Definition of Labor Relations

Employees join unions for a variety of reasons, including a company's management's refusal to address their problems. Establishing a union allows workers to jointly communicate their difficulties to their employers, giving them an advantage during negotiations (Freeman & Hilbrich, 2013). When a company's management is open to their employees' problems, they are less likely to desire to unionize. When they believe the leadership is not paying attention, they frequently join unions as a last resort. This is why I agree with the statement above; if the management does not pay attention to the demands of its workers, then the company deserves a union.


Unionization occurs when the leadership neglects to address the issues raised by employees about working conditions, low wages, inequality, and long working hours with minimum compensation (Nowak, 2015). To prevent this from happening, a company should create a conducive environment that prevents unionization through upholding fair labor practices. The first thing to do would be creating a good relationship between the leadership and the employees. Once employees notice cold, unresponsive treatment from the management, they are likely to seek alternative means to address their problems. The administration should open up the communication channels so that the workers can freely inform them about the challenges they face in the workplace (Orechwa, 2015). Once the employees do this, the management should ensure that they address these issues. It is of no benefit to ask employees to be open about their problems if the management is not committed to addressing them.


Secondly, the company should put in place measures to ensure the working conditions are favorable. The leaders should promote work safety so that the employees are protected all times; this contributes to job satisfaction (Masood, Aslam & Rizwan, 2014). The workload should also be moderate to prevent the overworking of the employees. Lastly, there should be competitive remuneration packages in place to keep the workers comfortable. When the employees are fairly compensated for their services, there will be no unrest in the company.


Select two non-economic means of impasse resolution 1) explain how each one functions 2) Discuss relative pros and cons of each


The non-economic impasse resolution methods are the best options for companies and their employees during a negotiation. The use of economic weapons leads to losses on both sides; the workers don’t get paid, and the employer loses revenue for every day that the employees don’t show up to work. One of the impasse resolution methods that the two parties can use is mediation. Mediation involves a neutral third party who comes in to help with the negotiation in the hope of reaching a favorable agreement for both sides. The person chosen to carry out this process can be anyone as long as they are knowledgeable on the issues being discussed and is trusted by both parties. The primary function of the mediator is to allow the parties involved to reach an agreement peacefully (Cunningham, 2015).


This process entails the application of a variety of tactics to ensure its success. When the negotiations kick off, the mediator is in charge and sets the rules of engagement. He then gives a chance for the two sides to express their dissatisfaction that led to the impasse. The mediator takes notes and starts coming up with suggestions that might help to bring an end to the stalemate. If the parties do not see eye to eye, the mediator is responsible for maintaining the flow of information between them. Once everyone hears what the other has to say, the mediator can initiate settlement based on the observations made and the priorities of the people involved. When both are comfortable, the mediator helps them to reach an agreement in writing and leaves it to them for implementation.


Mediation has its benefits when used effectively. It can save on time especially when the matter causing the impasse is not weighty and when the mediator has experience. The parties reach an agreement themselves, and therefore, there is a high chance of the successful implementation of the final decision. One of the disadvantages is the inability of the mediator to force the parties involved to cooperate. If there is no cooperation, nothing further can be done. Due to the possible hard lining of one or the two sides, mediation can waste a lot of time.


Arbitration differs from mediation in the sense that the third party involved makes the final decision on behalf of the disputing parties (PON Staff, 2017). They have no choice but to accept the decision made on their behalf. The parties present their grievances together with the evidence to support their claim, and at the end, the arbitrator decides on the best way forward for them. The arbitration process tries to be as fair as possible while trying to include a few aspects of negotiations between the two parties. The arbitrator, when making the decision, considers the circumstances of the two sides and settles on an agreement based on knowledge and experience. The final decision of the arbitration process is binding and for this reason, this option is more efficient in breaking a stalemate.


One of the advantages of arbitration is promoting neutrality through ensuring no party has the upper hand in the discussion; the final answer lies with the arbitrator (Kartuzov, 2015). There is also less time wastage since no time is spent on negotiating and trying to reach a common ground. The disadvantage is people may use it as a way to escape negotiating and trying to listen to the other party. Negotiations offer the disputing parties a chance to understand each other’s angles leading to a more comprehensive agreement.


With the decline in unions, have career and work dissatisfaction and alienation increased?


The decline of unions in the private sector has negatively affected the workplace satisfaction and economic equality (Kristof, 2015). The unions ensured that their members got the best deals regarding wages, benefits and working conditions. Workers don’t have this anymore. With the decline in the union membership, workers have little bargaining power as the employers set all the terms leading to the loss of the worker’s voice (Addison, 2014). When the workers can’t speak for themselves, there is alienation in the workplace due to the divide between the leadership and the employees. With no bridge to unite them, their grievances cannot be addressed leading to dissatisfaction in the workplace.


