The Dual Transformation of Workplace Dispute Resolution

This study examines the impact on grievance rates of variation in the structure of nonunion dispute resolution procedures and in systems of work organization. Nonunion dispute resolution procedures that feature nonmanagerial decision makers had higher grievance rates than nonunion procedures with managerial decision makers. Grievance rates also were lower in workplaces that had adopted self-managed teams.     

Shadow of the contract: how contract structure shapes interfirm dispute resolution

This paper investigates how contract structure influences interfirm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute resolution approach that is adopted when conflict arises, and that different approaches are associated with different costs for resolving the dispute. We also find that the effect of contract choice on dispute resolution approach is moderated by the degree of coordination required in the relationship, and that the effect of dispute approach on costs is moderated by the degree of power asymmetry between the parties. Thus, even after controlling for various attributes of the exchange relationship and the dispute, the choice of contracting structure has important strategic implications. Copyright © 2010 John Wiley & Sons, Ltd.     

Informal Employment Dispute Resolution among Low‐Wage Non‐Union Workers: Does Managerially Initiated Workplace Voice Enhance Equity and Efficiency?

The decline of collective industrial relations has shifted the focus of industrial relations research to the study of individual employment disputes. In this article, we investigate whether employer‐initiated workplace voice is associated with improved resolution of individual complaints or grievances workers make against employers. We find that our measure of workplace voice is associated with less serious problems, more informal methods of dispute resolution, more satisfactory outcomes for workers and lower quit rates. However, these findings need to be set against generally low rates of satisfactory dispute resolution for all employees in our sample.     

A Final Appraisal of ‘Bridlington’? An Evaluation of TUC Disputes Committee Decisions 1974–1991

Abstract : This paper reviews decisions of TUC Disputes Committees from 1974 to 1991. It considers whether the rather different conclusions of studies of earlier periods are still valid and assesses the effectiveness of 'Bridlington' in resolving disputes over new issues, in particular 'single-union deals'. It concludes that there is still a role for a voluntary disputes resolution mechanism of this kind, although recent experience has shown that it has its [imitations. TUC-affiliated unions will therefore lose a useful mechanism for promoting the efficient use of their resources if the 1993 change in the law leads to Bridlington being abandoned.     

Policy risk,strategic decisions and contagion effects: Firm‐specific considerations

Research summary : In this article, we investigate the firm‐specific environment and its impact on firm strategy focusing on adverse changes in the policy environment and their effect on divestitures. We argue that experiencing a negative change in the firm‐specific policy environment causes firms to reassess their exposure to policy risk and their ability to manage their policy environment, making them more likely to divest. Operationalizing negative shifts in the firm‐specific policy environment through formal policy disputes between firms and governments, we find that following a dispute, firms are more likely to divest both in the country where the dispute occurs and in other countries in the same region. However, the impact of disputes on divestitures is firm specific, applying only to firms directly involved in a dispute . Managerial summary : What is the impact of change in the firm‐specific environment on firm strategy? We argue that when firms directly experience a negative change in their policy environment that is specific to them, they negatively reassess their exposure to policy risk and their ability to manage their policy environment, which makes them more likely to undertake a divestiture. We analyze formal disputes between firms and governments that arise from adverse changes in policy and find that, following a dispute, firms are more likely to divest in the country where the dispute occurs and in other countries in the same region. However, the impact of disputes on divestitures is firm specific as it applies only to firms directly involved in a dispute . Copyright © 2016 John Wiley & Sons, Ltd.     

How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette

Using a novel experimental vignette design, this study shows how firm adoption of equal employment opportunity (EEO) policies, internal dispute resolution procedures, occupational segregation, and use of mandatory arbitration agreements affect employment attorney perceptions of employment discrimination claims. Findings reveal the organizational environment of a claim can signal compliance with antidiscrimination law and the use of mandatory arbitration reduces the expected value of a claim and willingness to accept it for representation. These findings contribute to the understanding of antidiscrimination law as a social system by showing organizational environments and mandatory arbitration clauses predict attorney case assessment.     

Do Public-Sector Strike Bans Really Prevent Conflict?

This article examines the effectiveness of strike-ban laws in reducing industrial conflict at the municipal level of government. Our central findings are that job actions were higher in states that had no law or no finality in the law, publicity campaigns were used as a pressure tactic in the bargaining process, and grievance delays were greatest under final offer arbitration. Thus dispute costs are highest in jurisdictions that provide no finality in dispute resolution whether or not an explicit framework for bargaining exists.     

