Inclusive education

Running Head: HUMAN RESOURCE ASSIGNMENT 1
Human Resource Assignment Three - Labor Relations
Name
Institution Affiliation
HUMAN RESOURCE ASSIGNMENT 2
Question 2. Non- economic means of impasse resolution
Introduction
According to Estlund (2017), non-economic methods of resolving dispute entails a wider
variety of activities that mostly involves a third-party who attempt to reconcile the difference
with absolute neutrality without any form of the formal judicial proceedings. These impasse
resolution mechanisms also referred as the alternative dispute resolution, are initiated through a
moderate dialogue between the conflicting parties and eventually binding decisions are derived
from this interactions. The principle different between the judicial proceeding and the non-
economic impasse resolution, the latter allow the parties to enter into a decision to solve the
problem voluntarily.
Discussion on Mediation
The first impasses resolution method to look at is mediation. This approach is also known
as conciliation and presents the fastest way to get over the source of conflicts mostly for parties
that do not have a legally guided agreement (Reuben, 2013). For the method to work efficiently,
it should follow a particular procedure. First, the mediator requires the parties to agree on the
matters concerning the process such as time, place and other confidential agreements. Secondly,
the party will exchange their respective initial positions to give the mediator the original state of
the conflict. Then, the mediator conducts the caucusing procedure and meet each party separately
to find out what they feel is the best solution. Upon reducing the conflict gap, the mediator will
carry offers and counter-offers and finally reaffirm the understanding between the parties
through signing a settlement agreement.
Pros and cons of this method
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Mediation presents a couple of advantages. First, it is direct and saves time and money.
Working with the mediator, the parties can hasten the process and at the same time save on cost
since no lawyers, and the legislative cost is required. Secondly, confidentiality is maintained.
When two parties are conflicting about a strategic matter, a mediator will work as a sure way of
keeping the companies’ or individuals’ secret through signing a non-disclosure agreement.
However, according to Farrow (2014), mediation can also present some shortcomings
such as lack of seriousness from one party because there is no legal pressure, either party may
become uninterested in pursuing the reconciliation process which would hurt the offended party.
Discussion on Arbitration
The other impasses resolution method is arbitration. The latter nearly resembles the
ordinary traditional litigation only that in arbitration the disputants agree to the resolution
process far before the actual conflict occur. According to Farrow (2014), the method works by
having a predetermined neutral third-party that would be presented with the facts about the
conflict, though not an active appeal process, the arbitrator can be able to make a valid and
binding decision for the parties to follow.
Pros and Cons this method
Due to longer engagement time with the arbitrator, even before the conflict ensues, the
parties can be assured of getting a better verdict to end their contention. Further, the method
involves all the parties effectively without partial treatment because the conflicting parties had
selected the mediator based on believing that he possessed sufficient capability to address future
differences between them (Mylovanov & Zapechelnyuk, 2013).
HUMAN RESOURCE ASSIGNMENT 4
Despite its strong implications, arbitration can present a significant shortcoming in case
the independence of the arbitrator is compromised. In such a situation, the arbitrator will no
longer act neutrally but will tend to be biased towards favoring one party.
Summary
Alternative methods of resolving the dispute are very effective mostly when the
disputants want to save on time and cost. Besides, the method helps the parties to retain their
image and public relations since the outsiders do not note their conflicting tension.
Question 4. Seniority as a factor to determine shift preference or overtime assignments
Introduction
According to Heathfield (2016), seniority means a precedence of a position, mostly the
one which is a priority over the other positions of the same job rank for the reasons of having
worked longer in the organization or possessing a unique set of skills. In most cases, the
employers use this system as the basis for providing various job benefits in the organization.
Besides, the seniority system in the employment industry provided the employees with related
benefits in creating, developing, and achieving the individual goals through appropriate
treatments. Furthermore, the seniority system, whether unilaterally imposed or collectively
bargained by the employees and the employers, will go beyond the mandate of a company
concerning providing job benefits to the employees. However, the system can present both the
negative and possible sides about granting employment benefits, shift benefits, and overtime
assignments to the employees.
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Discussion
Advantages
First and foremost, the seniority system that has been adopted by a company is a very
imperative tool in securing the employees' privileges and rights. An employee that has worked
relatively long for the company is at a higher position of getting fairer shifts and more overtimes
with increased benefits such as overtime payments, and relieve from hard duties to a managerial-
like role. Besides, the seniority system is vital to an employee since they can be given
assignments that are more desirable and a chance for promotion, work vacation and transfer to
the place of their choice.
The other benefit associated with the seniority is the fact that the system is not biased.
Every employee in the organization is represented equality based on the working history with the
team. Depending on how long and how well an employee has worked with the organization, the
manager can be able to determine what shift to give to the particular employee. For example,
during pick time, the organization will require a quick and accurate staff who can accommodate
work pressure with limited deadline unlike during the off-pick period which might not require
quick staff. In this view, seniority plays a critical role in giving privileges to staff who have
recorded exceptional performance (Estlund, 2017).
