Dispute Resolution Group 7 Adam, Bret, Matt, Angie, Kyle, & Jake Group 8 Ashley, Cindy, Damien, Mark, Jill, Erik, & Brandon

Third-Party Involvement Mediation Fact-Finding Arbitration

Mediation Neutral third party provides assistance in reaching agreement Mediator is always a go-between Mediator provides leadership – making position on issue clear Does not have authority to insist on position or make concession

Mediation Communicates assessments Likeliness of strike Possible settlement packages available

Mediation Mediators available to employers and unions U.S. Federal Mediation and Conciliation Service (FMCS) State conciliation services Private third-party

Fact-Finding Neutral third party appointed in certain situations Studies issues Makes public recommendation of reasonable settlement

Arbitration Neutral third party may decide and dictate settlement terms Most definitive type of intervention Unlike mediation and fact-finding, can guarantee solution to impasse Voluntary or compulsory (imposed by government agency)

Arbitration Binding Arbitration Both parties committed to accepting arbitrator’s award Nonbinding Arbitration Both parties NOT committed to accepting arbitrator’s award

Strikes Withdrawal of labor Often avoidable – result of mistake during bargaining process Discrepancies between union leaders’ and members’ expectations Misperceptions about each side’s bargaining goals

Strikes Economic Strike Results from failure to agree on terms of a contract Unfair Labor Practice Strike To protest illegal conduct by employer Wildcat Strike Unauthorized strike occurring during contract term Sympathy Strike One union strikes in support of another union strike

Picketing One of first activities occurring during a strike Informs public about existence of labor dispute Encourages others to refrain from doing business with the employer against whom employees are striking

How should employer respond to strikes? Shut down affected area and halt operation until strike is over Contract out work during duration of strike Continue with business as usual with other non-striking employees filling in where possible

How should employer respond to strikes? If Economic Strike replacements can be deemed permanent, employers would not have to make room for strikers who decide to return to work If Unfair Labor Practice Strike, strikers are entitled to return to their jobs if employer makes an offer for them to do so

QUESTIONS