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This report is aimed at discussing the options that the management of a company can take provided that the negotiations with the labor union reach a deadlock. In particular, one should focus on the involvement of strikebreakers, lockouts, mediation, and arbitration.
These are the main strategies that can be identified. In this case, the main goal is to find ways of resolving the conflict between employees and business administration. Therefore, one should seek a decision that can benefit various stakeholders.
First of all, the management can involve strikebreakers who can maintain the functioning of the organization. In most cases, companies do not have a right to substitute the union employees in this way. Furthermore, they cannot dismiss workers because they are the members of a trade union.
Nevertheless, an organization is allowed to replace striking employees in order to maintain or re-start the operations of a company. This strategy is plausible in those cases when the disruptions of the operations can put the sustainability of an organization at risk. This is one of the aspects that can be identified.
Another strategy that can be taken is lockouts. This means that a company does not enable the employees to enter the workplace during the negotiations. For instance, a business can hire the guards who will prevent the workers from entering the premises.
This option can be legal only if the requirements of the labor unions can endanger the financial sustainability of a company. The main similarity of the first two options is that they can be legitimate only in several circumstances.
Additionally, the involvement of strikebreakers and the use of lockouts are not likely to resolve the conflict between the management and workers. More likely, these strategies can assist business to avoid costly disruptions. These are some of the main limitations that should be considered.
There are two other options that can be selected. In particular, one can speak about mediation which means that employers and trade unions involve a third party. This organization can recommend a decision that can meet the needs of businesses and trade unions.
On the whole, mediators should be impartial, and they should consider the interests of various stakeholders. This is one of the most requirements that can be singled out. However, one should keep in mind that this recommendation cannot be imposed on the parties.
Trade unions and employees are not legally required to accept the decision of a mediator. This is one of the points that can be made.
Finally, it is necessary to speak about arbitration. This option is also based on the premise that employers and trade unions attract an impartial third-party. The most important difference is that the decision of the arbiter has a binding power for the management and labor unions.
Therefore, both parties should make sure that the third party is objective in its evaluation of the conflict. This is one of the main distinctions that should be taken into account.
Overall, these examples suggest that the most suitable options are mediation and arbitration because in this way, both sides can place themselves in the position of one another. Lockouts and the use of strikebreakers can help a business to maintain operations.
Nevertheless, they are suitable for settling disagreements between the management and workers. These are the main options that should be considered.
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