Distributive, Integrative Bargaining and Strike Replacements - Essay Example

Final Exam Final Exam Question Distributive and Integrative Bargaining It is difficult to switch from distributive bargaining to integrative bargaining due to the relationship that is first created by the parties during the negotiations. Distributive bargaining is based on positional extremes whose goal is victory for both parties. It demands for a concession between the parties and assumes a win-lose platform. The aim of the negotiation is devoid the need to establish a long-term relationship between the two parties. There is a mistrust created by the parties on each other because they tend to use tricks to obtain leverage on each other. Switching from this form of negotiation to the integrative negotiation will involve the establishment of a relationship between the parties. This may be difficult because mutual trust will not be exhibited by the parties. A relationship may not be the final interest of the parties, hence they may decide to maintain their positions due to mistrust. Negotiators trying to make this switch should create a mutual environment of relationship. They should be ready to integrate the other parties’ interests and adopt a joint problem-solving initiative. They should avoid tricks, but the openness and use of fair principles is necessary. They should initiate a collective criteria that determines the other parties’ position and bargaining their interests on this basis. They should also seek a long-term relationship, hence promoting a win-win situation that is mandatory. Union negotiators find it difficult to make this switch because their interests are stipulated by the large group of union members. They cannot easily switch and consider the needs of the other party because they follow specific requirements that must be adhered to. Union negotiations occur at periods when the concerns are more employee oriented than company oriented. Therefore, they place their interests towards obtaining a specific goal for a large number of employees. Company negotiators represent a group of stakeholders who are flexible in their decisions. In a business situation, the company tends to look at the forces of the market to make the decision. The other parties also understand this force and they tend to be flexible to allow a win-win situation. Question 2. Strike Replacements The workers have a right to strike and the employers have a right to replace the workers if their negotiations become deadlocked. Employers have a right to permanently or temporarily replace striking employees. During a lockout, the employer can make temporary replacements in order to continue production; and not permanent replacements. However, during a strike, they can make permanent replacements unless it is considered an Unfair Labor Practice (ULP) strike. If ULP causes the strike, the employees are entitled to return to the firm if they decide to and they make an unconditional offer to return to their job. Temporary replacement is advantageous when the company aims at keeping the current workforce. This situation may occur when the company has a good relationship with these employees and when there is proper skills worth retaining. The strikers have a preference in the rehiring list, and they are entitled for rehiring at the firm. Question 3. Rights Arbitration The major advantage of a legally binding arbitration contract is the solidarity realized in dealing with workplace problems. The contractual agreements are enforced by the arbitration process. The employee is given a right of hearing and participating in the internal governance of the firm. The agreements can be reached through collective bargaining thus providing security and certainty. Employee benefits and rights are protected by these systems, giving them a sense of belonging and accountability. The limitations of the arbitrations are the procedures involved in accessing an arbitration. First of all, they must obtain information from the employer. This information includes employer policies, pays and benefits, investigations etc. The availability of this information is dictated by the employer. The employer may have an upper hand, and the confirmation of employees’ claims may take longer to confirm. The agreements also limit the ability of the employees to enforce activities such as suits and dispositions. However, this model is important in the 21st century workplace. The offering of security and solidarity with the employees is a major benefit to the employee. It ensures that the employee rights are adhered to during the employment contract. Question 4. Full-fledged labor-management partnerships Full-fledged labor management partnerships are rare even when the interests of the workforce are represented through the unions. However, there are no requirements for the full involvement of the stakeholders, employees, the managers, and the unions at the corporate bard. The shareholders resist the formation of the management partnerships because of the fear of misuse and misappropriation of their funds. The full-fledged involvement of the other groups in decision making may lead to slower decision making and misuse of their funds. Therefore, they have differentiated the workers from managers, who make decisions. The managers have resisted the joint-decision making calls because it leads to the diversions of the employee divisions, and shifting of various operations to new locations. The management may not capture all that happens on the ground, and they lack the capability to enforce critical organizational decisions. The union leaders have resisted it because of the additional collective bargaining involved. It requires them to assume various responsibilities in the performance of the organization, and to participate in business oriented decisions. This is beside their main role of ensuring worker protection. The employees are reluctant because their jobs lack the security. Despite high performance, the workers are left in a precarious condition of ensuring responsibility for the failure of the organization. It also locks out employees who work for a given organization for a short period, because their incentives are focused on short-term goals. Question 5 I would use the escaping approach to negotiate the change. In this approach, there is a necessity to remove work from the bargaining table. The union will argue that the organization does not offer education to the employees in production, thus they do not stand a chance to reduce the labor costs. To counter this, investing in non-union operations such as education is necessary. The essence of this initiative is to increase production while reducing the labor costs. Improved education ensures that the employee has enough knowledge, hence high production. The surplus production can be sold to other prospective customers and cater for the 10% drop in sales. The employees will not require extra increase in salaries, but increased production will cater for the drop in sales. Some of the plants may be closed to reduce labor costs; with retrenchment and payment of the employee dues. This closure removes the work as a bargaining point for the unions because the company has a right to closure in case of economic issues. Question 6. Globalization Increased globalization has led to the need of highly qualified workers from all over the world. Managers have been forced to access high quality and skilled labor to work in different environments. They are also required to understand the global working conditions and be able to be flexible in adapting to them. They are required to diversify their knowledge on the economic and the human resource environment. This involves knowledge in country regulations on employment, business practice, and economic environments. The unions, on the other hand, are required to adhere to high performance workplace practices control. They are required to incorporate the international employee requirements as stipulated in their unions. The integration of these requirements ensures that production continues smoothly during the transitions. They are required to assimilate these employees into the functioning of the unions. They should distinct the rights, roles, and restrictions of these employees in these systems. Therefore, the labor law need to be reformed to cater for international employees. This is through employee involvement, variable pay, conceptual training, and protection of employee rights. Question 7 The USA industrial relations mainly encompass individualization where there is minimal governmental involvement. The government stepped in currently in the bid to regulate economic policies and various industry regulations. However, it still values decentralized institutions and self-governance that focuses on the firm specifically. In contrast, France industrial relations involve direct involvement of the government in enforcing the laws. The government uses politically positioned, divided, and fragmented unions in dealing with the employee issues. Both of these countries allow for a right to organize strikes in the countries in case of any industrial issues. Question 8 The current labor relations rely on the generalization of the economic growth. The labor regulations have been created on the foundation of ensuring uniqueness and lack of relation with other regulations elsewhere. Collective bargaining rights have been promoted in the need to obtain potential unionization and provision of an effective labor relation environment. Without the unionizations, the employers assume that the costs are subject to justification due to the majority support. Therefore, the establishment of the unions was based on the will of employers, without considering the employee suggestions. This has forced the US to enact regulations in relation to what the other countries are offering in the labor field. The unions have also adopted some of the requirements that are portrayed in other countries. The huge support they enjoy has made them be accepted and incorporated into the labor relations. This has masked the effect of the law on such regulations because of popularity consideration. Reference In Budd, J. W., & In Scoville, J. G. (2005). The ethics of human resources and industrial relations. Champaign: Labor and employment relations association. Read More