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Part 1: Impasses, Strikes and Dispute Resolution
MA
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MARJORIE ALIBO
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Updated Jun 8, 2021
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Chapters
00:00
Impasses, Strikes and Dispute Resolution
00:16
What is a bargaining impasse?
00:20
Occurs when labor and management negotiators fail to agree on a mutually acceptable set of terms
00:29
and conditions of employment
01:08
1. Can be used to try force the other side to make additional concession
01:15
2. fulfills each side's legal obligation
01:30
3. major strikes can have devastating consequences for workers, employers and the public
02:24
4.some dispute resolution methods can be used before an impasse is reached
02:42
5.the methods used in bargaining disputes is a defining feature of different labor relations systems
03:23
Two Categories of Disputes
03:28
1. Interest Disputes - pertain to conflict of interest
04:29
2. Rights Disputes - are disagreements over whether someone 's right have been voilated.
04:57
STRIKES AND LOCKOUTS
05:00
Strike occurs when employees refuse to work until an employer changes its position
05:12
A strike is fundamentally an expression of protest and dissatisfaction ,but it is also frequently
05:21
intended to enhance labor's bargaining power by pressuring an employer.
06:02
Types of Strikes
06:06
1. Economic Strike -Strikes over wages , benefits, and work rules.
06:14
Private Sector Strikers Protected by the NLRA Yes. Workers cannot be disciplined or discharged.
06:34
But workers can be replaced with both permanent and temporary strike replacements.
06:42
2. Unfair Labor Practice Strikes -Strikes in protest against an employer's unfair labor practices
06:54
Private Sector Strikers Protected by the NLRA Yes. Workers cannot be disciplined, discharged or
07:04
permanently replaced. But the NLRA must find that an unfair labor practice was committed.
07:15
3. Recognition Strikes- Strikes to force an employer to recognize and bargain with a union.
07:26
Occurred frequently in labor history but the NLRA encourages the use of representation elections
07:37
Yes, but can picket for only 30 days . Workers are protected , but can be permanently replaced.
07:49
Picketing for recognition is essentially limited to 30 days. After 30 days, workers can strike
07:58
but not picket.
08:01
4. Sympathy Strikes - strikes in support of other workers on strike.
08:10
Maybe. A no-strike clause in contract might be a waiver of protection if the clause clearly includes
08:22
sympathy strikes. In this case workers are not protected and can be disciplined or discharged .
08:30
Otherwise sympathy strikes are protected, but strikers can be replaced.
08:37
5. Wildcat strikes- Strikers over grievances while a contract is still in force
08:48
Occasionally. A no-strike clause in a contract usually waives protection, so workers can be
08:56
disciplined or discharged. Otherwise grievance strikes are protected , but strikers can be replaced.
09:06
6. Jurisdictional Strikes - Strikes over the assignment of work to bargaining unit employees.
09:15
No. Jurisdictional strikes are prohibited by the NLRA.
09:23
7. Noneconomic Strikes - Strikes over permissive bargaining items during contract negotiations
09:31
No. The NLRA protects worker's efforts to improve only their wages , hours and other terms
09:50
8. General or Political Strikes - Mass protest against government policies.
09:59
No. The NLRA protects workers' efforts to improve their terms and conditions of employment by
10:14
bargaining with their employer.
10:21
A Lockout - is similar to an economic strike in that it is work stoppage that results from
10:32
a bargaining dispute, but a lockout is initiated by the employer rather than the employees.
10:43
Defensive Lockouts - occur when an employer locks out employees to prevent from an expected strike.
10:58
Offensive Lockout- occurs when an employer takes the initiative to pressure the union for a
11:01
Defensive Lockouts - occur when an employer locks out employees to prevent from an expected strike.
11:30
Offensive Lockout- occurs when an employer takes the initiative to pressure the union for a
11:40
more favourable settlement. A common reason for taking this initiative is to control the timing
11:48
of the work stoppage.
