Third-Party Intervention: During Negotiation Flashcards
Why is a third party used to help negotiators reach a collective agreement
- they are used to help resolve their differences without using a strike or lockout
3 types of third party intervention
conciliation: conciliator assesses the parties positions
mediation: mediator can participate in bargaining process
arbitration: arbitrator establishes some or all of the terms
Who or what is a conciliator
- a conciliator assesses the parties positions and submits a report to the Minister of Labor
- Conciliator does not participate in bargaining
- rarely resolves disputes
What is a tripartite conciliation board?
- an individual appointed by the employer
- and individual appointed by the union
- a third member, either appointed jointly by the parties or by an external authority.
When is a mediator used?
- when ordered by the minister of labor
- when requested by both parties
- before the start of legal strike or lockout
What happens when a mediator is used.
- observes bargaining sessions
- meets with parties to investigate differences
- proposes solutions to dissolve issues
- mediators recommendations are not binding
- mediator usually books out before a strike or lockout start or cannot help the parties
When is an arbitrator used?
Arbitrator establishes some or all of the terms and conditions of the collective agreement
- arbitrator’s decision is binding
- both parties can request for one
What are the two types of final offer selection that are created by arbitrators? what to they intale
- total-package final offer selection
- the arbitrator selects one party’s total package forms, this forces the parties to present realistic proposals - item-by-item final offer selection
- each party submits a package of proposals to the arbitrator. the arbitrator then chooses items from either parties proposal
- neither party is likely to be completely satisfied
What problems can be presented with interest arbitration or binding conciliation?
Chilling effect: when parties have less desire to resolve outstanding issues on their own
Narcotic effect: When parties lose the ability to resolve disputes on their own because the responsibility for resolving disputes is consistently taken away
Med-arb
a third party enters the bargaining process as a mediator but if issues cannot be resolved, they become an arbitrator and choose binding solutions
What are the three methods of resolving bargaining disputes and what are they?
- final offer votes
- minister of labor may order that bargaining the association be given an opportunity to vote secretly on the party’s last offer - industrial inquiry commissions
- appointment is created to investigate bargaining disputes
- if parties do not settle the results are reported to the minister of labor - disputes inquiry boards
- composed of three individuals who gather evidence about a dispute
What is grievance
- an alleged violation of one or more of the terms of the collective agreement
What are the 4 types of grievance?
Individual grievance: relates to an action by the employer that specifically affects an individual employee
Group grievance: relates to an action by the employer that affects a number of employees in the same manner
Continuing grievance: may not involve a single incident and relates to an ongoing practice by the employer
Policy Grievance: alleges that an employer’s action or lack of action is a violation of the collective agreement that affects all employees
What are the steps in filing a grievance
- file an actual complaint, continue to work until 10-14 days when the file is read
- formal written grievance is submitted,union or employer investigates the facts, attempt to find a mutually satisfactory resolution
- union or management last chance to resolve the issue without input from a third party
