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Books > Business & Economics > Industry & industrial studies > Industrial relations & safety > Industrial relations > Industrial arbitration & negotiation
A practical 'how to' book for managers and employee representatives. The book identifies a range of skills and techniques and uses 16 short case studies to illustrate the points made based on the author's 30 year experience of employment relations. It gives a step-by-step guide to a negotiation using traditional collective bargaining. Areas covered include preparation for the negotiation, questioning techniques, dealing with aggression, how to identify and respond to 'dirty tricks' used by negotiators, how to negotiate when faced with a collective dispute, and a review of new methods of Alternative Dispute Resolution (ADR). In addition, an appendix contains a simple self-assessment tool for negotiators.
Daring to Struggle, Daring to Win tells the fascinating true story of an individual radical organizer turned independent Chicago city council member, and her forty year struggle for justice in Chicago. Helen Shiller went from radical anti-war activist in Wisconsin, to a member of a collective of white allies of the Black Panther Party in Chicago, to an elected city council person who helped break the back of the racialized opposition to Harold Washington, Chicago's first Black mayor. Shiller participated, when few others did, in the historic fight against the gentrification of a unique economically and racially mixed Chicago community on the Northside. With insight into historic community organizing and political battles in Chicago from the 1970s through 2010, this book details numerous policy fights and conflicts in Chicago during this time, illuminating recurrent political themes and battles that remain relevant to this day. Daring to Struggle, Daring to Win is a compelling, insightful, must-read for all those struggling for a better world today.
"People thrive on conflict in most areas of their lives--football games, political debates, legal disputes--yet steer clear from workplace conflicts. But conflict is actually a healthy way to challenge the existing order and essential to change in the workplace. The real problem is not conflict "per se," but "managing" conflict. This authoritative manual explains step by step how to design a complete conflict resolution system and develop the skills to implement it. Packed with exercises, case studies, and checklists, the book also supplies: * an overview of workplace conflict * diagnostic tools for measuring it * techniques for resolving conflict, such as negotiation, labor/management partnerships, third-party dispute resolution, mediation, arbitration, more."
Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.
While negotiation has long been recognised as an activity that affects world peace it has also become a central aspect of professional life. The last two decades have witnessed the emergence of negotiation and conflict resolution as an important area of research and as an area of intense importance in professional areas such as law, government and business. This authoritative and comprehensive collection presents outstanding research on negotiation and conflict resolution that views negotiation as a multi-party decision making process. Negotiation and conflict resolution are conceptualised as a decision making activity, where the individual perceptions of each party and the interactive dynamics of multiple parties are critical elements. This collection provides an invaluable selection of the most important writing of perhaps the most dominant view of negotiation and conflict resolution, and creates an intellectual history in the process.
Daring to Struggle, Daring to Win tells the fascinating true story of an individual radical organizer turned independent Chicago city council member, and her forty year struggle for justice in Chicago. Helen Shiller went from radical anti-war activist in Wisconsin, to a member of a collective of white allies of the Black Panther Party in Chicago, to an elected city council person who helped break the back of the racialized opposition to Harold Washington, Chicago's first Black mayor. Shiller participated, when few others did, in the historic fight against the gentrification of a unique economically and racially mixed Chicago community on the Northside. With insight into historic community organizing and political battles in Chicago from the 1970s through 2010, this book details numerous policy fights and conflicts in Chicago during this time, illuminating recurrent political themes and battles that remain relevant to this day. Daring to Struggle, Daring to Win is a compelling, insightful, must-read for all those struggling for a better world today.
Mikhail Tomsky (1880-1936) was one of the most important and influential leaders of the early Soviet Union. This first English-language biography of Tomsky reveals his central role in all the key developments in early Soviet history, including the stormy debates over the role of unions in the self-proclaimed workers' state. Charters Wynn's compelling account illuminates how the charismatic Tomsky rose from an impoverished working-class background and years of tsarist prison and Siberian exile to become both a Politburo member and the head of the trade unions, where he helped shape Soviet domestic and foreign policy along generally moderate lines throughout the 1920s. His failed attempt to block Stalin's catastrophic adoption of forced collectivization would tragically make Tomsky a prime target in the Great Purges.
