The Beginning - Section 1 - Collective Bargaining: How it Works and Why - 3rd Edition
Thomas R. Colosi is American Arbitration Association Vice President for National Affairs and a third-party neutral. He spends much of his time training advocates and neutrals about the workings of dispute resolution. He has taught as an adjunct professor for the University of Maryland Law School and at Cornell’s School of Industrial and Labor Relations.
Arthur E. Berkeley is Associate Professor at the Memphis State University’s School of Business, where he teaches alternative dispute resolution. He is involved in training programs as well as serving as an arbitrator. He served as the founding president of the Maryland Chapter of Industrial Relations Research Association.
Originally from Collective Bargaining: How it Works and Why - 3rd Edition
IN THIS SECTION we introduce our subject and a working definition of negotiation:
A process that affords the parties and/or the disputants an opportunity to exchange promises and commitments in an effort to resolve their differences and reach an agreement.
Why Negotiate?
There are many ways to resolve disputes. The traditional way has always been to simply overwhelm your adversary and in so doing achieve the settlement you desire. History is replete with tales of invasions, murders, torture and other forms of annihilation. Employee relations is not without its own litany of violence: the Homestead Strike, the Haymarket Riot, the Ludlow Massacre and the Republic Steel-Memorial Day 1931 carnage are but a few of the most egregious illustrations of violence and turmoil.
It is often said that no one wins a lockout or strike—even a peaceful one. The employees lose wages, benefits, economic security and sometimes even their jobs; the employer loses production, services are not performed as customers or clients expect, the continuity of the enterprise is disrupted and ultimately, at least in some cases, the enterprise is dealt such a mortal blow that it never recovers fully.
Why negotiate?
The Difficulty with Elections
Animus Negotiandi
Negotiations Defined and Examined
Points to Ponder