GPA框架下的美国政府采购争议解决机制研究

政府采购争议解决机制是保障政府采购制度的透明度和公正性的重要程序设置。文章从WTO《政府采购协议》（GPA）有关争议解决程序的规定出发,详细解读了美国政府采购活动中给予利益相关方的各种救济权利,包括向采购机构提出异议、向政府责任办公室提出申诉、向联邦索赔法院提起诉讼等,对我国修订《政府采购法》相关规定具有借鉴价值。     

Managerial third party dispute resolution: An overview and introduction to the special issue

In this article I review each of the five articles included in the special issue on managerial third party dispute resolution. This review is followed by a brief listing of the goals for this special issue and three suggestions for future research. These suggestions include the need for more focus on the nonunion sector, a call for interdisciplinary research, and a plea for research concentrating on managerial third party dispute resolution in other cultures.     

Knowledge, trust and recourse: imperfect substitutes as sources of assurance in emerging economies

Uncertainty prevents voluntary interactions, but institutions of trust and/or recourse can substitute for knowledge by making promises relatively credible. Trust and various sources of recourse are imperfect substitutes, however, as demonstrated by consideration of the trade-offs between trust based on repeated dealings, recourse to informal private sanctions such as reputation threats, ostracism sanctions and third-party dispute resolution through formal commercial organizations operating under customary law, and the state's coercive legal system. The problems of knowledge and interest imply that, though not perfect, private sources of trust and recourse are superior in emerging markets to state-provided recourse.     

The role of perceived organizational justice in shaping the outcomes of talent management: A research agenda

Talent management is in need of a theoretical foundation and empirical research at the level of the individual. To address these gaps, the current paper relies on the literature on workforce differentiation and provides a research agenda by introducing perceived organizational justice as a key mediator between talent management practices and differential employee reactions. We discuss employees' varying reactions to talent management on one hand and their underlying perceptions of organizational justice, on the other hand. In particular, we propose that, amongst others, an employee's high potential status serves as an antecedent for different distributive justice perceptions, while procedural interventions and relationship building can provide organizational latitude in shaping employee reactions to talent management. Research methods, challenges, and practical implications are discussed.     

Canadian and American Reactions to Drug and Alcohol Testing Programs in the Workplace

We investigated U.S. and Canadian reactions to workplace drug and alcohol testing programs. Canadian truck drivers (n = 183) deemed drug and alcohol testing policies less fair, and were less accepting of these policies, than their American counterparts (n = 153). We also compared the perspectives of recipients versus third-party observers with regard to their reactions to a drug testing program. Unlike the pattern observed among American observers, the responses by Canadian observers were highly similar to those of the recipients. Canadian observers were more inclined to file a formal protest regarding the implementation of a drug and alcohol testing program than were U.S. observers. The results also showed that procedural and interactional justice principles contributed to the program's fairness, acceptance, and lower levels of protest intentions in both Canada and the United States. We propose that scholars and practitioners can gain a better understanding of multinational reactions to drug and alcohol testing by considering not only cultural but also historical, social, political, and other environmental factors that can shape reactions to personnel practices.     

企业危机发生的防火墙——食品药品企业争议管理

本文以食品和药品行业为对象,从产品争议管理的角度探讨企业危机防范和化解,分析引发产品争议的内外部部原因,探讨产品研制、开发、生产、销售过程中的风险防范,提出实施产品争议管理的步骤,以及处理类似危机应遵循的原则。     

Procedural Fairness, Return to Work, and the Decision to Dispute in Workers' Compensation

This study investigates how injured workers evaluate the fairness of the workers' compensation claims process and how that evaluation affects the decision to formally dispute their claim. Survey and administrative data are used to test a model where individuals are hypothesized to base their overall impression of the fairness of the process based on dimensions of procedural justice criteria. They are then hypothesized to decide whether to formally dispute the claim based on a combination of procedural fairness concerns and whether or not they returned to work with the same employer. The implications of the results for structuring the workers' compensation claims process are then discussed.     

Due process for non-union employees: The influence of system characteristics on fairness perceptions

This article examines fairness perceptions associated with alternative dispute resolution systems. Collaborating with seven Center for Advanced Human Resource Studies sponsors, data collected from 450 non-union, non-management employees were analyzed. The major finding is that alternative dispute resolution systems that are regarded as credible, accessible, and safe (i.e., no retaliation) influence perceptions of fairness which, in turn, influence the likelihood to use the system. Implications are drawn for practice and research. © 1996 by John Wiley & Sons, Inc.     

第三方物流参与的VMI供应链利润分配模型

在VMI系统中引入第三方物流企业可以有效降低物流成本从而提高整条供应链的利润,如何建立合理的利润分配机制,维持供应链上节点企业的长期合作,成为至关重要的研究课题。文中在前人研究成果的基础上,利用博弈论理论建立了零售商、供应商和第三方物流企业三方的利润分配模型。最后通过算例验证了模型的正确性及有效性。     

司法所在农村民事纠纷中的作用

占据着我国人口一半以上的广大农民的民事纠纷的解决问题,一直是我国法治建设和社会主义新农村建设的重要课题之一。虽然我国的法治建设已经取得了长足进步,但是面对农村这个典型的乡土社会,法律却一再碰壁。解决激增的农村民事纠纷的需求与在农村的捉襟见肘的法律之间的矛盾日渐加剧。在这种情况下,九十年代中期被逐渐遗忘的司法所制度或许会是一条很好的出路。     

Organizational Justice and Individuals' Withdrawal: Unlocking the Influence of Emotional Exhaustion

This study examined the relationships between organizational justice and withdrawal outcomes and whether emotional exhaustion was a mediator of these linkages. Data were obtained from 869 military personnel and civil servants; using structural equation modelling techniques, we examined an integrative model that combines justice and stress research. Our findings suggest that individuals' justice perceptions are related to their psychological health. As predicted, emotional exhaustion mediated the linkages between distributive and interpersonal (but not procedural and informational) justice and individuals' withdrawal reactions. Results showed that distributive and interpersonal justice negatively related to emotional exhaustion and emotional exhaustion negatively related to organizational commitment which, in turn, negatively influenced turnover intentions. These findings were observed even when controlling for the presence of contingent‐reward behaviours provided by supervisors and individuals' psychological empowerment.     

