General disputes in the construction industry can be referred to a construction industry bargaining tribunal (CIDRT) once 75% of the commercial divisions have ratified agreements. For example, if there are 24 commercial departments and there are 18 new collective agreements, the remaining 6 disputes can be referred to a TTTC. A successful strategy should include the successful use of “comparators.” Other companies of similar size in the same region and industry that have traded are good comparators. It is also important to convince the arbitrator to use the initial contracts as comparators. Mature or long-standing contracts are bad comparison firms, as they probably involve large, well-established companies that can afford to give unions more than a small, young business. Determining the right comparators is essential for an employer in the interest of arbitration. If a collective agreement is not concluded through negotiation, with or without the assistance of a mediator, voluntary interest rate arbitrage may be considered. Employers and workers who do not have the right to strike or lock-out are subject to forced conciliation cases, for example. B firefighters. On request, the AECP invites the parties to submit their proposals to an arbitrator of the Federal Mediation and Conciliation Service (FMCS). The arbitrator, not the parties, will decide what will be in the first contract, including all economic conditions, on issues on which the union and the company have not agreed. First Contract Arbitration (FCA) is a legal mechanism that allows both parties, during an unsuccessful negotiation, to ask the employment office to direct the settlement of a first collective agreement through arbitration.
There are four types of FCAs: (1) Automatic (time limit has been exceeded, no signs of dysfunction are needed); (2) “Some” of the fault, but the Minister must go to the Labour Council (the applicant must provide evidence of bad faith or dysfunctional bargaining); (3) “Some” errors, but applied directly to the Labour Board (the parties to the evidence negotiated at a dead end); and (4) sustained mediation (stalemate and strike vote took place). However, when the AECP is adopted, many employers will almost certainly find the conciliatory interest inevitable. In the event that employers and unions negotiate their first collective agreement (first contract), the employment committee may order the dispute to be established. The negotiation process and the “relationship development” necessary for the conclusion of a collective agreement form the basis of an effective working relationship. Both parties understand how the terms of the agreement work and expectations are made public through the negotiation process. The parties themselves are in the best position to determine priorities and decide on the price each is willing to pay to achieve them. The role of the government is to ensure that the parties respect the rules and not to determine the content of the agreement. Interest arbitration is not widely used in the private sector, although it is often used by some government agencies. In some cases, private companies have voluntarily agreed to pay for arbitration procedures for first instance contracts in neutrality agreements with trade unions or where a new facility is the result of an existing trade union organisation. Should arbitrators consider a company`s ability to pay when imposing an initial contract? This is a matter of debate among arbitrators. Some see creditworthiness as an important factor in their decisions.
Others, who turn to a form of “industrial justice,” see it as the “business problem.” They want workers in the same region and industry to be treated in a “fair” way, even if it can weaken the company. These arbitrators should be avoided, especially by small businesses.