Finally, the seniority system has been very instrumental in aiding the management in
making decisions. Most of the decisions raised in an organization concerning the human
resource, are critical and requires informed consent as without this every function in the
organization would be haunted. In making the decision regarding, laying off some employees,
the management can review the seniority to determine which employee is fit for retention and so
HUMAN RESOURCE ASSIGNMENT 6
on. Regarding making decisions on shifts and overtime assignments, priority enables the
management to know the exact combination of staffs' skills and experience (Atkinson, 2017).
Disadvantages
Despite the certain advantages presented by seniority system in the organization, it also
has some shortcomings. First, retention based on the seniority system can compromise those
young talents in the organization. According to Woodcock (2017), assigning employees with low
ranks of seniority can be detrimental in preventing the total potential of such employees. When a
lowly ranked employee is denied enough shift and assignment since they have not worked long
enough for the company, the organization’s management can never be able to tell what such
employees are cable of. Finally, the assurance of security of tenure can lead to mediocrity among
employees.
Summary
Seniority can be a necessary evil that presents both sides of the effects. By using the
seniority system, the organization can be able to rank employees based on the performance
record. However, if an employee is rated very highly and their job secured, they may become
adamant in attending their daily roles.
Question 5. Steps a company should take to prepare for its first round of bargaining with
the union pre-negotiation activities
Introduction
Bargaining between the employer and the union represents a critical area in the general
negotiation which is made distinct by the law. Negotiation with various labor unions presents the
HUMAN RESOURCE ASSIGNMENT 7
organization’s management with an environment that requires them to have a clear
understanding of both the issues that are transcendent of the entire table and those that individual
unions seek to achieve. In this view, the pre-negotiation help brings to the table the basic facts
and reports from the operation field. Unlike the typical business negotiation which is generally
controlled by the statutory provisions, bargaining is mandated by external laws relating to the
industry under which the negotiation refers (Sherman, 2017).
Discussion
The first phase of the negotiation process involves the pre-negotiation which sets the
basis on which the real bargaining will be conducted. Besides this stage is very vital and has a
significant influence on the results of the negotiation. The first stage in pre-negotiation is the
preparation by the management. The management should have a careful study of the labor union
which it will be negotiating with. This significant step aims at understanding the union’s
strengths, law guiding the bargaining, and the personality revolving around the union culture.
This phase of pre-negotiation is important as help the organization achieve the initial
goals that have been set. The company is armed with a comprehensive list of what they want to
make from the barging, what they expect the union to ask for them, and a list of bargaining
strategies that will be employed. With the clear understanding that things might not turn up as
expected, the organization can be able to solve this difference by having a limit of their best and
worst case scenarios which can be used to know to what extent they should compromise their
goal. Also, preparation by the management is critical and ensure that the organization selects a
tactical, qualified and persuasive negotiator who can be able to turn the union's weak point into a
strategy (Seefeldt, 2017).
HUMAN RESOURCE ASSIGNMENT 8
The other phase in pre-negotiation is the researching about the union and formulating
proposals that support the bargaining range stipulated by the proceeding step. The organization,
in this stage, will seek to identify the actual goal of the union in entering into this bargaining
interactions. According to Noland, Robinson & Liu (2014), this step has the high initial
possibility of jeopardizing the success of the outcome of the negotiation. They further argue that
an organization that arms itself with information concerning the union are at a higher position to
know what the bargaining subject shall be and the unanticipated outcome by the union.
Researching and understanding the union motives is imperative in ensuring the
achievement of the organization’s goals of the negotiation. A union can present a mild set of
requirements that aim at securing for interest the sake of its union members, the employees.
Some of the union’s objective may include; advocating for the wage increase for the employees,
bargaining for the provision of better working conditions among others. An organization that
scrutinizes this needs before the actual bargaining is at a higher position is achieving its best case
scenario (Martin, Mansbridge, & Martin, 2016).
Summary
Bargaining is a complicated process that calls for total preparedness of the organization if
they are seeking to win over the union's demands. Excellent presentation during the negotiation
process can only be ensured from the beginning of the process by having an eloquent bargainer
to safeguard the company’s interest.
Question 6. Importance of government in labor relation
Introduction
HUMAN RESOURCE ASSIGNMENT 9
Collective bargaining has been a major bulwark in many nations which has consequently
permitted the emergence of democratic principles and the development of free enterprises within
places of work. As a result, the collective bargaining action has been made an integral part of our
society and functioning within the boundaries of societal justice for workers which has triggered
the considerations in the labor relations and the government scrutiny to matters of employment.
According to Széll (2015), the formulation of labor law and the involvement of the government
in monitoring the labor is a very complex matter which contains very unheated, careful, and
ascertainment of a considerable balance of factors to put into effect to safeguard both the
employer and the employed. Instead of achieving the desired balance, in some cases, the
government is entangled in the provision of discriminative and unfavorable labor law that has
risen the eyes of policy makers.