Industrial Dispute Tactics in Australian Manufacturing

Industrial action has been the subject of considerable economic research, but most research has focused exclusively on strikes and has ignored the fact that workers can use tactics other than strikes in resolving disputes. The fact that workers engage in forms of industrial action other than strikes raises important questions: What determines the incidence of nonstrike action, and how do these determinants compare with strikes? This article uses a recently developed dispute‐level data set of both strike and nonstrike actions in Australian manufacturing to analyze determinants of the incidence of two types of industrial actions: strikes and work bans. Work bans are actions where workers refuse to engage in certain specified tasks such as overtime but otherwise remain on the job. Evidence is found that the incidence of work bans is affected by changes in economic and institutional conditions in significantly different ways than strikes.     

Decision‐Making about Workplace Disputes: A Policy‐Capturing Study of Employment Arbitrators,Labor Arbitrators,and Jurors

Firms are increasingly turning to the controversial practice of employment arbitration to resolve workplace disputes. Yet little is know about how decisions are made by employment arbitrators or how their decisions compare to those made in traditional dispute‐resolution forums. This study uses a policy‐capturing design and hierarchical linear modeling to compare how decisions about termination cases are made by employment arbitrators, labor arbitrators, and jurors. The results indicate significant differences in the overall willingness to uphold termination, with labor arbitrators being the most likely to rule in favor of the employee, followed by jurors, employment arbitrators judging statutory and for‐cause claims, and employment arbitrators judging statutory‐only claims. Significant differences were also observed between categories of decision makers in the weight given to procedural compliance, evidence of discrimination, employee work history, and stress‐inducing personal circumstances.     

Firms and Innovative Conflict Management Systems in Ireland

This article examines the practices adopted by firms in the Republic of Ireland to manage conflict involving groups of employees, focusing in particular on the uptake of ‘alternative dispute resolution practices’. The article reveals that conflict management practices take the form of ‘systems’, and it estimates the incidence of innovative conflict management systems, incorporating alternative dispute resolution (ADR) practices, as involving about 30 per cent of firms. A series of influences are shown to be associated with innovative, ADR‐based conflict management systems, especially commitment‐oriented HRM practices and whether unions are recognized.     

Economic Citizenship and Workplace Conflict in Anglo‐American Industrial Relations Systems

This article argues that the expansion of individual employment rights is presenting a series of challenges to the collective model of economic citizenship that prevailed in most of the Anglo‐American world during the last century. We examine developments in the management of workplace conflict in Anglo‐American countries to highlight the institutional manoeuvrings that have been taking place to mould the nature of national regimes of employment rights. We argue that Governments almost everywhere are actively seeking to create institutional regimes that weaken the impact of employment legislation and we find that statutory dispute resolution agencies are eagerly trying to develop organizational identities that are aligned with rights‐based employment disputes.     

What makes countries initiate WTO disputes on food-related issues?

This paper analyses relevant determinants for the probability to initiate a dispute on policy measures under the World Trade Organization (WTO) dispute settlement system. The empirical analysis differs from existing assessments by focusing on agro-food-related disputes and provides a more in-depth analysis of specific country and sectoral characteristics not considered in previous studies. Contrary to recent analyses of overall trade disputes, the results show that some determinants such as legal capacity and monetary means are not statistically significant. Own protectionist behaviour, endured protectionism, and the duration of WTO membership, however, could be identified as relevant determinants with the expected direction of impact.     

Australian Labor Relations Through American Eyes

This article describes how Australia's conciliation and arbitration system emerged in the eighteen nineties and the key role it still plays in that county's labor relations. The respective roles of unions, management, and conciliation and arbitration are discussed, as are dispute resolution procedures at the national, industry-occupational, company, and plant levels. The functions of strikes and other forms of "industrial action" are examined.     

Path Dependency and Comparative Industrial Relations: The Case of Conflict Resolution Systems in Ireland and Sweden

This article uses the theory of path dependency to explain the evolution of employment conflict resolution systems in Ireland and Sweden. It argues that the traditional ‘voluntarist’ conflict management path followed in Ireland has fragmented as a result of a series of internal developments that have reduced trade union density, increased the importance of employment law in the settlement of workplace disputes and established social partnership as the main wage‐setting mechanism. By contrast, the Swedish system has experienced reform within the boundaries of the established conflict management path, which is largely attributable to the still powerful role played by trade unions within the country. Thus, while the operating rules of the system have changed, its core underlying principles — collectivism and self‐regulation — remain intact.     

