Sarah Neliza A. Abiva Jan.

12, 2011
M41 HRDM 12 Mr. Villarosa

1. Name at least six subjects of discussion under Collective Bargaining Agreement

a.) Product in Collective Bargaining

b.) Duty to bargain collectively in the absence of collective bargaining
c.) Meaning of duty to bargain collectively
d.) Terms of a collective bargaining agreement
e.) Injunction prohibited
f.) Exclusive bargaining representation and workers’ participation in policy and
decision making.

2. What is the difference between Mediation and Arbitration?

Mediation of a dispute involves using a neutral third party to act as a guide or negotiator.
This person may or may not be a legal professional, although a number of legal firms do
offer mediation services as an alternative to court. A trained mediator agrees to hear both
sides of a dispute objectively, but the main focus remains on the two parties as they work
towards a mutually beneficial solution. During mediation, the mediator often meets with
each side privately, and then schedules face-to-face meetings.

Arbitration, on the other hand, is generally more formal than mediation.

An arbitrator could be a retired or active judge, or a very experienced attorney. During
arbitration, both parties are given an opportunity to explain their positions in front of the
arbitrator. Much like a regular court proceeding, attorneys can also question witnesses
from both sides. During arbitration, there is usually little if any out-of-court negotiations
between parties. The arbitrator has the power to render a legally binding decision which
both parties must honor.

3. How is automation affecting collective bargaining and why?

Labor and management are in substantial disagreement over the wisdom of implementing
automated production processes. Management typically favors automation as promising
numerous benefits. Automation increases productivity and reduces costs, often assuring
the survival of marginal enterprises, it frequently contributes to product improvements
and provides a more pleasant work environment. Even so, unions are inclined to fear the
consequences of technological change and often oppose it. Unions assert that automation
poses grave threats to employment tenure in numerous industries.