Leader‐Member Exchange,Group‐ and Individual‐Level Procedural Justice and Reactions to Performance Appraisals

Previous research has established that relationships with authority figures and procedural justice perceptions are important in terms of the way in which employees react to organizational procedures that affect them. What is less clear are the reasons why exchange quality with authorities is related to perceptions of process fairness and the role of procedural justice climate in this process. Results indicate that individual‐level perceptions of procedural justice, but not performance ratings, partially mediate the relationship between exchange quality and reactions to performance appraisals, and that procedural justice climate is positively related to perceptions of procedural justice and appraisal reactions. These results support a more relational than instrumental view of justice perceptions in organizational procedures bound by exchange quality with an authority figure. Our study suggests that it is essential for managers to actively monitor and manage employee perceptions of process fairness at the group and individual levels. © 2015 Wiley Periodicals, Inc.     

The genesis of private dispute resolution in Irish industrial relations

This article examines the genesis of private dispute resolution arrangements introduced by employers and unions in Ireland. These forms of collective alternative dispute resolution (ADR) comprise three‐person panels or sole adjudicators, who mediate and issue findings on collective disputes. Findings may be non‐binding or binding. Using data and interviews covering 11 private dispute resolution arrangements in 10 organisations, the paper identifies the circumstances in which they have emerged and a series of influences that lead employers and unions make path‐breaking changes in dispute resolution procedures.     

The impact of supervisor interpersonal justice on supervisor-directed citizenship behaviors in social enterprises: a moderated mediation model

Abstract

While prior research has examined the strategic role of social enterprise managers in the achievement of a double economic and social performance objective, a clear understanding of the supervisors’ role in fostering employees’ attitudes and behaviors is still lacking. To address this gap, our paper aims to examine the impact of supervisor interpersonal justice on supervisor-directed citizenship behaviors by developing a moderated mediation model. Survey data were collected from 196 supervisor-subordinate dyads employed in diverse French social enterprises. Our results show that psychological contract breach mediates the supervisor interpersonal justice – supervisor-directed citizenship behaviors relationship. Further, employees’ prosocial motivations moderate this indirect effect. Our research provides insight into the mechanisms of social exchange relationships in social enterprises. In a practical perspective, it also demonstrates that the development of an effective HRM in social enterprises requires the implementation of specific training and development programs for managers.     

Relational exchange in nonprofits: The role of identity saliency and relationship satisfaction

In practice and research pertaining to charitable giving, the emphasis has been on identifying the characteristics and motivations of donors, but few have asked why donors continue to support a particular nonprofit. This study examines the relationship between renewing donors and nonprofits and their impact on charitable giving levels using identity salience and relationship satisfaction as key mediators of nonprofit relational exchange. In a survey of 719 repeat donors in the United States, to a broad range of nonprofit organizations, identity saliency and relationship satisfaction are introduced as mediating constructs, and the results confirm that both constructs partially guide donor motivations and charitable giving. Theoretically, this suggests that the more a donor identifies with a nonprofit organization and the more satisfied the donor is in the relationship with the organization, the higher their intention to donate. This finding supports previous research in segmentation strategies and service‐dominant logic in the nonprofit sector. Managerial implications of this research include indication of a paradigmatic shift from relational exchange to transformational exchange (or value cocreation) in nonprofit organizations' approach to donor cultivation.     

替代性纠纷解决机制在我国的适用

替代性纠纷解决机制在司法审判实践与民事诉讼法学理论研究中越来越引起学者关注,它在解决民事纠纷的过程中具有独特的价值。但是与此同时,替代性纠纷解决方式的适用过程中存在若干冲突性问题。从完善立法、构建有效的多元化纠纷解决的法律体系、对民事案件进行分流以及加强法院的监督职能等多方面入手去解决这些问题就显得十分必要。     

Towards mediation: developing a theoretical framework to understand alternative dispute resolution

This article examines alternative approaches to conflict resolution by developing a theoretical framework that relates dispute resolution practice to philosophical assumptions about authority and knowledge. By investigating the assumptions underpinning interest‐based bargaining and mediation their link to direct democracy and challenge to managerial authority are revealed at the level of theory and practice.     

ADR在美国政府采购活动中的运用研究

替代性纠纷解决方式相对于司法诉讼而言,具有争议双方自愿平等、过程灵活便利、程序高效低廉、结果易接受等特点,成为各国广为探索使用的纠纷解决途径。美国在政府采购领域广泛地运用ADR,节约了行政成本,提高了运行效率。文章从法律规定、组织机构设立、基本程序设置等内容出发,详细分析了ADR在美国政府采购活动中的运用,为我国在政府采购领域提供了有益的参照。     

冷链物流外包中的质量博弈分析

通过构建并分析冷链物流外包中制造商与第三方物流提供商质量投入的几个博弈模型,得出尽管合作博弈均衡下的渠道总收益最大,但是第三方物流提供商更愿意采取主从博弈结构。