The union membership decline contributes to the reduction in wages for the non-unionized workers (Rosenfeld, Denice, & Laird, 2016). According to their study, Rosenfeld, Denice, and Laird (2016) reported that the weekly wages for non-unionized male workers in the private sector would be 5% more than their current earnings had they been part of a union. This figure translates to $2704 for an employee who works all year. This is a significant amount of money that would help to make their lives better. Unions help to set the bar for what employers should pay their workers even when they are not part of a union (Jaumotte & Burton, 2015). This is because, if an employee notes that a different company, whose employees are unionized, is paying more, they are likely to move there. The employers would be forced to raise their wages to reduce turnover and increase employee satisfaction. This is however not happening in the current environment. As the union density decreases around the country, the workers are dissatisfied but have no alternatives.


Identify and explain the major ways in which the government is an important participant in labor relations


The government has a significant role to play when it comes to acting as a go-between in the employer-employee relationship (Gold, 2014). There is a delicate balance between the two, and often, the employee needs extra help from the government to ensure that they have equal bargaining power. The government comes in to protect the employees so that the employer does not take unfair advantage of them. The government also safeguards the interest of the company so that their investments do not stall when they have disputes with the workers.


The government comes up with laws that protect the employer and the employee. One such law that protects the rights of the employees is the National Labor Relations Act (NLRA). This act gives the employees freedom to form or join unions that increase their bargaining power to enable them to table their grievances to their employers (“Complying with the U.S.,” 2016). The act also established a board which ensures that the law is implemented through enforcing fair labor practices. In the event of an impasse during negotiations, the board plays the role of arbitrator to make sure that both sides are satisfied. The government also came up with the Occupational Safety and Health Act to improve the working conditions of the employees. Under this law, the employers are mandated to provide a safe environment for the workers so that they do not suffer any harm (U.S. Department of Labor, 2016). This law prevents the discrimination or alienation in the workplace based on safety issues.


For the employers, the Taft-Hartley Act exists to safeguard them against unfair labor practices by the unions that bargain on behalf of the employees (Andrias, 2016). When the business owner experiences these unfair practices, such as inciting workers to strike when there is no room for that in the company rules, he is free to sue the union. These laws are the government’s way to create a balance in the relations between the employer, the unions, and the employees.


References


Addison, J. T. (2014). The consequences of trade union power erosion. IZA World of Labor. Retrieved from https://wol.iza.org/uploads/articles/68/pdfs/consequences-of-trade-union-power-erosion.pdf


Andrias, K. (2016). The New Labor Law. Yale Law Journal, 126(1). Retrieved from http://www.yalelawjournal.org/article/the-new-labor-law


Complying with U.S. Labor Relations Laws in Non-Union Settings (2016). Society For Human Resources Management. Retrieved from https://www.shrm.org/resourcesandtools/tools-and samples/toolkits/pages/lawsinnonunionsettings.aspx


Cunningham, T. (2015). Dispute Resolution under the Principal Irish Forms of Building Contract. Retrieved from http://arrow.dit.ie/cgi/viewcontent.cgi?article=1054&context=beschreoth


Freeman, R. B., & Hilbrich, K. (2013). Do labor unions have a future in the United States? Retrieved from http://nrs.harvard.edu/urn-3:HUL.InstRepos:10488702


Gold, M. E. (2014). An introduction to labor law. Cornell University Press. Retrieved from http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1092&context=books


Jaumotte, F., & Buitron, C, O. (2015). Inequality and Labor Market Institutions. International Monetary Fund. Retrieved from https://www.imf.org/external/pubs/ft/sdn/2015/sdn1514.pdf


Kartuzov, Mikhail (2015) Advantages and Disadvantages of International Commercial Arbitration in Comparison To Litigation and Other Means of Dispute Resolution. European Political and Law Discourse, 2(3), 64-68 Retrieved from http://eppd13.cz/wp-content/uploads/2015/2015-2-3/11.pdf


Kristof, N. (2015). The Cost of a Decline in Unions. The New York Times. Retrieved from https://www.nytimes.com/2015/02/19/opinion/nicholas-kristof-the-cost-of-a-decline-in-unions.html


Masood, A., Aslam, R., & Rizwan, M. (2014). Factors Affecting Employee Satisfaction of the Public and Private Sector Organizations of Pakistan. International Journal of Human Resource Studies, 4(2), 97. Retrieved from http://www.macrothink.org/journal/index.php/ijhrs/article/viewFile/5902/4800


Nowak , P.(2015),The past and future of trade unionism. Employee Relations, 37(6), 683 - 691 http://dx.doi.org/10.1108/ER-04-2015-0064


Orechwa, W. (2015). Top Union Avoidance Tips That Will Transform Your Strategy. LinkedIn. Retrieved from https://www.linkedin.com/pulse/top-union-avoidance-tips-transform-your-strategy-walter-orechwa


PON Staff, 2017. What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation. Harvard Law School. Retrieved from https://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-resolution-what-to-know-about-mediation-arbitration-and-litigation/


Rosenfeld, J., Denice, P., & Laird, J. (2016). Union Decline Lowers Wages of Nonunion Workers. Economic Policy Institute. Retrieved from http://www.epi.org/publication/union-decline-lowers-wages-of-nonunion-workers-the-overlooked-reason-why-wages-are-stuck-and-inequality-is-growing/#


U.S. Department of Labor (2016). OSHA's final rule to 'nudge' employers to prevent workplace injuries, illnesses. Retrieved from https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=31860

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