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Human Resources Management - Managing Conflict

With state intervention - Managing Conflict

   Posted On :  14.06.2018 09:30 pm

If either union or management resists the establishment of voluntary collective bargaining, but the state feels that collective bargaining will be useful, it may advise, encourage or even impose collective bargaining as compulsory on the two parties to settle their disputes through negotiations and discussions.

With state intervention

Establishment of Compulsory Collective Bargaining


If either union or management resists the establishment of voluntary collective bargaining, but the state feels that collective bargaining will be useful, it may advise, encourage or even impose collective bargaining as compulsory on the two parties to settle their disputes through negotiations and discussions.

Compulsory Establishment of Bipartite Committee


A bipartite committee consists of representatives of workers as well as of the employer (at the factory level) Such committees work on the principle of “nip the evil in the bud” and settle labour management disputes as soon as they appear and do not permit then to grow and take an unmanageable shape.

The main purpose of such Bipartite committees or work committees is to:

1. Promote measures for securing and preserving amity and good relations between workers and employers

2. Comment upon matters of their common interest

3. Compose any material difference of opinion in respect of such matters and to

4. Encourage workers and management to settle their difference without the arbitrator

Compulsory Arbitration or Adjudication


1. Unlike voluntary arbitration, in adjudication, the arbitrator or adjudicator is appointed by the government
 
2. In adjudication, the industrial dispute is referred for arbitration by the government and both the parties have to accept the decisions of the arbitrator.

3. The objective of adjudication is to maintain industrial peace by stopping the parties from causing work- stoppages and providing a method for settling the industrial dispute.

Compulsory Conciliation (Machinery) and Mediation


1. Conciliation is a process by which the discussion between workers and employer is kept going on through the activities of a conciliator. i.e., third party

2. A conciliator aids resolving the differences between two parties and keeps them to understand and appreciate the situation better.

3. Mediation is a process by which the third party attempts to stimulate labour and management to reach some type of agreement. The mediator cannot decide the issue. He is strictly neutral who can only listen, suggest, communicate and persuade.

4. In compulsory conciliation and mediator, the government imposes an obligation on the workers and management to refer their disputed to the conciliation and mediation service. The government also prevents both parties from work stoppages till the conciliation or mediation is going on.

5. Conciliators and mediators are asked to furnish their report within a time period. If the efforts to reconcile fail, workers are free to go on strike and the employer is free to declare a lock-out.

Compulsory Investigation


1. Government may set up machinery to investigate into any dispute. Machinery may be a court of inquiry to explore facts and issues involved. A wide publicity may be given to it because, quite possible, the public opinion may compel the two parties to leave their rigid and obstinate attitude and try to arrive at a settlement.

2. Moreover, the period during which court of inquiry is being conduced, may serve as a cooling off period for two primary parties to reconsider their stands coolly.

3. Court of inquiry is given almost same powers as a civil court.
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