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Article
Publication date: 1 February 1975

Ian G. Smith

The British industrial relations system has, on the whole, tended to serve the country well, but it has failed to adapt to new conditions in the postwar period and has…

Abstract

The British industrial relations system has, on the whole, tended to serve the country well, but it has failed to adapt to new conditions in the postwar period and has faltered. More importantly the study of industrial relations has provided a great deal of analysis and a minimum of synthesis of new ideas. The lack of change and adaptation in collective bargaining has increasingly resulted in the failure of the system to cope effectively with the ever changing, and increasingly complex, social, technical and economic forces in our society. Thus collective bargaining has too often been seen to fail in the achievement of orderly settlements to claims, grievances and disputes. One result has been legislation in the shape of the Industrial Relations Act which merely served to inflame collective bargaining. After working for several years in Canada, in the field of labour relations, it is this writer's contention that industrial relations legislation is an unsuitable substitute for management and union jointly solving their problems in an open yet business‐like atmosphere. Legislation is too prickly for the sensitive ears around a bargaining table, and in the last analysis management and unions will do their utmost to avoid any chance of entanglement in the legal web.

Details

Personnel Review, vol. 4 no. 2
Type: Research Article
ISSN: 0048-3486

Article
Publication date: 1 July 1992

Janet Walsh

Conventional wisdom is that decentralized bargaining, performancepay and individualized remuneration schemes enable managers to utilizehuman resources more effectively…

Abstract

Conventional wisdom is that decentralized bargaining, performance pay and individualized remuneration schemes enable managers to utilize human resources more effectively. Examines employers’ recent experiences of such arrangements by drawing on data on company pay policies. Argues that moves to fragment bargaining and individualize reward systems have created new difficulties and problems in the management of pay, and that such initiatives can have costly consequences for employers.

Details

Personnel Review, vol. 21 no. 7
Type: Research Article
ISSN: 0048-3486

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Article
Publication date: 1 April 1971

Reed Moyer

Examines the roots of bargaining power in the nature of market structure, financial resources, sub‐situation possibilities and the innate skills of those doing the…

Abstract

Examines the roots of bargaining power in the nature of market structure, financial resources, sub‐situation possibilities and the innate skills of those doing the bargaining. Looks at the effects of these in pricing strategy. Concludes that, although highly “visible” bargaining is not the main determinant of price, but rather one of a series of factors.

Details

European Journal of Marketing, vol. 5 no. 4
Type: Research Article
ISSN: 0309-0566

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Article
Publication date: 1 March 1978

P.B. Beaumont

This study examines the views of a group of managers about the value of the collective bargaining process as a means of dealing with a variety of job‐related issues. The…

Abstract

This study examines the views of a group of managers about the value of the collective bargaining process as a means of dealing with a variety of job‐related issues. The views reported indicate that collective bargaining is considered most effective in dealing with the traditional wages, hours, fringe benefit, grievances subjects of bargaining, which are in turn considered the job‐related issues of major concern to workers. The success of collective bargaining in dealing with these traditional matters did not seem to be related to the existence of clear cut differences between union and management goals on these matters. There was also found to be little management support for extending the subject matter of collective bargaining, except in the area of job security.

Details

Personnel Review, vol. 7 no. 3
Type: Research Article
ISSN: 0048-3486

Book part
Publication date: 16 December 2004

Susan Moore Johnson

Certain features of collective bargaining have, over time, promoted uniformity and sometimes inflexibility in teacher policy and negotiated contracts. From the start, the…

Abstract

Certain features of collective bargaining have, over time, promoted uniformity and sometimes inflexibility in teacher policy and negotiated contracts. From the start, the National Labor Relations Act (NLRA) – passed in 1935 to regulate unionization and collective bargaining in the private, industrial sector – served as the template for state labor laws regulating education. The framers of the NLRA never had the needs of the public sector or schools in mind. Yet the 35 states that now require collective bargaining for teachers have drawn on the NLRA’s procedures and standards. For example, they have used the NLRA for defining how teachers organize and are represented; what constitutes an unfair labor practice; and how obligatory membership or dues provide union security (e.g. agency shop, union shop). They have also drawn on the NLRA to define what range of issues can be bargained; whether strikes are legal; and what processes are used to resolve an impasse (e.g. mediation, fact finding, binding arbitration, or all three).1 Although the laws of the 35 states show some important variations, their similarity is more striking than their differences. Jessup (1985) concluded that the narrow scope of bargaining established by New York’s Taylor Law “severely restricted the range of concerns teachers could productively bring to the bargaining table” (p. 195).

