Fact-Finding in Collective Bargaining: A Proven Dispute Resolution Tool
5/5
()
About this ebook
This book examines the use of fact-finding in collective bargaining processes. It reviews some criticisms and benefits of using fact-finding in collective bargaining processes. Then, it reviews the many variations in the use of fact-finding in statutory collective bargaining processes in both the public and private sectors, including both state and federal legislation. The book provides an analysis of fact-finding and offers recommendations on its use to encourage voluntary settlements.
Federal legislation reviewed includes the Railway Labor Act, the National Labor Relations Act, the Federal Labor Relations Act, and other legislation that addressed dispute resolution processes, including special legislation following Railway Labor Act Emergency Boards and other specific resolution processes addressing federally mandated reorganizations.
John Livingood
John Livingood has substantial experience in executive level management positions and more than thirty years experience in labor-management relations. He is an experienced advocate, neutral, arbitrator, mediator, and hearing officer in both the public and private sectors, including transportation, health care industry, manufacturing, education, etc., handling commercial, employment discrimination, Americans with Disability Act (employment and public accommodations), and labor-management issues.
Read more from John Livingood
Reframing and Its Uses: An Effective Tool in Dispute and Conflict Resolution Rating: 0 out of 5 stars0 ratingsThe Interrelationship of Bias and Conflict: Addressing Bias in Conflict and Dispute Resolution Settings Rating: 5 out of 5 stars5/5The Hell Hawk Poems Rating: 0 out of 5 stars0 ratings
Related to Fact-Finding in Collective Bargaining
Related ebooks
An Introduction to U.S. Collective Bargaining and Labor Relations Rating: 0 out of 5 stars0 ratingsLabor Relations in a Globalizing World Rating: 0 out of 5 stars0 ratingsRights, Not Interests: Resolving Value Clashes under the National Labor Relations Act Rating: 0 out of 5 stars0 ratingsBuilding More Effective Unions Rating: 0 out of 5 stars0 ratingsCollective bargaining A Clear and Concise Reference Rating: 0 out of 5 stars0 ratingsThe Social Psychology of Bargaining and Negotiation Rating: 0 out of 5 stars0 ratingsLabor Guide to Labor Law Rating: 5 out of 5 stars5/5A Progressive Guide to Running for Office Rating: 0 out of 5 stars0 ratingsRational Techniques in Policy Analysis: Policy Studies Institute Rating: 0 out of 5 stars0 ratingsThe Supreme Court on Unions: Why Labor Law Is Failing American Workers Rating: 0 out of 5 stars0 ratingsCovert Military Strategy The Theory Of War Rating: 0 out of 5 stars0 ratingsThe Million Dollar Organizer: 365 Tips for Professional Union Organizers Rating: 0 out of 5 stars0 ratingsWar! What Is It Good For?: Black Freedom Struggles and the U.S. Military from World War II to Iraq Rating: 5 out of 5 stars5/5Arise: Power, Strategy and Union Resurgence Rating: 0 out of 5 stars0 ratingsWinner-Take-All Politics: How Washington Made the Rich Richer--and Turned Its Back on the Middle Class Rating: 4 out of 5 stars4/5Framing Equal Opportunity: Law and the Politics of School Finance Reform Rating: 0 out of 5 stars0 ratingsWhy Government Fails So Often: And How It Can Do Better Rating: 5 out of 5 stars5/5The Office Politics Handbook: Winning the Game of Power and Politics at Work Rating: 0 out of 5 stars0 ratingsAdding Value to Policy Analysis and Advice Rating: 0 out of 5 stars0 ratingsLabor Law for the Rank & Filer: Building Solidarity While Staying Clear of the Law Rating: 0 out of 5 stars0 ratingsThe Promise of Mediation: The Transformative Approach to Conflict Rating: 4 out of 5 stars4/5Poverty Traps Rating: 5 out of 5 stars5/5Surviving a Layoff: A Week-by-Week Guide to Getting Your Life Back Together Rating: 3 out of 5 stars3/5Corporate Takeovers: Causes and Consequences Rating: 0 out of 5 stars0 ratingsFederal Tax Policy and Charitable Giving Rating: 0 out of 5 stars0 ratingsTrade Unions and the State: The Construction of Industrial Relations Institutions in Britain, 1890-2000 Rating: 5 out of 5 stars5/5A Theory of Behavior in Organizations Rating: 4 out of 5 stars4/5The Social Structure of Right and Wrong Rating: 0 out of 5 stars0 ratingsSummary of John S. Hammond, Ralph L. Keeney & Howard Raiffa's Smart Choices Rating: 0 out of 5 stars0 ratings
