Question

What third-party interventions are available to handle an impasse during collective bargaining? Discuss each type of intervention in a brief essay.

Answer 1

Let us discuss the question by breaking it into three parts .first we will see what is collective bargaining,secondly what is third party intervention and thirdly what third party interventions are available?

Collective bargaining means a process of negotiation between the group of employees and the employer aimed at an agreement to regulate issues related to salary ,work condition,benefits and other aspects of worker's compensation and their rights.

What is third party negotiation?

Some times their is a serious conflict during course of negotiation as such that coming to conclusion between the labor and management becomes critical.Thus when the negotiations break down then their is a way to come out a conclusion called third party negotiations.The parties may ask a third party, known as mediator or arbitrator, to resolve the impasse.

The types of third party interventions are

1)MEDIATION:

A neutral third party or person is assigned to act as a mediator between the organization and the labor .This mediator generally holds meeting with each party to determine what is each of their opinion or where they stand regarding their stand.Then,the required ground is being  prepared to settle the issue . Most important the mediator does not have the authority to impose his/her decision. To be successful in mediating role, the mediator must have the confidence of both parties and is perceived as truly impartial and unbiased.

2)ARBITRATION:

Arbitration is the most commonly used and most definitive and effective type of third party intervention  in resolving disputes. An arbitrator is empowered to determine and dictate the terms of negotiation. This facilitates the arbitrator to guarantee a solution to an impasse.

Arbitration is of two types one is binding and other is non binding.. In case of binding arbitration, both parties are bound to accept the arbitrator’s decision. The parties are not committed to the arbitrator’s decision in case of non-binding arbitration.

3)FACT FINDING:

In certain emergency type situation a fact - finder is appointed in order to resolve the situation.Fact finder unlike mediator is a neutral party who studies the issue involved in the presented situation.Based on his studies and dissection of the problem he or she makes public recommendation as in what ought to be done.Fact-finding is rare in the private sector. This is commonly used in public sector to settle disputes among the parties.