Audio Transcript
Auto-generated
00:02 - 00:04
good day to each and everyone am mrs marjorie, ple
00:05 - 00:07
bo and I am going to percent to you my
00:07 - 00:12
report, which is about emphasis, strikes and desperate resolution in
00:13 - 00:13
labor relations.
00:14 - 00:18
First, as I'm going to give you the defending mission
00:18 - 00:23
of bargaining impasse, bargaining impasse or an impact occurs when
00:23 - 00:28
labor and management negotiators failed to agree on a mutually
00:28 - 00:34
acceptable set of terms and conditions of employment bargaining emphasis
00:34 - 00:34
are rare.
00:35 - 00:39
Of the thousands of intent to bargain notices filed annually,
00:40 - 00:42
Only around 1% resulted strikes.
00:43 - 00:48
Nevertheless, bargaining disputes are emphasis and methods for its resolutions
00:49 - 00:53
are central topics in labor relations for several reasons.
00:54 - 01:00
First, the possibility of bargaining dispute underlies all labor negotiations
01:01 - 01:05
because the threat of strikes, lockouts and other pressure tactics,
01:06 - 01:09
also known as the economic equipment, can be used to
01:09 - 01:12
try to force the other side to make additional concessions
01:13 - 01:14
at the bargaining table.
01:15 - 01:19
Second, bargaining in good faith to an impact fulfills each
01:20 - 01:22
side's legal party bargaining obligation.
01:23 - 01:26
This is significant because the employer is then free to
01:27 - 01:29
implement the terms of its final offer.
01:30 - 01:36
3rd, even though this is very infrequent, major strikes can
01:36 - 01:42
have devastating consequences for workers, employers in the public and
01:43 - 01:46
are therefore important to understand its nature.
01:47 - 01:52
Companies can lose customers and profits and see their stock
01:53 - 01:53
prices decline.
01:54 - 01:59
Public sector agencies can lose the support of taxpayers and
01:59 - 02:04
voters. Workers can lose income and face several emotional and
02:04 - 02:09
financial strain, including struggling to pay for food and rent.
02:09 - 02:15
Communities might be divided and saw for economic loses and
02:15 - 02:20
the public can be deprived of important goods, services and
02:20 - 02:21
sources of transportation.
02:24 - 02:28
Four is that some dispute resolution methods can be used
02:29 - 02:32
before an impasse is rich and others are designed to
02:33 - 02:34
prevent an impasse from occurring.
02:35 - 02:39
Thus, their significance is greater than a low dispute rate
02:40 - 02:41
might otherwise indicate.
02:42 - 02:46
And finally, number five, The methods used in bargaining disputes
02:47 - 02:51
is a defining picture of different labor relations systems and
02:52 - 02:53
laws in the public sector.
02:54 - 02:59
For example, striking is often illegal, and bargaining impacts typically
03:00 - 03:06
triggers a mandatory dispute resolution mechanism, especially mediation arbitration or
03:07 - 03:07
fact finding.
03:08 - 03:14
Students of labor relations should therefore understand the alternative methods
03:15 - 03:19
of dispute resolution along with their advantages and disadvantages.
03:22 - 03:27
Now, I'll give to you the two broad categories of
03:27 - 03:31
dispute number one, as we have the interest disputes.
03:33 - 03:37
This actually pertained to conflicts of interest, like, for example,
03:38 - 03:43
higher wages on the side of the employees now, because
03:43 - 03:49
it is the employee's interests versus lower cost or lower
03:49 - 03:51
labor costs on the employer's side.
03:53 - 04:00
Also, for example, seniority based layoffs versus merit based layoffs.
04:01 - 04:06
Broad union into managerial issues versus trick management rights to
04:06 - 04:09
conduct business without interference.
04:10 - 04:14
These conflicts of interests are the focus of contract negotiations,
04:15 - 04:20
compromises on these conflicts result and specific contractual terms, a
04:21 - 04:26
wage and benefits package and language governing layoffs and management
04:27 - 04:31
rights. For example, in contrast, we have this right dispute.
