Archive for the ‘Union’ Category

Mediation and Arbitration are the Same Thing

March 25, 2009

Mediation and Arbitration are the Same Thing

At least this is how I read this paragraph:

Under the new legislation, if the two parties cannot reach an agreement, either may request mediation from the Federal Mediation and Conciliation Service. [the following has been edited in as per this post] If mediation fails, binding interest arbitration is mandated. The decision of the arbitration panel is binding for two years. This is the provision of the Employee Free Choice Act that the business community is determined to defeat. It will provide labor with a powerful tool for collective bargaining which has been absent for generations.

Note the italicized section. It is not very clear that from a request for mediation, somehow, somewhere the issue is also decided by arbitration. Very odd.

Correct me if I am wrong, but a massive difference between mediation and arbitration is the issue of the third party being neutral (mediation) while in the other (arbitration), the third party makes a decision.

The article is referring to a bill in the Senate regarding the “50+1 Rule” being proposed to for groups wanting to unionize.

I sent an email to the writer of the article asking for clarification, if he replies, I will let everyone know.

Read the article [here]