Law For You
The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsThe ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5Family Trusts: A Guide for Beneficiaries, Trustees, Trust Protectors, and Trust Creators Rating: 5 out of 5 stars5/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5Win In Court Every Time Rating: 5 out of 5 stars5/5The Common Law Rating: 4 out of 5 stars4/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5Summary of Tom Wheelwright's TaxFree Wealth Rating: 0 out of 5 stars0 ratingsDeath in Mud Lick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic Rating: 4 out of 5 stars4/5Criminal Law Rating: 0 out of 5 stars0 ratingsThe Law Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5What Your Divorce Lawyer May Not Tell You: The 125 Questions Every Woman Should Ask Rating: 4 out of 5 stars4/5
Reviews for Fact-Finding in Collective Bargaining
1 rating0 reviews
Book preview
Fact-Finding in Collective Bargaining - John Livingood
Fact-Finding in Collective Bargaining
A Proven Dispute Resolution Tool
By John Livingood
©2016 John M. Livingood
Table of Contents
Chapter I - Introduction to Fact-Finding
Chapter II - Labor-Management Fact-finding
Chapter II, Section A - Fact-finding Criticisms
Chapter II, Section B - Fact-finding Benefits
Chapter III - Review of Legislated Fact-finding Processes in Collective Bargaining
Chapter III, Section A - Railway Labor Act (RLA) and Airline and Rail Industry Legislation
Chapter III, Section B - Federal Labor-Management Regulation of Private Sector - NLRA
Chapter III, Section C - Federal Labor-Management Relations of Federal Sector
Chapter III, Section D - State Labor-Management Relations
Chapter IV - Analysis and Conclusions
Endnotes
Other Books by John M. Livingood
Chapter I - Introduction to Fact-Finding
This article will review fact-finding and its use in dispute resolution and, in particular, in collective bargaining in labor-management relations. Generally, fact-finding has been used when a collective bargaining process, including a possible mediation phase of collective bargaining, is in need of a procedural device that uses the concept of assistance to the parties toward resolution, but not requiring the parties, both or either, to accept a specific solution. In certain legislated collective bargaining processes, specific additional functions have been added to fact-finding
to further encourage and, sometimes, influence the outcome of its use. Also, fact-finding has been included both in collective bargaining processes that allow for self-help, i.e., strikes, lock-outs, the implementation of new provisions or agreements, etc., when there is no voluntary settlement and in collective bargaining processes that do not allow for self-help if there is no voluntary agreement.
Fact-finding, in its purest form, has been a useful tool in a myriad of complex and difficult situations with the purpose of discovering and establishing the facts of an issue; in such instances it does not involve the issuance of recommendations or advisory opinions based on the facts reviewed and, certainly, does not include engaging with the parties to facilitate a resolution. It should be noted that most tribunals, courts, and other entities that are created to formulate decisions will incorporate elements of fact-finding
in their operation and in their decision making processes; however, fact-finding in its purist form leaves the decision, judgment, and interpretation functions to another entity. The one instance, a substantial instance, where the purist
form of fact finding is specifically retained in a collective bargaining setting will be reviewed in Chapter III, Section B - Federal Labor-Management Regulation of Private Sector - National Labor Relations Act (NLRA).
As processes that include fact-finding are developed for additional purposes, fact-finding moves away from its purist form:
Typically, but not always, fact-finding incorporated into a dispute resolution process includes the issuance of recommendations and may include other functions, such as mediation, to assist in its dispute resolution function.
When there is administrative or legislative oversight of the dispute resolution process and there is the potential for subsequent action or intervention, the emphasis on the creation of a record of fact-finding and the report may appear to equal, or to exceed, the emphasis on assisting the parties in the resolution of the dispute.
When recommendations