The Yellow Vest (Gilets Jaunes) protests that started in November 2018 have rocked French political culture and led critics to denounce the movement as being a threat to democracy, or worse. Among other things the protestors were accused of being barbarians, philistines, racists, anti-Semites and reactionaries who would destroy both France and European civilization. In fact, this book argues that the protests must be understood as part of a wave of protests against the extension of the market into all areas of social life that have been taking place around the world since the 1980s. While the Yellow Vest protests embrace a range of actors that cut across the French political spectrum the agenda that rapidly emerged from the movement in the shape of the 'People's Directive' shows that it is a broadly progressive protest that has articulated radical ideas and practices with a view to transforming French political culture by means of direct democracy. The end goal is to be a new social order which is environmentally sustainable and built around principles of social justice. In this respect its ideas and actions are a challenge to mainstream French political culture.
In this ground breaking contribution to Marxist economic theory, Peter H. Jones provides a comprehensive analysis of profit rates in the lead up to the Great Recession. The Falling Rate of Profit and the Great Recession of 2007-2009 develops a new interpretation of Marx's labour theory of value rooted in non-equilibrium, and applies this theory to US national accounting data. In so doing Jones shows that, when measured correctly, the profit rate falls in the lead up to the Great Recession due to the rising organic composition of capital-the primary reason for crises in Marx's own account. From there Jones also details a new theory of finance, showing how cycles in the profit rate relate to stock market booms and slumps, and movements in the interest rate. He then discusses the implications of this analysis, and Marx and Engels' work generally, for a democratic socialist strategy.
Today, 95 percent of all labor contracts in the United States provide for arbitration. Indispensable to sound contract management, arbitration orchestrates the resolution of disputes by a neutral third party. Since parties who reach the process of arbitration are no longer interested in compromise or mutual accommodation, arbitrators, unlike mediators, do not have to work out arguments or propose possible solutions. They simply hear evidence and make a decision based on the facts as presented - without being bound by rules of evidence or precedents. For both sides, the key to a successful outcome lies in their advocates' ability to present and document their case. Providing guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. Written for those who do not deal with the intricacies of arbitration on a day-to-day basis yet have a responsibility to their company should such situations arise, it begins with the very basics of the arbitration concept, including discipline and discharge procedures. It then provides detailed guidelines for presenting an organization's position effectively, and it discusses important principles and practices every advocate should know. Additional topics include grievance procedure time limits; methods for researching and selecting the arbitrator; and recommendations regarding witness conduct. Practices of the actual arbitration such as objections, admissible evidence and credibility of evidence are also discussed. Extensive references to pertinent statutes and case law round out this informative guide.
This book examines the escalation of an organizational conflict to one of the most talked about industrial crises of the past decade: the demise of Eastern Airlines. Through an analysis of the messages exchanged by some of its key participants--the representatives of the pilots and management of Eastern--this study attempts to explain how and why some 4,000 men and women walked away from high-paying glamour jobs and toppled an institution. The book is not an evaluation of the economic climate or financial events that put Eastern into a critical bind; instead, it is an analysis of the human cost of an organizational tragedy that might possibly have been avoided. The results of the study support communication theory that predicts that when an agitative group bearing the characteristics of the pilots of Eastern Airlines conflicts with an establishment such as Eastern's management under Frank Lorenzo, the establishment can always successfully avoid or suppress agitative movements. This work will be of interest to scholars and practitioners in industrial relations, labor-management studies, corporate communication, and American industrial history.
