Part 1: Impasses, Strikes and Dispute Resolution

MA
by MARJORIE ALIBO4 views·Updated Jun 8, 2021

Chapters

Audio TranscriptAuto-generated

  1. good day to each and everyone am mrs marjorie, ple
  2. bo and I am going to percent to you my
  3. report, which is about emphasis, strikes and desperate resolution in
  4. labor relations.
  5. First, as I'm going to give you the defending mission
  6. of bargaining impasse, bargaining impasse or an impact occurs when
  7. labor and management negotiators failed to agree on a mutually
  8. acceptable set of terms and conditions of employment bargaining emphasis
  9. are rare.
  10. Of the thousands of intent to bargain notices filed annually,
  11. Only around 1% resulted strikes.
  12. Nevertheless, bargaining disputes are emphasis and methods for its resolutions
  13. are central topics in labor relations for several reasons.
  14. First, the possibility of bargaining dispute underlies all labor negotiations
  15. because the threat of strikes, lockouts and other pressure tactics,
  16. also known as the economic equipment, can be used to
  17. try to force the other side to make additional concessions
  18. at the bargaining table.
  19. Second, bargaining in good faith to an impact fulfills each
  20. side's legal party bargaining obligation.
  21. This is significant because the employer is then free to
  22. implement the terms of its final offer.
  23. 3rd, even though this is very infrequent, major strikes can
  24. have devastating consequences for workers, employers in the public and
  25. are therefore important to understand its nature.
  26. Companies can lose customers and profits and see their stock
  27. prices decline.
  28. Public sector agencies can lose the support of taxpayers and
  29. voters. Workers can lose income and face several emotional and
  30. financial strain, including struggling to pay for food and rent.
  31. Communities might be divided and saw for economic loses and
  32. the public can be deprived of important goods, services and
  33. sources of transportation.
  34. Four is that some dispute resolution methods can be used
  35. before an impasse is rich and others are designed to
  36. prevent an impasse from occurring.
  37. Thus, their significance is greater than a low dispute rate
  38. might otherwise indicate.
  39. And finally, number five, The methods used in bargaining disputes
  40. is a defining picture of different labor relations systems and
  41. laws in the public sector.
  42. For example, striking is often illegal, and bargaining impacts typically
  43. triggers a mandatory dispute resolution mechanism, especially mediation arbitration or
  44. fact finding.
  45. Students of labor relations should therefore understand the alternative methods
  46. of dispute resolution along with their advantages and disadvantages.
  47. Now, I'll give to you the two broad categories of
  48. dispute number one, as we have the interest disputes.
  49. This actually pertained to conflicts of interest, like, for example,
  50. higher wages on the side of the employees now, because
  51. it is the employee's interests versus lower cost or lower
  52. labor costs on the employer's side.
  53. Also, for example, seniority based layoffs versus merit based layoffs.
  54. Broad union into managerial issues versus trick management rights to
  55. conduct business without interference.
  56. These conflicts of interests are the focus of contract negotiations,
  57. compromises on these conflicts result and specific contractual terms, a
  58. wage and benefits package and language governing layoffs and management
  59. rights. For example, in contrast, we have this right dispute.
  60. These are agreements over whether someone's rights have been violated
  61. in labor relations.
  62. These rights are specified in the union, contract rights disputes
  63. are therefore grievances, conflicts over the application and interpretation of
  64. a contract.
  65. Now, let's proceed through strikes and lack out.
  66. A strike occurs when employees refuse to work until an
  67. employer changes exposition on one or more issues.
  68. A strike is fundamentally an expression of protests and this
  69. satisfaction, but it is also frequently intended to enhance laborers
  70. bargaining power by pressuring an employer by withholding very.
  71. Labeler strikers set to increase the employer's costs of disagreement
  72. by depriving the employer of profits or the ability to
  73. satisfy the demands of taxpayers and voters.
  74. If such options are closely enough, the employer will exact
  75. the employees demands to avoid a threatened strike are settled,
  76. an ongoing strike To continue.
  77. I'll give to you the different types of strikes.
  78. We have number one for economic strike.
  79. These are strikes over wages, benefits and what rules private
  80. sector strikers protected by the N.
  81. L. R.
  82. A. Or the National Labor Relations Act?
  83. Yes, they are protected.
  84. Workers cannot be disciplined.
  85. This kind of strike discipline or discharge, but workers can