04:32 - 04:37
These are agreements over whether someone's rights have been violated
04:38 - 04:40
in labor relations.
04:41 - 04:45
These rights are specified in the union, contract rights disputes
04:46 - 04:52
are therefore grievances, conflicts over the application and interpretation of
04:53 - 04:53
a contract.
04:55 - 04:59
Now, let's proceed through strikes and lack out.
05:02 - 05:07
A strike occurs when employees refuse to work until an
05:07 - 05:12
employer changes exposition on one or more issues.
05:14 - 05:19
A strike is fundamentally an expression of protests and this
05:19 - 05:26
satisfaction, but it is also frequently intended to enhance laborers
05:26 - 05:33
bargaining power by pressuring an employer by withholding very.
05:33 - 05:38
Labeler strikers set to increase the employer's costs of disagreement
05:39 - 05:43
by depriving the employer of profits or the ability to
05:43 - 05:46
satisfy the demands of taxpayers and voters.
05:48 - 05:52
If such options are closely enough, the employer will exact
05:53 - 05:56
the employees demands to avoid a threatened strike are settled,
05:58 - 06:01
an ongoing strike To continue.
06:02 - 06:06
I'll give to you the different types of strikes.
06:06 - 06:09
We have number one for economic strike.
06:10 - 06:18
These are strikes over wages, benefits and what rules private
06:19 - 06:22
sector strikers protected by the N.
06:22 - 06:23
L. R.
06:23 - 06:26
A. Or the National Labor Relations Act?
06:26 - 06:27
Yes, they are protected.
06:28 - 06:30
Workers cannot be disciplined.
06:31 - 06:37
This kind of strike discipline or discharge, but workers can
06:38 - 06:42
be replaced with both permanent and temporary strike replacements.
06:45 - 06:49
We have the second one the unfair labor practice strikes.
06:50 - 06:54
These are strikes in protest against an employer's unfair labor
06:55 - 06:59
practices, so they are actually protected.
07:00 - 07:01
Yes, they are protected by the N.
07:02 - 07:02
L. R.
07:02 - 07:08
A. Workers can be disciplined or discharge or permanently replaced,
07:08 - 07:09
but the N.
07:10 - 07:10
L. R.
07:10 - 07:14
A. Must find that an unfairly more practice was committed.
07:17 - 07:19
Third s recognition strikes, we have strikes.
07:20 - 07:25
These are strikes to force an employer to recognize and
07:25 - 07:33
bargaining with the union occurred frequently in labor history, but
07:33 - 07:34
the N.
07:34 - 07:34
L. R.
07:35 - 07:40
A. Encourages the use of representation elections So yes, they
07:40 - 07:45
are protected but can pick up only for 30 days.
07:45 - 07:49
Workers are protected but can be permanently replaced.
07:51 - 07:55
Picketing for recognition is essentially limited to 30 days only.
07:56 - 08:01
So after 30 days workers can strike but not be
08:01 - 08:05
kept. So we have The 4th 1 The Sympathy Strikes.
08:06 - 08:10
These are strikes in support of other workers on strike.
08:12 - 08:14
Maybe they can be protected.
08:15 - 08:18
A no strike clause in contract might be a waiver
08:19 - 08:22
of protection if the clauses clearly or if the clause
08:22 - 08:25
clearly includes sympathy strikes.
08:25 - 08:29
In this case, workers are not protected and can be
08:29 - 08:30
disciplined or discharge.
08:32 - 08:37
Otherwise, sympathy strikes are protected, but strikers can be replaced.
08:38 - 08:41
We have the 5th one wildcat strikes.
08:42 - 08:46
These are the strikers or strikes over Gribbon says while
08:47 - 08:50
a contract is still in force occasionally.
08:51 - 08:54
Yes they can be protected and no strike clause in
08:54 - 08:59
the contract usually waves protection so workers can be disciplined
08:59 - 09:00
or discharge.
