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Canada (509,867)
JS380 (30)

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Justice Studies
Stefan Idziak

Lecture 1: Interest Arbitration  normal way of bargaining for esesntial services  both parties make submissions to the arbitrator who then sets the agreement o may set the whole agreement, or simply the clauses parties cannot work out themselves.  designed to replace the strike as the meachnism for resolving bargaining disputes  if the parties cannot agree, work continues and an abitrator will set the terms fo the future employment relationship  usually mediation used first.  advantages for union o steady gains, few pay cuts  May have narcotic effect, may push up wages that, in the public sector, are paid for by taxes o arbitrator rarely concerned with government's ability to pay  when unhappy with outcome, government may simply legislate it away Allan Ponak & Loren Falkenberg "resolution of Itnerest Disputes" 1989  growth of public sector unrest created new develelopments o govs. believe  public sector work stoppages would put exteme burden on public  combination of public and economic pressure from public sector unions would place too much power in unions' hands  so alternative to strike neeeed. o arbitration! o sometimes illegal strikes still happen, but rarely o unions and employers have more or less accepted binding arbitration  but creates its own problems as well o reduces the likelihood that parties will reach an agreement on their own o why?  lower cost of disagreement- the fear of going to arbitratio nis less than the fear of a work stoppage  threat of strike is a powerful inducement to settle while threat of arbitration is not.  concessions made during bargaining may prove harmful if abritrated settlement is eventually required.  narcotic effect  negotiators become accustomed to relying on arbitration.  Kinds of arbitration in Kanada o conventional arbitration  board here's submissions, then fashions a solution  board permitted to accept union or employer position, split it down the middle, or create own compromise o Final Offer Selection  arbitrator picks between employer and employee's final positions, but may not adopt a middle position. o Choice of Proceedures  one of the parties (in Canada, the union) can choose prior or during negoitations whether impasse will go to strike or arbitration  Data clearly shows arbitration reduces the likelihood of negotiated settlement as opposed to strike-based systems o but this may be a price that has to be paid for the overall public good.  Chilling and narcotic effects
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