  86. be replaced with both permanent and temporary strike replacements.
  87. We have the second one the unfair labor practice strikes.
  88. These are strikes in protest against an employer's unfair labor
  89. practices, so they are actually protected.
  90. Yes, they are protected by the N.
  91. L. R.
  92. A. Workers can be disciplined or discharge or permanently replaced,
  93. but the N.
  94. L. R.
  95. A. Must find that an unfairly more practice was committed.
  96. Third s recognition strikes, we have strikes.
  97. These are strikes to force an employer to recognize and
  98. bargaining with the union occurred frequently in labor history, but
  99. the N.
  100. L. R.
  101. A. Encourages the use of representation elections So yes, they
  102. are protected but can pick up only for 30 days.
  103. Workers are protected but can be permanently replaced.
  104. Picketing for recognition is essentially limited to 30 days only.
  105. So after 30 days workers can strike but not be
  106. kept. So we have The 4th 1 The Sympathy Strikes.
  107. These are strikes in support of other workers on strike.
  108. Maybe they can be protected.
  109. A no strike clause in contract might be a waiver
  110. of protection if the clauses clearly or if the clause
  111. clearly includes sympathy strikes.
  112. In this case, workers are not protected and can be
  113. disciplined or discharge.
  114. Otherwise, sympathy strikes are protected, but strikers can be replaced.
  115. We have the 5th one wildcat strikes.
  116. These are the strikers or strikes over Gribbon says while
  117. a contract is still in force occasionally.
  118. Yes they can be protected and no strike clause in
  119. the contract usually waves protection so workers can be disciplined
  120. or discharge.
  121. Otherwise grievance strikes are protected but strikers can be replaced.
  122. We have the 61 jurisdictional strikes, strikes over the assignment
  123. of work to bargaining unit employees.
  124. So no, they are not protected.
  125. No are prohibited by that.
  126. N. L.
  127. R. A.
  128. Nexus. We have the non economic strikes strikes over permissive
  129. bargaining items during contract negotiations.
  130. So they are also uh not protected.
  131. Are prohibited by the N.
  132. L. R.
  133. A. But tax workers no efforts but the Apotex workers
  134. know their their efforts to improve only there we just
  135. hours and other terms and conditions of employment.
  136. And we have the 81 general or political strikes.
  137. These are mass protests against government policies.
  138. So no, they are not protected, but they are only
  139. protected by their efforts, not the strikers, and only protected
  140. by their by their efforts to improve the terms and
  141. conditions of employment by bargaining with their employer.
  142. Next as we have a lock out.
  143. So what is a lack out left out is similar
  144. to an economic strike, in that it is work stoppage
  145. that results from a bargaining dispute.
  146. But a left out is actually initiated by the employer
  147. rather than the employees.
  148. So we have here to uh kinds of like us,
  149. we have number one defensive lack out this occur when
  150. an employer locks out employees to prevent from unexpected strike.
  151. So an example of this is if an employer handles
  152. perishable goods and expects the strike, but the union will
  153. not reveal the timing of its strike plans.
  154. The employer can lock out the employees to prevent loses
  155. stemming from the spoilage of it's perishable products.
  156. So this is a defensive action to protest the employer
  157. from significant economic loses.
  158. Next as we have the other one.
  159. The offensive blackout occurs when an employer takes the initiative
  160. to pressure the union for a more favorable settlement.
  161. A common reason for taking this initiative is to control
  162. the timing of the works package.
  163. For example, baseball players trapped in 1994 just before the
  164. playoffs, so they had been paid for much for disease
  165. and while the owners would lose significant revenue during this
  166. time of big fun interest, to avoid this situation in
  167. subsequent bargaining around, the owners in the professional sports leg
  168. have instead locked out their players when negotiations have reached
  169. an impasse, including both the NBA and and F.
  170. L. in 2011.
  171. While these professional sports blackouts at the most visible blackouts
  172. have been recently occurred in multiple industries, including sugar processing,
  173. tire manufacturing, hospitals and the performing arts.
  174. The annual member of um number of laps outs is
  175. still small, but the recent increase seems to suggest increase
  176. employer militancy in pursuing their bargaining goals.
  177. So both this defensive and offensive lap out our legal
  178. now as long as they protect or support the employers
  179. um bargaining position.
  180. So lap out are not legal if they are overly
  181. aggressive and appeared to be an attempt to destroy the
  182. union.