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LET'S MAKE SURE ALL QUESTIONS ARE COVERED AND ANSWERED, and no negative responses to each student’s post
Amy Norton TuesdayApr 11 at 10:32am The National Labor Relations Board was founded at a time when the workers were underrepresented in the workplace and needed help when seeking improvement of pay and working conditions. The impact of the NLRB and the courts to generate equality of bargaining power between unions and employers is to ensure the negotiation power doesn’t just lie on one side of the table. If employers had all the power, the negotiations would always go in their favor and vice versa. To meet the goals, it is important that these discussions are equal between both groups. “The authors of the original NLRA understood the fundamental truth that without equality of bargaining power workers would never be able to negotiate fairly with employers.” (Mirer, 2013) Adding the alternate dispute resolution (ADR) into the processes of working through disputes can be helpful when dealing with workplace disputes between employees and employers. Engaging in this process right away when an issue is raised could save a lot of time for both the employees and employer. “Over the years arbitration has grown dramatically and represents an alternative to lengthy litigation.” (Miller, 1994) The process of putting the two parties together with a non-biased arbitrator to help work through the problem before spending time and money going thru the court system could prove to be very efficient. However, this may not always fix the issue and the arbitrator makes the final decision after hearing both arguments. If the two parties cannot come to an agreement even with a mediator there to help work through the concern, and they arbitrator makes the final decision. The issue may end up in the courts anyway if one party is not satisfied. “More often than not, it is an all or nothing result, enforceable by judicial judgement, that causes both parties to walk away from the arbitration table after lengthy and expensive preparation with at least one party totally dissatisfied.” (Miller, 1994) To prevent lockouts and strikes, I believe the NLRA should modify its bargaining agreements to include the ADR process. Lockouts and strikes can negatively impact both employees and employers and it would be best to work to prevent them as soon as possible. The two parties can reach an agreement through an ADR quickly as the final decision is made by an arbitrator. Both parties agree to make their case and accept the decision that is made. “The award is final and binding on the parties – and it is final and binding because the parties have agreed that it should be, rather than because of the coercive power of any State.” (Waqar, 2022) Miller, Seymour W. (1994). Mediation – an Alternate Dispute Resolution Methodology Whose Time Has Come. The CPA Journal. Vol. 64. Iss. 7. Mediation - an alternate dispute resolution methodology whose time has come - Document - Gale Business: InsightsLinks to an external site. Mirer, Jeanne. (2013). Right-to-Work Laws: History and Fightback. National Lawyers Guild Review. RIGHT-TO-WORK LAWS: HISTORY AND FIGHTBACK.: Library OneSearch. (ebscohost.com)Links to an external site. Waqar, Mahnoor. (2022). The Use of AI in Arbitral Proceedings. Ohio State Journal on Dispute Resolution. THE USE OF AI IN ARBITRAL PROCEEDINGS.: Library OneSearch. (ebscohost.com) Marcus Mccall YesterdayApr 12 at 8:26am The National Labour Relations Board is an independent federal agency in the United States responsible for enforcing and interpreting national labor relations activities, also known as the Wagner Act. This demonstration ensures the specialists can shape and join worker's guilds and participate in aggregate haggling in one structure or the other. This is focused on protecting the concerted activities for collective bargaining and other mutual aid and protection of the employees. In addition, this particular board investigates and provides remedies for unfair labor practices (Cohen et al., 2019). It is also relevant that it allows for the significance of conducting representation elections and certifying unions as the exclusive bargaining representatives of the employees in a particular workplace or industry. It is also apparent that this board is vital in guiding employers and employees regarding the rights and obligations under the Act Act of NLRA. The Act was enacted by Congress in 1935 to protect the rights of workers to organize and bargain collectively with their employers. It is considered one of the essential pieces of labor legislation in US history, and it has significantly impacted the development of labor law and policy in the United States. The board and decodes have significantly impacted the equality of bargaining power between unions and employers in the United States. The committee was responsible for investigating and providing remedies for unfair labor practices which helped to level the playing field for workers in their negotiations with employers. In addition, the courts have played a critical role in interpreting and enforcing the National Labour Relations Act, which has helped protect workers' rights (Stone et al., 2019). One of the main issues facing labor relations in the United States is the prevalence of strikes and lockouts, in which candies drop the economy and cause significant harm to workers and employers alike. One of the potential solutions to this problem is the inclusion of alternative dispute resolution in the NLRA. This particular mechanism, such as mediation and arbitration, can provide a more efficient and caused effective way to resolve labor disputes than traditional litigation or job actions. However, there are also potential drawbacks, including the context of ADR in NLRA. Some critics are that this mechanism may favor employees over workers, mainly if the arbitrator or mediator is biased or needs more expertise to understand the issues involved. In a more particular scenario, some unions may be reluctant to give up their right to strike or lockout, which they see as a critical tool for securing better wages and working conditions (Budd et al., 2020). In this aspect, it is adequate to mention that NLRA should be modified to include ADR or interest-based bargaining to prohibit lockouts and strikes, which is a complicated issue that requires careful thought of the potential advantages and downsides of each methodology. It is essential to ensure that any changes to the NLRA are fair and equitable for workers and employers and that they promote productive and stable labor relations in the United States. References: Budd, J. W., & Bhave, D. P. (2019). Alternative dispute resolution in labor relations. Research in Personnel and Human Resources Management, pp. 37, 49–97. Cohen, A. S. (2020). Beyond Adversarial Bargaining: A Case for Interest-Based Bargaining in Labor-Management Negotiations. Labor Law Journal, 71(1), 5–20. Stone, K. A. (2018). The Role of the National Labor Relations Board in Labor Relations. Journal of Labor Research, 39(4), 455–472. Marilyn Faulkenburg 12:03pmApr 13 at 12:03pm Marcus, your discussion on the NLRA and adding the ADR to the contract was detailed. You justified why this would be a good addition to the contract. It would take some work to get this added but I think in the end it is the best solution.