Unlike Europe, where most public sector workers have long been included in collective bargaining agreements, the United States excluded public employees from such legislation until the 1960s and 70s. Since then, union membership in the U. S. has grown more rapidly among public workers than among workers in the private sector. This book provides up-to-date information on public sector collective bargaining in the United States today. The editors' seek to understand the real nature of PSB by examining eight states where the action is taking place -- California, Hawaii, Illinois, Michigan, New Jersey, New York, Pennsylvania, and Wisconsin. The chapters offer unique case studies of legal origins, developments, and challenges to collective bargaining; negotiations experience and outcomes; discussion of legislation; and emphasis of histoical development as well as current practice.
Unlike Europe, where most public sector workers have long been included in collective bargaining agreements, the United States excluded public employees from such legislation until the 1960s and 70s. Since then, union membership in the U. S. has grown more rapidly among public workers than among workers in the private sector. This book provides up-to-date information on public sector collective bargaining in the United States today. The editors' seek to understand the real nature of PSB by examining eight states where the action is taking place -- California, Hawaii, Illinois, Michigan, New Jersey, New York, Pennsylvania, and Wisconsin. The chapters offer unique case studies of legal origins, developments, and challenges to collective bargaining; negotiations experience and outcomes; discussion of legislation; and emphasis of histoical development as well as current practice.
In 1938, the Congress of Industrial Organizations (CIO) sent communist union organizer Arthur "Slim" Evans to the smelter city of Trail, British Columbia, to establish Local 480 of the International Union of Mine, Mill and Smelter Workers. Six years later the local was recognized as the legal representative of more than 5,000 workers at a smelter owned by the powerful Consolidated Mining and Smelting Company of Canada. But the union's fight for survival had only just begun. Smelter Wars unfolds that historic struggle, offering glimpses into the political, social, and cultural life of the semi-rural, single-industry community. Hindered by economic depression, two World Wars, and Cold War intolerance, Local 480 faced fierce corporate, media, and religious opposition at home. Ron Verzuh draws upon archival and periodical sources, including the mainstream and labour press, secret police records, and oral histories, to explore the CIO's complicated legacy in Trail as it battled a wide range of antagonists: a powerful employer, a company union, local conservative citizens, and Cooperative Commonwealth Federation (CCF) leadership. More than the history of a union, Smelter Wars is a cultural study of a community shaped by the dominance of a world-leading industrial juggernaut set on keeping the union drive at bay.
In a dramatic change of role, the noted television and film star has written a vivid and incisive account of the House Committee on Un-American Activities' probe of the entertainment industry from 1938 to 1958. Formed to investigate alleged subversives, by the late fifties the committee had succeeded in ruining the careers and sometimes the lives of many of Hollywood and Broadway's top writers and performers. Quoting generously from transcripts of its hearings, Vaughn shows how the committee's primary purpose was punitive rather than legislative, and concludes that its most serious damage to American theatre and film is not easily documented: the loss of all the words never written or spoken because of the impact - and the fear - of the committee's misdeeds.
International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the 'integrity' of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.
Arbitration, when properly conducted, is an inexpensive and speedy means of resolving disputes, but all too often it is misunderstood or abused. The author contends that arbitration can only work well if fully understood by all parties. This study begins with a general discussion of arbitration and the role of powers of the arbitrator. It then considers each stage in the course of an arbitration, from the claimant's decision to seek this means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator. Comprehensive appendices include a series of specimen letters and documents illustrating typical cases, the Arbitration Acts and a flow chart of arbitration.
This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.
Using data from the 2000 Census, this collection examines the major demographic and employment trends in the rural Midwestern states with special attention to the issues that state and local policy makers must address in the near future.
Using data from the 2000 Census, this collection examines the major demographic and employment trends in the rural Midwestern states with special attention to the issues that state and local policy makers must address in the near future.