Accompaniment,Workplace Representation and Disciplinary Outcomes in British Workplaces — Just a Formality?

The Workplace Employment Relations Survey 2004 provides data that, for the first time, measure the extent to which workforce representation is part and parcel of grievance and disciplinary processes in British workplaces. This article explores the impact of the introduction of the statutory right to accompaniment at grievance and disciplinary hearings on rates of disciplinary sanctions, dismissals and employment tribunal applications. It concludes that there is little evidence to suggest that either the right to accompaniment or the operation of formal grievance and disciplinary procedures moderates disciplinary outcomes. Instead, it argues that trade union and employee representatives may be influential in facilitating the resolution of workplace disputes.     

Twin Tracks—Employee Representation at Eurotunnel Revisited

The introduction of the European Directive on Information and Consultation and the recent implementation of the Information and Consultation of Employees (ICE) Regulations into United Kingdom (UK) law have increased the focus on workplace representation arrangements. This paper examines the interplay between nonunion and union representative arrangements at Eurotunnel (UK) and assesses their effectiveness in representing the needs of employees over a 5‐year period. Importantly, the paper also examines the opportunities and challenges of both nonunion representation (NER) and union voice arrangements. The findings show that the effectiveness of nonunion structures as bodies representing the interests of employees in filling the lack of representation is questionable. However, union recognition through an employer–union partnership agreement has also raised important issues regarding the effectiveness, impact, and legitimacy of unions at Eurotunnel. The main implication of this research is that the existence of a mechanism—union or nonunion—for communication between management and employees at the workplace may not be a sufficient condition for effective representation of employee interests. In addition, while trade unions may provide greater voice than nonunion arrangements (thus the reluctance of management to accept such voice arrangements), the strength of voice is dependent on the legitimacy and effectiveness of trade unions in representing employees’ interests at the workplace. And that in turn depends on the union being perceived by the workforce as both representative and able to act independently. If the union cannot, it will not meet the needs of either employees or management—and could run the risk of being supplanted under the provisions of the new EU Directive on Information and Consultation with tougher requirements for compliance in terms of procedures for consultation and information disclosure.     

Mediator Tactics and Sources of Conflict: Facilitating and Inhibiting Effects

Sometimes mismatches between tactics used by mediators and causes of the dispute may reduce the likelihood of achieving a settlement. Data from collective-bargaining disputes suggest that when party inflexibility was a source of the dispute, added mediator pressure increased the likelihood of a settlement, but discussing alternatives reduced the likelihood of a settlement. However, mediation success improved in cases where there is a high level of interparty hostility and mediators focused on negotiation processes.     

Using the Dunlop Report to Achieve Mutual Gains

The Dunlop Commission report opens what is likely to be a long-term debate over whether, and if so how, to modernize American labor and employment law. This article summarizes the major conclusions and recommendations of the commission report and outlines the steps needed to use it to full advantage. The potential benefits of using it to experiment with new approaches to employee participation, representation, and workplace dispute resolution are outlined and compared with the pitfalls of continuing the current stalemate over labor policy or attempting to implement only those recommendations that are consistent with the preferences of either business or labor.     

Hitting the Bricks: An International Comparative Study of Conflict on the Waterfront

Although many longshoremen have a deserved reputation for militancy, the waterfront has been remarkably peaceful in some countries. The propensity of longshoremen to strike is explored in an historical and international comparative context, looking beyond industry-level variables to determine the nature and causes of industrial action. The incidence of strikes on the waterfront depended ultimately on the propriety of labor regulation, most notably the operation of different "dock labor schemes" in combination with union leadership, management policy, and the efficacy of dispute resolution procedures.     

电网建设相邻关系纠纷分析与处理

随着国民经济的快速发展,电网建设力度也在不断加大,电网建设中因相邻关系引起的民事纠纷逐渐增多。结合电网建设项目和企业工作的实际,对此类相邻关系纠纷进行了分析,归纳了处理这类案件的法律依据,并提出应对的措施,对电网建设项目和电力企业法律实务有一定的参考意义。