Discussion
The government contributes significantly in providing desirable combinations of the
required working environment in the protection of employees and the employer. First, the
government enacts labor law and regulations which dictate the working hours, working
conditions, minimum wage, worker protection, and the welfare system. Besides, the government
engages itself with the markets providing the employment to develop enriching conditions under
the law which can be used to promote the work and aid the unemployed persons to secure
employment under favorable terms (Gadi & David, 2017).
Second, the government plays a vital role in protecting the labor rights. The labor rights
will entail ensuring the employee is given the right employment term, accorded leaves
appropriately and is protected from the unlawful termination from the place of work. As the
protector of the labor rights of the social justice and the industrial relations, the government
HUMAN RESOURCE ASSIGNMENT 10
assumes the responsibility to resolve the relationships concerning the fundamental rights of
human beings to enable the bigger percentage of employees to participate in the economic
development and social progress through an industrial balance. Besides, through the increasing
computerization and technology, the government will be able to protect the labor right by using
the scientific developments (Contreras, 2016).
Finally, the government can be considered as the creator of balance in employment
relation. In an industrial relation, several of the time the real conflict occur between the
employees and the employers on various issues. In the beginning, the weaker party, the
employees, had to experience huge drawbacks until when the trade unions came to play. The
workers’ bargaining power has further been strengthened by the role of government in elevating
the issue. By balancing the power, the government has ensured that neither the employers nor the
employees can oppress each other. Woodcock (2017), argues that through regulating the power
of the labor movements by using a forcible adjustment measure, the balance of power is
installed. Mostly, employees’ campaign go to the point of threatening the employers’
profitability.
Summary
The effectiveness of the role the government plays in labor relation can be fructified by
jointly manning the operations of the management and the government that can considerably
ascertain the continuous existence of the balance between the administrative actions of the
management, the legislative, and the specific actions by the private labor relations. In most of the
cases, the pressure provided by the management and the labor movements have been seen to
produce a favorable climate for collective bargaining to thrive.
HUMAN RESOURCE ASSIGNMENT 11
References
Atkinson, J. (2017). The Study of Social Activism. In Journey into Social Activism: Qualitative
Approaches (pp. 3-26). NEW YORK: Fordham University.
Contreras, P. (2016). The Meaning of Labour Law. In Labour Law Script and Lessons. Materials
adapted to the European Higher Education Area (pp. 8-11). Madrid: Dykinson, S.L.
Estlund, C. (2017). Can China Regulate Its Way out of Labor Unrest? Rising Labor Standards
and the Enforcement Gap. In A New Deal for China’s Workers? (pp. 99-122).
Cambridge, Massachusetts; London, England: Harvard University Press.
Estlund, C. (2017). How Did the New Deal Resolve the American “Labor Question”? Bringing a
Comparative Lens into Focus. In A New Deal for China’s Workers? (pp. 73-98).
Cambridge, Massachusetts; London, England: Harvard University Press.
Farrow, T. (2014). Preferences, Influences, and Justifications. In Civil Justice, Privatization, and
Democracy (pp. 158-218). Toronto; Buffalo; London: University of Toronto Press.
Gadi Nissim, & David De Vries. (2017). Rhetoric of Decline in a Neo-liberal Context: Workers’
Committees and the Decline of Labor in Contemporary Israel. Israel Studies, 22(1), 165-
188.
Heathfield, S. (2016). What Seniority Means at Work: The Journal of Human resource.
Retrieved on 2017. From https://www.thebalance.com/what-seniority-means-at-work-
1919372
Martin C., Mansbridge J., & Martin C. (Eds.), (2016). Conditions for Successful Negotiation:
Lessons from Europe. Political Negotiation: A Handbook (pp. 199-230). Brookings
Institution Press
HUMAN RESOURCE ASSIGNMENT 12
Mylovanov, T., & Zapechelnyuk, A. (2013). OPTIMAL ARBITRATION. International
Economic Review,54(3), 769-785.
Noland, M., Robinson, S., & Liu, L. (2014). Modeling Inter-Korean Economic Integration and
Labor Unions. Journal of Economic Integration, 13(3), 426-463.
Reuben, R. (2013). Democracy and Dispute Resolution: The Problem of Arbitration. Law and
Contemporary Problems, 67(1/2), 279-320.
Seefeldt, K. (2017). Abandoned by Institutions of Inclusion and Stability: The Failed Promise of
Employment. In Abandoned Families: Social Isolation in the Twenty-First Century (pp.
49-76). New York: Russell Sage Foundation.
Sherman, L. (2017). The Origins of Modern Business Strategy Thinking in Bargaining. In if
you’re in a Dogfight, Become a Cat! Strategies for Long-Term Growth (pp. 1-28). New
York; Chichester, West Sussex: Columbia University Press.
Széll, G. (2015). Changing Labour Relations in China. Indian Journal of Industrial
Relations, 45(4), 554-565.
Woodcock, J. (2017). Precarious Organisation. In Working the Phones: Control and Resistance
in Call Centres (pp. 118-147). London: Pluto Press.
Woodcock, J. (2017). Precarious Organisation. In Working the Phones: Control and Resistance
in Call Centres (pp. 118-147). London: Pluto Press.

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