Effective Resolution of Collective Labour Disputes

Effective Resolution of Collective Labour Disputes

Author: A. F. M. Brenninkmeijer

Publisher: Europa Law Publishing

Published: 2006

Total Pages: 180

ISBN-13: 9789076871615

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In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.


Book Synopsis Effective Resolution of Collective Labour Disputes by : A. F. M. Brenninkmeijer

Download or read book Effective Resolution of Collective Labour Disputes written by A. F. M. Brenninkmeijer and published by Europa Law Publishing. This book was released on 2006 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.

Mediation in Collective Labor Conflicts

Mediation in Collective Labor Conflicts

Author: Martin C. Euwema

Publisher: Springer

Published: 2019-05-28

Total Pages: 339

ISBN-13: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.


Book Synopsis Mediation in Collective Labor Conflicts by : Martin C. Euwema

Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Author: Adrienne E. Eaton

Publisher: Cornell University Press

Published: 1999

Total Pages: 314

ISBN-13: 9780913447772

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Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.


Book Synopsis Employment Dispute Resolution and Worker Rights in the Changing Workplace by : Adrienne E. Eaton

Download or read book Employment Dispute Resolution and Worker Rights in the Changing Workplace written by Adrienne E. Eaton and published by Cornell University Press. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.

Workplace Dispute Resolution

Workplace Dispute Resolution

Author: Sandra E. Gleason

Publisher: MSU Press

Published: 1997

Total Pages: 320

ISBN-13:

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Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that matches the type and stage to which it has progressed while also serving the needs of those who use the system. Contributors to this collection provide a variety of viewpoints, including international perspectives, that help explain why employers who are committed to effective dispute management will use a combination of preventive and remedial dispute resolution mechanisms to address conflicts based primarily on interests, rights, or power. Several essays also investigate how the interpersonal nature of a relationship between people determines the method selected to handle disputes, the impact of the lens of gender on our thinking about negotiation as a social activity for problem solving, and the tension between self-interest and fairness in negotiation and the use of justifications and impression management to resolve this tension.


Book Synopsis Workplace Dispute Resolution by : Sandra E. Gleason

Download or read book Workplace Dispute Resolution written by Sandra E. Gleason and published by MSU Press. This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that matches the type and stage to which it has progressed while also serving the needs of those who use the system. Contributors to this collection provide a variety of viewpoints, including international perspectives, that help explain why employers who are committed to effective dispute management will use a combination of preventive and remedial dispute resolution mechanisms to address conflicts based primarily on interests, rights, or power. Several essays also investigate how the interpersonal nature of a relationship between people determines the method selected to handle disputes, the impact of the lens of gender on our thinking about negotiation as a social activity for problem solving, and the tension between self-interest and fairness in negotiation and the use of justifications and impression management to resolve this tension.

Labour Disputes and their Resolution in China

Labour Disputes and their Resolution in China

Author: Jie Shen

Publisher: Chandos Publishing

Published: 2007-02-28

Total Pages: 0

ISBN-13: 9781843341802

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The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed.


Book Synopsis Labour Disputes and their Resolution in China by : Jie Shen

Download or read book Labour Disputes and their Resolution in China written by Jie Shen and published by Chandos Publishing. This book was released on 2007-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed.

Regulating Strikes in Essential Services

Regulating Strikes in Essential Services

Author: Moti (Mordehai) Mironi

Publisher: Kluwer Law International B.V.

Published: 2018-11-09

Total Pages: 618

ISBN-13: 904119018X

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Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.


Book Synopsis Regulating Strikes in Essential Services by : Moti (Mordehai) Mironi

Download or read book Regulating Strikes in Essential Services written by Moti (Mordehai) Mironi and published by Kluwer Law International B.V.. This book was released on 2018-11-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.

Impasse and Grievance Resolution

Impasse and Grievance Resolution

Author: Harry Kershen

Publisher: Routledge

Published: 2019-03-19

Total Pages: 166

ISBN-13: 135184363X

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Praised by reviewers as a superior book in the field of public sector bargaining, "Impasse and Grievance Resolution" is the classic "how to" text for the resolution of new contract disputes and ongoing contract grievances. Comprehensive, up-to-date, full of good practical advice. "Impasse and Grievance Resolution" is the ideal addition to your own professional library.


Book Synopsis Impasse and Grievance Resolution by : Harry Kershen

Download or read book Impasse and Grievance Resolution written by Harry Kershen and published by Routledge. This book was released on 2019-03-19 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praised by reviewers as a superior book in the field of public sector bargaining, "Impasse and Grievance Resolution" is the classic "how to" text for the resolution of new contract disputes and ongoing contract grievances. Comprehensive, up-to-date, full of good practical advice. "Impasse and Grievance Resolution" is the ideal addition to your own professional library.

Labour Dispute Resolution

Labour Dispute Resolution

Author: John Brand

Publisher: Juta

Published: 1997

Total Pages: 338

ISBN-13:

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With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.


Book Synopsis Labour Dispute Resolution by : John Brand

Download or read book Labour Dispute Resolution written by John Brand and published by Juta. This book was released on 1997 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.

The Complete Guide to Conflict Resolution in the Workplace

The Complete Guide to Conflict Resolution in the Workplace

Author: Marick Francis Masters

Publisher: Amacom Books

Published: 2002

Total Pages: 360

ISBN-13: 9780814406298

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People thrive on conflict in most areas of their lives - football games, political debates, legal disputes - yet steer clear from workplace conflicts. But conflict is actually a healthy way to challenge the existing order and essential to change in the workplace. The real problem is not conflict per se, but managing conflict. This authoritative manual explains step by step how to design a complete conflict resolution system and develop the skills to implement it. Packed with exercises, case studies, and checklists, the book also supplies: * an overview of workplace conflict * diagnostic tools for measuring it * techniques for resolving conflict, such as negotiation, labor/management partnerships, third-party dispute resolution, mediation, arbitration, more." "


Book Synopsis The Complete Guide to Conflict Resolution in the Workplace by : Marick Francis Masters

Download or read book The Complete Guide to Conflict Resolution in the Workplace written by Marick Francis Masters and published by Amacom Books. This book was released on 2002 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: People thrive on conflict in most areas of their lives - football games, political debates, legal disputes - yet steer clear from workplace conflicts. But conflict is actually a healthy way to challenge the existing order and essential to change in the workplace. The real problem is not conflict per se, but managing conflict. This authoritative manual explains step by step how to design a complete conflict resolution system and develop the skills to implement it. Packed with exercises, case studies, and checklists, the book also supplies: * an overview of workplace conflict * diagnostic tools for measuring it * techniques for resolving conflict, such as negotiation, labor/management partnerships, third-party dispute resolution, mediation, arbitration, more." "

Labour Dispute Resolution

Labour Dispute Resolution

Author: Robert Heron

Publisher: International Labour Office

Published: 1999

Total Pages: 52

ISBN-13: 9789221114161

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Book Synopsis Labour Dispute Resolution by : Robert Heron

Download or read book Labour Dispute Resolution written by Robert Heron and published by International Labour Office. This book was released on 1999 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: