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Full-Text Articles in Labor Relations

Disputant Preferences For Mediated Or Adjudicated Processes In Administrative Agencies: The Occupational Safety And Health Review Commission Settlement Part Program, Deanna Malatesta, Lisa Blomgren Amsler, Susanna Foxworthy Scott Nov 2017

Disputant Preferences For Mediated Or Adjudicated Processes In Administrative Agencies: The Occupational Safety And Health Review Commission Settlement Part Program, Deanna Malatesta, Lisa Blomgren Amsler, Susanna Foxworthy Scott

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Previous research examining disputants’ preferences for mediation over more formal adjudicative proceedings is limited and mostly experimental. Moreover, this work has not examined preferences in relation to repeated experience with various types of proceedings. We surveyed disputants who have experienced different types of proceedings in administrative adjudication and administrative law judge mediation in the Settlement Part Program at the Occupational Safety and Health Review Commission (OSHRC). We find that the higher the perceptions of procedural justice, the greater the preference for use of mediation. In addition, the more total experience disputants have in the OSHRC dispute system (including both adjudication ...


Labor Relations Conflict In The Workplace: Scale Development, Consequences And Solutions, Lulu Zhou, Meng Xi, Xufan Zhang, Shuming Zhao Nov 2017

Labor Relations Conflict In The Workplace: Scale Development, Consequences And Solutions, Lulu Zhou, Meng Xi, Xufan Zhang, Shuming Zhao

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Because the goals of employers and employees are often incompatible, conflicts are inevitable and an essential part of organizational life. The three studies reported in this paper addressed the issues of identifying the dimensions of workplace conflicts within organizations, exploring the consequences of conflicts, and finding appropriate methods of conflict resolution. The first study identified and developed three dimensions of labor relations conflict, including interest-based, rights-based, and emotion-based conflicts. The second study explored two sets of individual outcomes of labor relations conflicts and found labor relations conflicts had a negative effect on employee job satisfaction and affective commitment and positive ...


Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley Nov 2017

Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] The diffusion of ADR-based conflict management systems is a development increasingly highlighted in the literature. Organizations are seen as putting in place multiple procedures and practices so that different varieties of workplace conflict can be effectively addressed. Just why organizations are electing to introduce these integrated bundles of innovative conflict management practices is a matter of debate, but many view the development as transforming the manner in which workplace problems are managed in modern organizations, with some even pronouncing that it amounts to the rewriting of the social contract at work (Lipsky and Seeber 2006). This paper argues that ...


Do It Right Or Not At All: A Longitudinal Evaluation Of A Conflict Managment System Implementation, Benjamin B. Dunford, Kevin J. Mumford, R. Wayne Boss, Alan D. Boss, David S. Boss Nov 2017

Do It Right Or Not At All: A Longitudinal Evaluation Of A Conflict Managment System Implementation, Benjamin B. Dunford, Kevin J. Mumford, R. Wayne Boss, Alan D. Boss, David S. Boss

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

We analyzed an eight-year multi-source longitudinal data set that followed a healthcare system in the Eastern United States as it implemented a major conflict management initiative to encourage line managers to consistently perform Personal Management Interviews (or PMIs) with their employees. PMIs are interviews held between two individuals, designed to prevent or quickly resolve interpersonal problems before they escalate to formal grievances. This initiative provided us a unique opportunity to empirically test key predictions of Integrated Conflict Management System (or ICMS) theory. Analyzing survey and personnel file data from 5,449 individuals from 2003 to 2010, we found that employees ...


Decision-Maker And Context Effects In Employment Arbitration, Mark Gough, Alexander Colvin Nov 2017

Decision-Maker And Context Effects In Employment Arbitration, Mark Gough, Alexander Colvin

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using a novel survey of 284 employment arbitrators, this study investigates how decision-maker characteristics and the context of the arbitration proceeding affect employee outcomes. We analyze the predictors of settlement before an arbitrator award and, if no settlement is reached, the likelihood an employee will receive a verdict in their favor after a full hearing. We find pre-arbitration dispute resolution procedures have significant effects on settlement behavior and employee outcomes. The characteristics of the presiding arbitrator as well as the structure of the arbitration proceeding were also found to affect employee outcomes at trial. This study contributes to the existing ...


Organizational Conflict Resolution And Strategic Choice: Evidence From A Survey Of Fortune 1000 Companies, David B. Lipsky, Ariel C. Avgar, J. Ryan Lamare Nov 2017

Organizational Conflict Resolution And Strategic Choice: Evidence From A Survey Of Fortune 1000 Companies, David B. Lipsky, Ariel C. Avgar, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

In this paper we develop the argument that a firm’s ADR strategies are likely to be associated with a firm’s use of one conflict resolution option or the other. More specifically, we examine whether a firm’s use of either arbitration or mediation is a function of (1) the extent to which the use of either of these dispute resolution processes aligns with the goals and objectives management is seeking to advance, and (2) the extent of the firm’s commitment to the use of these practices. We expect to find that an organization’s use of either ...


The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare Nov 2017

The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Conventional wisdom holds that hiring a lawyer will improve outcomes for non-union employees who take individual rights complaints to arbitration. However, the limited amount of empirical scholarship into this topic has rarely accounted for the concurrent influence of employer representatives, or for the presence and effects of employee and employer attorney heterogeneity. I analyze all arbitration awards rendered within the securities industry from the implementation of its ADR program through the late-2000s, and first find that hiring an attorney benefits employees only in the rare cases that employers do not also include an agent. I then account for attorney selection ...


Integrating Conflict: A Proposed Framework For The Interdisciplinary Study Of Workplace Conflict And Its Management, Ariel C. Avgar Oct 2017

Integrating Conflict: A Proposed Framework For The Interdisciplinary Study Of Workplace Conflict And Its Management, Ariel C. Avgar

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] Conflict and its management are perennial dimensions of organizational life--ever present with significant consequences for a host of employer and employee related outcomes. All organizations, regardless of industry, union status, workforce characteristics, managerial strategy, organizational culture, or performance levels are confronted with the need to address, deal with or manage the myriad manifestations of workplace conflict. As such, all organizations manage conflict in one way or another, whether they adopt a proactive stance or whether they are avoidant and reactive.

Recognized as a central workplace feature, scholars from a variety of different disciplines, including, but not limited to, industrial ...


Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler Sep 2017

Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Organizational leaders, public policy makers, dispute resolution professionals, and scholars have developed diverse methods for resolving workplace conflict. But there is inadequate recognition that the effectiveness of a dispute resolution method depends on its fit with the source of a particular conflict. Consequently, it is essential to better understand where conflict comes from and how this affects dispute resolution. To these ends, this paper uniquely integrates scholarship from multiple disciplines to develop a multi-dimensional framework on the sources of conflict. This provides an important foundation for theorizing and identifying effective dispute resolution methods, which are more important than ever as ...


Organizational Innovators: A Study Of Workplace Intra-Employee Conflict Management Strategies, David Nash, Deborah Hann Jan 2017

Organizational Innovators: A Study Of Workplace Intra-Employee Conflict Management Strategies, David Nash, Deborah Hann

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] Whilst the issue of intra-employee conflict is clearly one that impacts today’s organization, it is less clear how this conflict is addressed and resolved in contemporary workplaces. Previous research has often treated workplace conflict as homogeonous, but it is important that different conflicts should be treated separately (Jehn and Bendersky 2003). The purpose of this article is to contribute to our understanding of the management of conflict in the workplace by examining this under-researched form of conflict and perhaps more importantly how organizations address this prevalent form of workplace dispute, if they do so at all. Soecifically, by ...