Alabor dispute is a disagreement between anemployer andemployees regarding the terms of employment. This could include disputes regardingconditions of employment,fringe benefits,hours of work,tenure, andwages to be negotiated duringcollective bargaining, imposed through interest arbitration, or the implementation of already agreed upon terms.[1] It could further concern the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment.[2]
Preventing labor disputes involves coordinating actions at multiple levels, including:
Through the multi-channel and multi-level promotion of policies and regulations to ensure that the employer knows the law, workers' rights activists should know how to deal with the social and cultural environment.
In countries such as the US, the workforce can form unions,strike and collectively bargain with employers. The workers have the right to speak up about employment conditions.[3]
Mediation is one technique for resolving labor disputes. In mediation, the parties meet and seek to resolve their differences. A neutral party attempts to help the disputants to find a mutually acceptable solution.
Some jurisdictions permit fact finding as a way to resolve labor disputes. It is a formalized process and extension of collective bargaining. A fact finder makes findings and recommendations, but is not empowered to impose a contract.
Arbitration vests the responsibility of the outcome in the person chosen to be the arbitrator. Each side presents their case, but the resolution does not require agreement from either party.
In some jurisdictions, interest arbitration is available for selected employers and bargaining units (e.g. Police, Fire, Public Safety). Likewise, under the terms of theUnited StatesRailway Labor Act, there can be resort to such a panel. Interest arbitration is defined as:
Arbitration, interest. An impasse resolution procedure in which one or more neutrals renders a binding decision to resolve a dispute over new contract terms, interest arbitration procedures may differ in terms of the number of arbitrators. {single or panel). The rules governing the nature of the decision, and the nature of the proceedings (voluntary or compulsory, by law or contract). A number of public jurisdictions have enacted laws mandating arbitration of new contract term disputes, as an alternative to the right to strike, most notably of disputes involving police, firefighters, and guard employees. Connecticut, Iowa, Rhode Island, and Wisconsin, among others, have extended arbitration to include other than essential employees such as teachers. Occasionally called nonjusticiable arbitration.[4]
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