09:01 - 09:05
Otherwise grievance strikes are protected but strikers can be replaced.
09:08 - 09:13
We have the 61 jurisdictional strikes, strikes over the assignment
09:14 - 09:16
of work to bargaining unit employees.
09:17 - 09:19
So no, they are not protected.
09:20 - 09:22
No are prohibited by that.
09:23 - 09:23
N. L.
09:23 - 09:24
R. A.
09:25 - 09:28
Nexus. We have the non economic strikes strikes over permissive
09:29 - 09:31
bargaining items during contract negotiations.
09:32 - 09:35
So they are also uh not protected.
09:36 - 09:37
Are prohibited by the N.
09:37 - 09:38
L. R.
09:38 - 09:43
A. But tax workers no efforts but the Apotex workers
09:43 - 09:47
know their their efforts to improve only there we just
09:47 - 09:50
hours and other terms and conditions of employment.
09:52 - 09:55
And we have the 81 general or political strikes.
09:56 - 09:59
These are mass protests against government policies.
10:01 - 10:04
So no, they are not protected, but they are only
10:04 - 10:08
protected by their efforts, not the strikers, and only protected
10:09 - 10:12
by their by their efforts to improve the terms and
10:13 - 10:18
conditions of employment by bargaining with their employer.
10:21 - 10:24
Next as we have a lock out.
10:24 - 10:26
So what is a lack out left out is similar
10:27 - 10:30
to an economic strike, in that it is work stoppage
10:32 - 10:35
that results from a bargaining dispute.
10:36 - 10:40
But a left out is actually initiated by the employer
10:41 - 10:42
rather than the employees.
10:44 - 10:49
So we have here to uh kinds of like us,
10:49 - 10:53
we have number one defensive lack out this occur when
10:54 - 11:00
an employer locks out employees to prevent from unexpected strike.
11:01 - 11:05
So an example of this is if an employer handles
11:05 - 11:10
perishable goods and expects the strike, but the union will
11:10 - 11:13
not reveal the timing of its strike plans.
11:13 - 11:17
The employer can lock out the employees to prevent loses
11:18 - 11:21
stemming from the spoilage of it's perishable products.
11:22 - 11:26
So this is a defensive action to protest the employer
11:27 - 11:29
from significant economic loses.
11:30 - 11:32
Next as we have the other one.
11:32 - 11:38
The offensive blackout occurs when an employer takes the initiative
11:39 - 11:43
to pressure the union for a more favorable settlement.
11:44 - 11:48
A common reason for taking this initiative is to control
11:49 - 11:51
the timing of the works package.
11:54 - 12:00
For example, baseball players trapped in 1994 just before the
12:00 - 12:05
playoffs, so they had been paid for much for disease
12:05 - 12:09
and while the owners would lose significant revenue during this
12:10 - 12:14
time of big fun interest, to avoid this situation in
12:14 - 12:19
subsequent bargaining around, the owners in the professional sports leg
12:20 - 12:26
have instead locked out their players when negotiations have reached
12:26 - 12:31
an impasse, including both the NBA and and F.
12:31 - 12:32
L. in 2011.
12:33 - 12:38
While these professional sports blackouts at the most visible blackouts
12:39 - 12:43
have been recently occurred in multiple industries, including sugar processing,
12:43 - 12:47
tire manufacturing, hospitals and the performing arts.
12:48 - 12:54
The annual member of um number of laps outs is
12:54 - 13:01
still small, but the recent increase seems to suggest increase
13:03 - 13:08
employer militancy in pursuing their bargaining goals.
13:08 - 13:14
So both this defensive and offensive lap out our legal
13:15 - 13:18
now as long as they protect or support the employers
13:19 - 13:21
um bargaining position.
13:22 - 13:24
So lap out are not legal if they are overly
13:25 - 13:30
aggressive and appeared to be an attempt to destroy the
13:30 - 13:30
union.
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