Good Example Of 6. Explain The 5 Concepts. A) Collective Bargaining B) Strike C) Mediation D) Fact Essay

A collective bargaining agreement involves the negotiation between an employer and a labor organization composed of a group of employees regarding the conditions of employment. The labor organization and the employer may enter into a collective agreement that will define certain rights and obligations among the parties that aim to improve the condition of labor. Collective bargaining arises from the mandatory legislations of the federal state, specifically by the National Labor Relations Act, that establishes certain procedural guidelines on how the employer and the labor union may enter into a collective bargaining agreement. An example of a collective bargaining agreement is a stipulated agreement granting the employees certain bonuses and incentives and the grant of amenities by the employer to improve the working condition of the employees including the work hours and rest periods. The main essence of the collective bargaining agreement is for both parties to stipulate and agree on certain terms of employment condition that will equally benefit both parties.
A strike is a concerted activity of a group of employees to ventilate their grievances on their employer through means that will force the employer to grant certain demands to improve their work conditions. An example of a strike may either be a work stoppage or refusal of the employees to report to work and perform their regular tasks. In some cases, strike is staged through picketing and rallying outside of the office building. The main concept of a strike is to provide employees some means of ventilating their grievances when the same is continuously ignored by their employer.
Mediation is the process of resolving employment and work condition issues without the need of resorting to judicial proceedings. The main concept of mediation is to resolve the issues between an employer and its employees amicably through a third party called the mediator. An example where mediation is resorted to is when the parties do not agree on certain provisions embodied in the collective bargaining agreement and a mediator, instead of taking sides, shall allow the parties to communicate better and meet halfway in resolving the issue.
A fact finder is an impartial third party where the parties involved in a labor dispute submit their evidence and arguments for consideration. The fact finder then issues a report and recommendation based on its objective views on how to resolve the dispute between the parties according to the submitted evidences and arguments. An example where a fact finder is called upon by the parties to settle their dispute is when there are conflicting claims between them and the fact finder will find a resolution within the objective perspective based on the documents supporting each party’s claim against the other. The recommendation of the fact finder however is not binding to the parties.
Arbitration is the process of submitting to an unbiased third party called the arbitrator the disputed issues between parties that are willing to comply to the decision and recommendations made by the arbitrator. In effect, the decision of the arbitrator is binding between the parties and it is likened to a hearing outside of the judicial process where the parties are given the opportunity to submit their grievances with the opportunity to be heard. An example to an arbitration process is when the parties submit their conflicting stands regarding a conflict involving the implementation of a provision stated in the collective bargaining agreement. Instead of taking the issue to the court to determine the rights and obligations of the parties, the parties can settle the controversy not through a judicial proceeding but instead through a more expeditious manner than court litigation with the aid of an arbitrator.