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Business & Marketing
Case Study
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Contract Administration and Grievance Arbitration (Case Study Sample)

1. What is the cause of disputes and the contractual means used for resolving them? 2. What are the two major types of labor arbitration "interest" and "right"? Explain each. 3. Examine arbitration as a quasi judicial process in which parties agree to submit unresolved disputes to a neutral third party for binding settlement. Explain the labor- contractual negotiations in detail. source..
CONTRACT ADMINISTRATION AND GRIEVANCE ARBITRATION Name Institution Question 1: The chief cause of disputes preceding a collective bargaining agreement involves the desire of employees in a workplace for salary and wage increment, better working conditions and job security as well as the employers’ desire for enhanced flexibility and lower costs. The contractual means to solve such dispute involves the use of compromise and collective bargaining. Contrary, in a situation where the workplace already contains a union or collective bargaining agreement, disputes usually arise through allegations by union members that management has failed to observe the agreement rules. The contractual means to solve such conflicts involves a grievance procedure (Levin, 1998). Furthermore, the union can call a strike as a means of resolving the dispute. Question 2 Rights arbitration involves handling an allegation resulting from a misinterpreted or violated existing collective agreement. Regulations require that those who are party to a collective agreement to define a procedure of dealing with variation and disputes. The parties are required to meet at various steps of their own particular grievance process to discuss and review the grievance. Contrary, interest arbitration involves a procedure whereby the disputes are not resolved by the parties in a bargaining agreement as the union and employer are likely presented to an impartial arbitrator for the final judgment and resolution. This is normally imposed by an enacted statute (Cihon, 2013). Question 3 Arbitration as a quasi-judicial process involves a third party having the responsibility to hear conflicts over contract interpretation and offer the final judgment and binding decision. In this situation, arbitrators are chosen based on a case by situation procedure. Some contracts allow for lasting intermediaries who are arbitrators that contain an ongoing engagement. In most cases, the arbitrators offer services at the spirit of the concerned parties. The arbitrators dispel any skepticism from their judgment, by writing a cautiously researched response and judgment, which tackles all the concerns posed. This involves each party containing an attorney to represent them in the hearings. Opening statements are made, and each party present witness w...
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