Hartley Act and the Fair Labor Standards Act, have provided a framework of law within which the collective bargaining process must operate. The legal regulations extend to both the procedural aspects (the manner in which collective bargaining is to be conducted) and to the substantive aspects (the types of subject concerning which collective bargaining is obligatory and which may or may not lawfully be incorporated into collective bargaining agreements). However, the substantive aspect remains relatively unrestricted by law (Torff, Selwyn H., 4-14). Strategy and Tactics in Labor Negotiations, Peters, Edward, New Era Press, Inc., Connecticut, 1955. The first important step toward better bargaining is to realize the essential nature and purpose of negotiations. In a bargaining conflict, there are three main activities in which each party is involved: (1) attempt to influence each other, the employees, and public opinion by advocating the merits of their respective positions; (2) indicate strength to each other; and (3) explore the possibilities, in terms of each other's maximum and minimum expectancies, of a settlement without an economic contest, or, at worst, a contest of minimum duration (Peters, Edward, 41). Peters states that sophisticated bargainers often underestimate the importance of good preparation and presentation of their position because they feel that these are just "window dressing for the harsh realities of economic strength (Peters, 42)." It is true that economic strength is important, but a po
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Approximate Word count = 1470
Approximate Pages = 6 (250 words per page double spaced)
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