M5D1: Negotiation Strategies & M5D2: Resolving Impasses in Negotiations

M5D1: Negotiation Strategies
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Image of two businessmen negotiating strategies

Before you begin this activity, be sure that you have:

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Read Textbook, Chapter 11
Reviewed the PowerPoint for:
Chapter11 [PDF file size 7.0 MB]
Listened to:
Radio Interview on Collective Bargaining Process (Links to an external site.)Links to an external site.

This discussion will help you understand the negotiations process and strategies that the parties may employ to reach agreement on the terms of a new contract.

As you have read in your text and in the comments above, bargaining often entails elements such as over-stating demands, bluffing and camouflaging final positions. As a result, good and bad faith regulations are easier to define than to implement.

In your initial post please address the following:

Discuss the different types of evidence that might be used to prove or disprove a charge of bad-faith bargaining. Be sure to explain why the evidence proves/disproves bad-faith bargaining.

Once you have posted your response, you must also read through your classmates’ posts. From the responses choose some that you find interesting and respond substantively to them. You are also responsible for responding to students who post comments regarding your initial posts. The goal is to create a dialog among the class.

See the Course Calendar for due dates for posts and responses.

Consult the Discussion Posting Guide for information about writing your discussion posts. It is recommended that you write your post in a document first. Check your work and correct any spelling or grammatical errors. When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”

To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.
Evaluation

This discussion will be graded using the discussion board rubric. Please review this rubric, located on the Rubrics page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion. All discussions combined are worth 20% of your final course grade.

M5D2: Resolving Impasses in Negotiations
No unread replies. No replies.
Image of a group of business people shaking hands

Before you begin this activity, be sure that you have:

Read Textbook, Chapters 11 & 12
Reviewed the PowerPoints for:
Chapter 11 [PDF file size 7.0 MB]
Chapter 12 [PDF file size 11.0 MB]
Reviewed the Video:
Series of news reports regarding the 2003 Southern California Supermarket Strike and Lockout (Links to an external site.)Links to an external site.
Listened to:
Radio Interview on Collective Bargaining Process (Links to an external site.)Links to an external site.

In this discussion, we will examine processes for resolving impasses in bargaining. As part of our discussion, we will consider the efficacy of the strike and lockout as economic weapons to help force parties into reaching an agreement.

To help resolve impasse, parties have turned toward mediation and fact-finding as techniques to help find common ground for agreements. Both mediation and fact-finding involve the use of a neutral third party to help the union and management reach an agreement. Neither process, however, can force a party into accepting specified terms within the agreement. Interest arbitration, however, can resolve the impasse by permitting the neutral party to make the decision on the terms of the agreement. [The use of arbitration to resolve grievances that arise as a result of alleged violations of the agreement or disagreement regarding the interpretation of the language in the agreement is well accepted in the U.S. system of labor relations. This type of arbitration is referred to as grievance arbitration.] However, in the private sector, we do not see the parties frequently using interest arbitration as a means to resolve an impasse.

In your initial post please address the following:

Why is interest arbitration used so infrequently in the private sector?

Once you have posted your response, you must also read through your classmates’ posts. From the responses choose some that you find interesting and respond substantively to them. You are also responsible for responding to students who post comments regarding your initial posts. The goal is to create a dialog among the class.

See the Course Calendar for due dates for posts and responses.

Consult the Discussion Posting Guide for information about writing your discussion posts. It is recommended that you write your post in a document first. Check your work and correct any spelling or grammatical errors. When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”

To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.
Evaluation

This discussion will be graded using the discussion board rubric. Please review this rubric, located on the Rubrics page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion. All discussions combined are worth 20% of your final course grade.

 

Expert Answer

 

Negotiation Strategies

Discussion

It can be extremely difficult to prove bad faith bargaining in a negotiation situation. Nevertheless, it is possible to prove it. There are several types of evidence that one can use to prove bad faith bargaining. The first type of evidence is where after a negotiation is complete, one of the parties suddenly changes or modifies a key position that they had earlier agreed upon during the negotiation. When a party suddenly changes one of the main positions that they had agreed upon after the negotiations are complete, the party did not intend to bargain in good faith but rather wanted just to stall the negotiations or gain an advantage in the subsequent negotiations or talks (Cox, 1957). Another type of evidence is where a party has no intention to enter negotiations or where a party to a negotiation does not intend to bargain at all. This party’s intention is to stall the negotiation process and delay the resolution through false bargaining. Proving this allegation is, however, quite difficult.

References

Cox, A. (1957). The duty to bargain in good faith. Harv. L. Rev., 71, 1401.

 

Resolving Impasses in Negotiations

Why Interest Arbitration is Used Infrequently in the Private Sector

The reason why interest arbitration is used very infrequently in the private sector is that both union representatives and management have a strong desire to control the outcome of the interest dispute (Drahozal & Ware, 2010). In the private sector, these parties are not willing to grant authority to an external arbitrator. In most cases, union-management interest disputes end up being resolved voluntarily by the parties. Where there is a need for assistance, the unions and management prefer mediation as opposed to interest arbitration (Gould, 1969). Union representatives and management in the private sector are generally very reluctant to giving control of the process of resolving disputes to any third parties, which results in loss of cost and time control. Management is the most reluctant to interest arbitration, having concerns such as the possibility of the arbitrator failing to take into account the economic effects of their decision on the company, and the negative effects that the arbitration process may have on the organization and bargaining parties.

References

Drahozal, C. R., & Ware, S. J. (2010). Why do businesses use (or not use) arbitration clauses? Ohio St. J. on Disp. Resol., 25, 433.

Gould, W. B. (1969). Public Employment: Mediation, Fact Finding and Arbitration. American Bar Association Journal, 835-841.

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