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Running Head: HUMAN RESOURCE ASSIGNMENT 1

Human Resource Assignment Three - Labor Relations

Name

Institution Affiliation

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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).

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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

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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

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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).

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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

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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

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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.

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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

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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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