Participation Versus Procedures in Non-Union Dispute Resolution

This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and higher appeal rates but do not have significant impacts on the precursors to conflict. This study provides evidence of substantial organizational level variation in non-union conflict resolution, suggesting the importance of expanding the predominant individual and group-level focus of current conflict management research to include more organizational-level factors. It also supports the importance to non-union employee representation of direct participation strategies involving employee involvement in the workplace, in addition to procedures that provide for off-line representation

Extracting verified decision procedures: DPLL and Resolution

This article is concerned with the application of the program extraction technique to a new class of problems: the synthesis of decision procedures for the classical satisfiability problem that are correct by construction. To this end, we formalize a completeness proof for the DPLL proof system and extract a SAT solver from it. When applied to a propositional formula in conjunctive normal form the program produces either a satisfying assignment or a DPLL derivation showing its unsatisfiability. We use non-computational quantifiers to remove redundant computational content from the extracted program and translate it into Haskell to improve performance. We also prove the equivalence between the resolution proof system and the DPLL proof system with a bound on the size of the resulting resolution proof. This demonstrates that it is possible to capture quantitative information about the extracted program on the proof level. The formalization is carried out in the interactive proof assistant Minlog

The Dual Transformation of Workplace Dispute Resolution

This study examines the impact on grievance rates of variation in the structure of nonunion dispute resolution procedures and in systems of work organization. Nonunion dispute resolution procedures that feature non-managerial decision-makers had higher grievance rates than nonunion procedures with managerial decision-makers. Grievance rates were also lower in workplaces that had adopted self-managed teams

The complexities of failing (Social Work) students - a workshop for practice educators of Social Work students held at the University of Lincoln on Thursday 27th November 2014

This workshop for practice educators teaching social work students whilst on placement explored issues relating to failing students. Reasons why students might experience difficulties whilst on placement, early identification of problems, barriers to making a fail decision and resolution of concerns were discussed. The session considered how to evidence and articulate concerns in relation to HCPC Guidance on Conduct and Ethics for Students and the appropriate PCF levels and how to develop appropriate intervention plans, using the University's concerns process or Fitness to Practise procedures where necessary

Conflict in Organizations

{Excerpt} Michael Cohen, James March, and Johan Olsen9 have developed an influential, agent-based representation of organizational decision-making processes. They submit that organizations are—at least in part and part of the time—distinguished by three general properties: (i) problematic preferences, (ii) unclear technology, and (iii) fluid participation. Citing, “Although organizations can often be viewed conveniently as vehicles for solving well-defined problems or structures within which conflict is resolved through bargaining, they also provide sets of procedures through which participants arrive at an interpretation of what they are doing and what they have done while in the process of doing it. From this point of view, an organization is a collection of choices looking for problems, issues and feelings looking for decision situations in which they might be aired, solutions looking for issues to which they might be the answer, and decision makers looking for work.” Decision opportunities characterized by problematic preferences, unclear technology, and fluid participation, viz., ambiguous stimuli, generate three possible outcomes, each driven by the energy it requires within the confines of organizational structure. These outcomes, whose meaning changes over time, are resolution, oversight, and flight. Significantly, resolution of problems as a style for making decisions is not the most common; in its place, decision making by flight or oversight is the feature. Is it any wonder then that the relatively complicated intermeshing of elements does not enable organizations to resolve problems as often as their mandates demand

The Impact of Case and Arbitrator Characteristics On Employment Arbitration Outcomes

[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new empirical study of employment arbitration. Despite the growing importance of employment arbitration in the workplace, empirical research on this phenomenon remains in its infancy and views on arbitration are often characterized by assumptions and anecdotal impressions. In the analysis presented here we attempt to systematically examine some of the common assumptions about the decision-making of employment arbitrators. In particular, we examine three propositions that are often injected into discussions of arbitral decision-making: 1) Arbitrators will tend to favor compromise decisions, proverbially “splitting the baby” between the two parties. 2) Arbitrators will be less inclined to award very large damage claims of the type more sometimes seen in jury decisions. 3) Arbitrators will prefer to award at least some small, token amount of damages to a party bringing a case rather than deny any recovery. We analyze these propositions using a unique dataset developed from analysis of employment arbitration case files of the American Arbitration Association (AAA), arguably the leading provider of employment arbitration services in the country

Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

A fundamental purpose of dispute resolution practitioners is to help people make decisions about processes, procedures, and issues in managing their conflicts. This post lists concepts to help people make decisions about the choice of dispute resolution process, specific procedures in a given process, and resolving issues in dispute. In resolving disputes, people should consider the value of plausible options and the future tangible costs and intangible costs and interests of continuing the dispute. The post lists specific cognitions, possible actions, and practitioner interventions promoting good decision-making

Penerapan Arbitrase Online Dalam Penyelesaian Sengketa Transaksi E-Commerce

This research focuses on method of dispute resolution using online arbitration as online dispute resolution. This research character is analytical descriptive. Analysis method used in this research is qualitative method. The result of this research shows: First, online arbitration as one of the method of dispute resolution using online dispute resolution considered by e-commerce business actors as the best solution in resolving dispute in cyber world; Second, online arbitration in the practice faces juridical obstacle in some matters as follow: (1) agreement to perform arbitration; (2) choice of arbiter (3) fulfillment of fundamental procedures; (4) character and execution of arbitration binding decision

Private Selection and Arbitration Neutrality

This paper examines the effects that the private selection of arbitrators have over arbitrators' incentives in deciding the cases before them over the arbitrators' implied bias. These effects have important implications for the design of Arbitration rules by Arbitration and Dispute Resolution providers as well as by other organizations that rely on arbitration for the resolution of disputes among their members. We show that private selection of arbitrators might adversely affect the accuracy of arbitrators' decisions because arbitrators might want to make an incorrect decision when a correct decision would carry the inference that they are biased. We compare the accuracy of arbitrators' decisions under different arbitrator selection procedures