Assignment: Alternative Dispute Resolution And Union Involvement
Overview
Write a 6-9-page three-part written analysis of workplace investigations, dispute resolution processes, and the impact of unions on alternative dispute processes.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
• Competency 4: Describe the grievance process, dispute resolution options, and protection of employees from retaliation.
o Analyze processes and key issues for conducting a legal workplace investigation.
o Compare alternative dispute resolution processes.
Competency 5: Examine the impact of labor unions on employee-employer relationships.
o Assess the impact of unions on the alternative dispute resolution process.
Competency 6: Communicate professionally with all stakeholders.
o Write in a clear, well-organized manner with the required number of resources to support a central idea, with no technical writing errors, as expected of a business professional.
Required Resources
The following resource is required to complete Part 1 of the assessment.
• Sexual Harassment Workplace Scenarios [PDF].
Suggested Resources
The resources provided here are optional and support the assessment. They provide helpful information about the topics. You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriate, credible, and valid. The Supplemental Resources and Research Resources, both linked from the navigation menu in your courseroom, provide additional resources to help support you.
Alternative Dispute Resolution and Union Involvement
You may read the following:
• Avgar, A. C., Lamare, J. R., Lipsky, D. B., & Gupta, A. (2013). Unions and ADR: The relationship between labor unions and workplace dispute resolution in U.S. corporations. Ohio State Journal on Dispute Resolution, 28, 63.
• Bulkeley, A. (2017). An imperfect union. Oregon Business Magazine, 40(4), 32-36.
• Grenig, J. E. (2016). Evolution of the role of alternative dispute resolution in resolving employment disputes. Dispute Resolution Journal, 71(2), 99-139.
• Lipsky, D. B., Seeber, R. L., &Avgar, A. C. (2015). From the negotiating arena to conflict management [PDF]. Negotiation Journal, 31(4), 405-413.
• Posthuma, R. A., Flores, G. L., Dworkin, J. B., & Pavel, S. (2016). Social context and employment lawsuit dispute resolution. International Journal of Conflict Management, 27(4), 547-569.
• Riker, C. N. (2018). Protecting employers by protecting employees. Indiana Lawyer, 29(1), 19-20.
Instructions
For this assessment, analyze the value of efficient workplace investigations, effective alternative dispute resolution processes, and the impact unions have on alternate dispute resolutions (ADRs).
Part 1: Hostile Work Environment Investigation
Analyze processes and key issues for conducting a legal workplace investigation.
• Read the Sexual Harassment Workplace Scenarios linked in the Resources under the Required Resources heading and select one scenario to respond to the following:
o Brainstorm some investigatory questions you would like to ask the employees involved.
o Discuss if the employee's actions arise to the level of hostile workplace harassment.
o Explain how the interview questions you would like to ask would be legally compliant with a hostile work environment investigation.
Part 2: Alternative Dispute Resolutions
Compare alternative dispute resolutions.
• Respond to the following questions, using your current organization for context, if possible, so that you can include your insights into organizational culture and norms.
o What are the three most important things you would be concerned about if charged with creating a new ADR process for an organization?
o How would you ensure that employees would not face retaliation?
o How would you compare ADR practices, including negotiation, mediation, and arbitration?
o In what ways are these practices similar and different?
Part 3: Different Unions, Different Issues
Assess the impact of unions on the ADR process.
• Respond to the following questions, using your current organization for context or another organization that is unionized:
o How might having a union involved help or hinder the process for investigations?
o Does the issue change with the presence of a union?
o What are the benefits to the organization and employee for having a union?
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.