Collaborative bargaining

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Collaborative bargaining is a style of negotiation which recognises the interests of the other party and emphasises cooperation between them. It was especially promoted, practised and studied in the negotiations between school districts and teaching unions in the United States in the 1990s. It is compared and contrasted with more adversarial models of collective bargaining in which the parties may regard each other as enemies. [1]

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Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution, although conflicts are generally more deep-rooted and lengthy than disputes. Dispute resolution techniques assist the resolution of antagonisms between parties that can include citizens, corporations, and governments.

A trade union is an association of workers forming a legal unit or legal personhood, usually called a "bargaining unit", which acts as bargaining agent and legal representative for a unit of employees in all matters of law or right arising from or in the administration of a collective agreement. Labour unions typically fund the formal organization, head office, and legal team functions of the labour union through regular fees or union dues. The delegate staff of the labour union representation in the workforce are made up of workplace volunteers who are appointed by members in democratic elections.

Negotiation Dialogue intended to reach an agreement

Negotiation is a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues. Negotiation is an interaction and process between entities who compromise to agree on matters of mutual interest, while optimizing their individual utilities. This beneficial outcome can be for all of the parties involved, or just for one or some of them. Negotiators need to understand the negotiation process and other negotiators to increase their chances to close deals, avoid conflicts, establishing relationship with other parties and gain profit.

The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, passed in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.

Bargaining type of negotiation in which the buyer and seller of a good or service debate the price and exact nature of a transaction

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service debate the price and exact nature of a transaction. If the bargaining produces agreement on terms, the transaction takes place. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, they can deduce the buyer's willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager. Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.

Mutual Gains Bargaining (MGB) is an approach to collective bargaining intended to reach win-win outcomes for the negotiating parties.

Canadian Labour Congress trade union

The Canadian Labour Congress, or CLC is a national trade union centre, the central labour body in Canada to which most Canadian labour unions are affiliated.

The NHL Collective Bargaining Agreement (CBA) is the basic contract between the National Hockey League (NHL) and the NHL Players' Association (NHLPA), designed to be arrived at through the typical labour-management negotiations of collective bargaining. The most recent agreement, tentatively reached on January 6, 2013 after a labour dispute which cancelled 510 regular season games of the 2012–13 season, was ratified by the league's Board of Governors on January 9, 2013, as well as by the NHLPA membership three days later on January 12, 2013. As originally signed, the 2013 CBA was a 10-year deal, longest in NHL history, expiring after the 2021–22 season. On July 10, 2020, the NHL and NHLPA announced the extension of the CBA through the 2025-26 NHL season.

Enterprise bargaining is an Australian term for a form of Collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves.

Social dialogue is the process whereby social partners negotiate, often in collaboration with the government, to influence the arrangement and development of work-related issues, labour market policies, social protection, taxation or other economic policies. It is a widespread procedure to develop public policies in Western Europe in particular.

The Graduate Student Organizing Committee (GSOC) is a labor union representing graduate teaching and research assistants at New York University (NYU).

Social movement unionism (SMU) is a trend of theory and practice in contemporary trade unionism. Strongly associated with the labour movements of developing countries, social movement unionism is distinct from many other models of trade unionism because it concerns itself with more than organizing workers around workplace issues, pay and terms and conditions. It engages in wider political struggles for human rights, social justice and democracy. Social movement unionism grew out of political struggles in developing countries and was theorized as a distinct industrial relations model in the late 1980s and early 1990s.

An employers' organization or employers' association is a collective organization of manufacturers, retailers, or other employers of wage labor. Employers' organizations seek to coordinate the behavior of their member companies in matters of mutual interest, such as during negotiations with trade unions or government bodies. Employers' organizations operate like trade unions and promote the economic and social interests of its member organisations.

Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), deals with First Amendment rights and unions in public employment.

Bargaining power is the relative power of parties in a situation to exert influence over each other. If both parties are on an equal footing in a debate, then they will have equal bargaining power, such as in a perfectly competitive market, or between an evenly matched monopoly and monopsony.

<i>Getting to Yes</i> Book about negotiation methods by Roger Fisher

Getting to Yes: Negotiating Agreement Without Giving In is a best-selling 1981 non-fiction book by Roger Fisher and William L. Ury. Subsequent editions in 1991 and 2011 added Bruce Patton as co-author. All of the authors were members of the Harvard Negotiation Project. The book made appearances for years on the Business Week bestseller list. The book suggests a method called principled negotiation or "negotiation of merits".

Intra-household bargaining refers to negotiations that occur between members of a household in order to arrive at decisions regarding the household unit, like whether to spend or save, whether to study or work.

Fair Work Act 2009

The Fair Work Act 2009 is an Australian law passed by the Rudd Government after coming into power in 2007 to reform the industrial relations system in Australia. It replaced the previous Howard Government's WorkChoices legislation. It started operation on 1 July 2009.

The U.S. Women's National Soccer Team Players Association (USWNSTPA) is a labor union representing women soccer players in the United States, including the United States women's national soccer team. The organization’s primary mission is to protect the rights of the U.S Women’s National Team (USWNT) and to safeguard the economic and social welfare of all the Women National Team players.

References

  1. Gregory Paul Sampson-Gruener (2009), "Collaborative Bargaining vs. Collective Bargaining", An empirical analysis of educator beliefs related to post-industrial labor reforms in the State of Oregon, pp. 41–44, ISBN   978-1-109-04294-8