Almost half of government employees are represented by labor organizations, and public-sector unions act as a significant force in the effective operation of government and can exert substantial control over labor costs and procedures in the workplace. The response by state and local officials has varied greatly, with collective bargaining frameworks existing as a patchwork of experiments--from mandated collective bargaining to outright prohibition. While their policy actions seem to recognize the benefits of bilateral negotiation, the spectre of service disruption continues to haunt them. Because public-sector bargaining is a recent development, policy analysts lack a firm handle on policymaking in this sphere. Piskulich examines the dimensions of state and local public-sector labor policy and explores policies that enable policymakers to manage the collective bargaining process in line with their goals. This study looks at the three questions most crucial to policy efficacy: what governments do; why they do it; and what difference it makes. Three central findings emerge from the issue of what governments do. The evidence indicates increasing enactment of labor policy over time across subnational jurisdictions. Policy across occupations is stable, though there are important differences in the willingness of the employer to tolerate strikes and resolve impasses. Third, it appears that policy actors make three distinct sets of decisions: basic policy; the availability and mechanics of the arbitration mechanism; and the degree to which they provide public unions with institutionalized union security. The answer to why they do it hinges on factors of ideology and policy; the effects are mitigated when unionization is considered. What difference it makes, examines two variables in particular: unionization and service disruption. Piskulich reaches three conclusions: that a majority of subnational jurisdictions see value in collective bargaining for their public employees, that unions can help themselves, and that unionization and disruption vary with policies implemented. These findings provide insight into the larger questions on the role of organized labor in American democracy.
The chapters in this anthology deal with many of these all-encompassing constraints and how the various participants seek to deal with them. Model agreements, negotiating levers, the balance of power between managers and government employees, contracting-out versus producing in-house, the impact of bargaining unit structure on productivity, the relationship of municipal budget making to collective bargaining, public employee union growth and organizing trends, and many other topics are dealt with in this volume. These issues are discussed in the context of several specific types of public employees such as: municipal protection employees, mass transit workers, health professionals in relation to government service, and, the armed forces and civilian federal employees.
First published in 1993, this title explores the underlying ideologies and decision-making procedures that codify the rules of the post-World War II liberal, now defunct Soviet socialist, mercantilist and South preferential trade regimes. Food Fights presents a rich case study and rigorous data analysis of organised agrictultural trade that uncovers similarities between these diverse economic systems and identifies the principle trends governing the new global economy.
In recent years, researchers and practitioners have explored the nature, theory, and best practices that are required for effective and ethical crisis preparation and response. The consequences of being unprepared to respond quickly, appropriately, and ethically to a crisis are dramatic and well documented. For this reason, crisis consulting and the development of crisis response plans and protocols have become more than a cottage industry. Taking a rhetorical view of crisis events and utterances, this book is devoted to adding new insights to the discussion, and to describing a rhetorical approach to crisis communication. To help set the tone for that description, the opening chapter reviews a rhetorical perspective on organizational crisis. As such it raises questions and provokes issues more than it addresses and answers them definitively. The other chapters can be viewed as a series of experts participating in a panel discussion. The challenge to each of the authors is to add depth and breadth of understanding to the analysis of the rhetorical implications of a crisis, as well as to the strategies that can be used ethically and responsibly. Central to this analysis is the theoretic perspective that crisis response requires rhetorically tailored statements that satisfactorily address the narratives surrounding the crisis which are used by interested parties to define and judge it. This volume will be of value to scholars and students interested in crisis communication, and is certain to influence future work and research on responding to crises.
This book breaks new ground on a controversial subject in industrial relations and human resource management -- nonunion forms of employee representation in the workplace. Practiced in many different ways, such as joint committees, employee forums, and plant councils, nonunion methods of employee representation are spreading rapidly as part of employee involvement and participation programs. But these employee groups remain highly controversial and heavily restricted by labor law in the United States because of their potential abuse in union avoidance. The American approach stands in sharp contrast to policies in other countries, such as Canada, Germany and Japan, where nonunion employee representation is largely unrestricted or even encouraged by law. In this volume a distinguished, international set of authors provide an in-depth, balanced analysis and evaluation of this timely and much-debated topic. They give special emphasis to an historical assessment of nonunion employee representation, its practice and performance in modern workplaces, and cross-national differences in law and public policy. Recent proposals for reform of American legal treatment of nonunion employee representation are also carefully considered, and an evaluation and suggested plan of action are put forward. |
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