Workplace negotiation Research Paper Example | Topics and Well Written Essays - 1500 words

Workplace negotiation - Research Paper Example The success of negotiations in the workplace is usually depended on the willingness of the parties to arrive to commonly accepted solutions, meaning that the decisions made should respond to the interests of all participants. The collective bargaining systems have been introduced in order to help towards the improvement of communication between employers and employees – referring to both the private and the public sector (Adams 1999). However, the above target is not always achieved. In this way, the value of collective bargaining, as a tool for communication/ cooperation in regard to the employers’ and the employees’ rights is reduced. The reasons for the failure of statutory collective bargaining systems in promoting collective bargaining are presented and analyzed in this paper. Reference is made, as indicative examples, to two Anglo-Saxon countries, US and Australia. It is proved that the statutory collective bargaining systems in countries with common legal environment are likely to present similar weaknesses; the characteristics of a country’s legal framework are therefore of critical importance for the prospects of the particular country’s statutory collective bargaining systems (Davidov 2004). ... This fact is revealed in the Wagner Act of 1935, the legislative text incorporating the criteria for the establishment and the expansion of collective bargaining in USA. The above Act has a critical weakness: it emphasizes on the process of establishing a relationship between the union and the worker – meaning that the employees recognize a particular union as their representative in the bargaining process – and on ensuring that the bargaining process begins (Cox et al. 1950, p.389). No reference is made to the principles or the methodologies on which the collective bargaining process will be based. In this way, it is possible that violations of the rights of either of the parties are taken place since no standards or requirements are set for the development of the process (Cox et al. 1950, p.389). The above phenomenon is, still today, a key characteristic of the collective bargaining process in USA showing the gaps of the legislation in the specific field. In accordanc e with Cox et al. (1950) the above trend could be possibly explained by the following fact: since their appearance, unions have managed to increase their power. In fact, the growth of unions has been continuous and impressive causing strong pressures to the markets globally. For this reason, it is implied that no support is required to the collective bargaining process, as a procedure in progress; rather, emphasis should be made on the protection of the process as a tool for communication between employers and employees. In other words, since trade unions exist in a particular country and since the access of employees to them is secured, then no further action should be taken for the promotion of unionism and collective bargaining. This is the idea on which the