NCJ Number
95205
Date Published
1984
Length
311 pages
Annotation
An analytical perspective is presented of the negotiation and mediation process among representatives of continuing organizations, such as unions and public and private management.
Abstract
The industrial relations system is described, and the ways that this system and its environment have evolved and shaped the negotiations process and its outcomes are considered. The mechanisms designed by labor, management, and governments to resolve various classes of disputes are examined. Four major functions of strikes over agreements among established parties are analyzed: to change the structure of bargaining, to change the relations between the principal negotiators and their constituents, to change the budget allotment or policy of a government agency, and to change a bargaining position of the other side. While the strike is still used (subject to very detailed contract regulation) to settle disputes during the life of some agreements on some issues, the right to strike over grievances during an agreement term has been generally eliminated. The right to strike in jurisdictional disputes and in certain defined secondary boycotts has been eliminated by statute. The parties to collective bargaining should be encouraged to develop provisions in their agreements to be followed when the agreements are open for further negotiation or cancellation. Joint consultation and labor-management-government committees are discussed. Also considered is a social contract designed to generate consensus and problemsolving and to achieve cooperation. Approximately 170 references are included.