Collective Bargaining – Employee Wages and Benefits
Points of Friction
The overtime policy presents some potential points of friction between the employees and the employer. For instance, the employer may feel that employees are working at a slow pace to gain overtime. In addition, leaving the decision to choose who works overtime may raise conflict. Employees could allege unfairness, especially if their productivity is not leveled, leading to specific individuals working overtime consistently due to their record of high productivity. Furthermore, the public holiday policy states that if an employee works less than four hours, they will be entitled to a regular 8-hour day’s pay. This rate is similar to that of employees who do not work on public holidays. Employees may, therefore, refuse to attend to urgent matters on public holidays if they will be engaged for less than four hours, which could stall the productivity of the organization.
Best Alternative to a Negotiated Agreement (BATNA)
BATNA is a definitive measure that one can use to judge a proposed agreement. It ensures that one does not accept unfavorable terms (Harvard College, 2021). The employer uses an approach that addresses its interests first before the employees’. In an interest-based negotiation, employees may prefer to choose overtime instead of random picking. This approach addresses the needs of employers and employees who volunteer, are motivated, and are highly productive due to the financial reward. Thus, the company’s BATNA is lopsided when one considers the employees’ interests and welfare.
An analysis of the strength of the other positions
The other positions raised strong arguments. The company provided a detailed outline that stated its needs and wants. The strategies for choosing employees who work overtime and remuneration were also highlighted. For instance, health and productivity would be considered when choosing overtime employees. The identified individuals would be notified seven days before the overtime date. The clarity in the company’s position increases its argument’s strength.
Differences
The first negotiation process was different from the current one. The initial negotiation pitted employees against the employer and required a neutral party to identify the irregularities. In this case, the employer seems to have invoked the union’s support to ensure that the employee population is enough at any time if all the requirements are observed. For instance, if an employee does not notify the employer of their overtime refusal within the stipulated time, the union would support the employer in ensuring that the employer works overtime.
Changes
For greater success in future negotiations, the employer should seek the employee’s opinion on the overtime policy. The employee’s engagement in the creation of a CBA ensures that both parties’ interests are addressed sufficiently, which reduces the points of conflict significantly. This collaboration, which is an important aspect of interest-based negotiation, should be utilized in the future (FMCS, 2019).
Outcome Conclusion
The CBA favored the employer more than it did the employee. As observed, the employer had the upper hand in making the decisions that are related to overtime work. For instance, it chose employees on a rotational basis through the supervisors. In addition, it remunerated employees who worked for less than four hours on holidays, similar to those who did not work on holidays. The employees lacked much choice as it pertains to overtime work policies. Thus, the needs and wants of employees were not addressed sufficiently in comparison to the employers’ needs.
References
FMCS. (2019). Joint Problem-Solving for Mutual Gain. Retrieved from https://www.fmcs.gov/wp-content/uploads/2019/03/Interest-Based-Bargaining.pdf
Harvard College. (2021). What is a BATNA? Retrieved from https://www.pon.harvard.edu/tag/batna/
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Question
Collective Bargaining – Employee Wages and Benefits
A personal account of the negotiating process. This account needs to include:
A listing of the key challenges or points of friction.
An analysis of the negotiating principles used by both parties and the BATNA of their own position.
A review of the success of interest-based compared to distributive bargaining principles.
An analysis of the strength of the other positions – were their positions weak and not supported well or just the opposite?
A reflection on how this negotiation session was different than the first one completed under Milestone One in Module Three.
What might need to be changed to be more successful in follow-on negotiating sessions?
A conclusion about the outcome – did it favor one side or the other?
Professors notes
The Milestone Two assignment is due at the end of this module. Reflect on the Discussion Board from Module Five and the negotiating process that took place. Be sure to read the final CBA, Article 37 Overtime.
Expectations of the assignment:
A copy of the final agreed-upon collective bargaining agreement (CBA) section on employee OT (posted in the Discussion Board forum today). Copy and paste the CBA in the exact same format into your written assignment in one Word document along with your written paper – no need to double space the CBA portion.
A two-page (minimum) personal account of the negotiating process. This account MUST include:
A listing of the key challenges or points of friction. Discuss some examples.
An analysis of the negotiating principles used by both parties and the Best Alternative to a Negotiated Agreement (BATNA) of their own position. Explain BATNA and discuss examples.
A review of the success of interest-based compared to distributive bargaining principles.
An analysis of the strength of the other positions – were their positions weak and not supported well or just the opposite? Give detailed examples.
A reflection on how this negotiation session was different than the first one completed under Milestone One in Module Three.
What might need to be changed to be more successful in follow-on negotiating sessions?
A conclusion about the outcome – did it favor one side or the other? Explain why or why not.