Resolving Negotiation Impasses and Developing Cooperation

1
SECTION 2

• Resolving Negotiation Impasses and Developing
  Cooperation

2
Resolving Impasses

• Note most negotiations avoid impasse
• One can use a 3rd party neutral
• Mediation
• Interest arbitration (different types)
• Med-Arb
• Fact-Finding
• Using economic muscle
• Strikes
• Lockouts

3
Issues Surrounding Strikes and Lockouts

• Strikes
• Can imply replacement workers
• Can affect secondary employers
• Can unify existing workers
• Can release worker tension
• Can be strategic to management
• Lockouts
• Are legal if impasse is reached
• Allow employer to prevent plant
  disruptions/seizure/spoilage

4
Unions affecting secondary employers

• Boycotts
• Picketing
• Hot-cargo clauses (apparel, clothing, and
  construction industries)
• National emergencies
• These significantly affect others in specific ways

5
Is there a right to strike?

• Commonwealth v. Hunt (1842)
• NLRA also protects this right
• Restrictions however, for
• Wildcat strikes
• National Emergency Strikes
• Secondary Strikes
• Recognition Strikes
• Public sector Strikes

6
Cooperative approaches

• Total Quality Management
• Relations by Objectives
• Preventative Mediation
• Joint Labor-Management Committees
• Are they legal?
• NLRB criteria (see Exhibit 7.8)