Details

Teacher Unions and Education Policy: Retrenchment of Reform?
Type: Book
ISBN: 978-1-84950-126-2

Book part
Publication date: 30 October 2009

Stephen H. Aby

Faculty unionization is growing, and library faculty members are included in many collective bargaining units. Yet there is a dearth of information on how well collective…

Abstract

Faculty unionization is growing, and library faculty members are included in many collective bargaining units. Yet there is a dearth of information on how well collective bargaining contracts address the sometimes unique nature of library faculty work. This article explores contracts in a number of Ohio universities and from selective institutions around the country to see how well they accommodate the professional and work-related needs of librarians. Major contractual issues addressed include governance, academic freedom, workload, salary, and the retention, tenure, and promotion (RTP) of faculty, among others.

Details

Advances in Library Administration and Organization
Type: Book
ISBN: 978-1-84950-580-2

Book part
Publication date: 24 May 2021

Rebbecca Reed-Arthurs, Michael P. Akemann and David J. Teece

Recent US federal court rulings have provided new guidance on the use of economic models of bargaining in estimating reasonable royalty damages in patent cases. After…

Abstract

Recent US federal court rulings have provided new guidance on the use of economic models of bargaining in estimating reasonable royalty damages in patent cases. After reviewing relevant case law and providing an overview of the bargaining range approach, we describe one analytic method (the Rubinstein Bargaining Model) for developing a quantitative starting point with which to divide a bargaining range and explain how it can be tied, at least in part, to the facts and circumstances of the parties around the time of the Hypothetical Negotiation. We also describe how this approach can be used in conjunction with an analysis of other quantitative and qualitative factors related to the bargaining power of the parties, to help estimate reasonable royalty damages.

Details

The Law and Economics of Patent Damages, Antitrust, and Legal Process
Type: Book
ISBN: 978-1-80071-024-5

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Book part
Publication date: 25 March 2010

Yang Xie, John M. Brooks, Julie M. Urmie and William R. Doucette

Objective – To examine whether local area pharmacy market structure influences contract terms between prescription drug plans (PDPs) and pharmacies under Part D.Data …

Abstract

Objective – To examine whether local area pharmacy market structure influences contract terms between prescription drug plans (PDPs) and pharmacies under Part D.

Data – Data were collected and compiled from four sources: a national mail survey to independent pharmacies, National Council for Prescription Drug Programs (NCPDP) Pharmacy database, 2000 U.S. Census data, and 2006 Economic Census data.

Results – Reimbursements varied substantially across pharmacies. Reimbursement for 20mg Lipitor (30 tablets) ranged from $62.40 to $154.80, and for 10mg Lisinopril (30 tablets), it ranged from $1.05 to $18. For brand-name drug Lipitor, local area pharmacy ownership concentration had a consistent positive effect on pharmacy bargaining power across model specifications (estimates between 0.084 and 0.097), while local area per capita income had a consistent negative effect on pharmacy bargaining power across specifications(−0.149 to −0.153). Few statistically significant relationships were found for generic drug Lisinopril.

Conclusion – Significant variation exists in PDP reimbursement and pharmacy bargaining power with PDPs. Pharmacy bargaining power is negatively related to the competition level and the income level in the area. These relationships are stronger for brand name than for generics. As contract offers tend to be non-negotiable, variation in reimbursements and pharmacy bargaining power reflect differences in initial insurer contract offerings. Such observations fit Rubinstein's subgame perfect equilibrium model.

Implication – Our results suggest pharmacies at the most risk of closing due to low reimbursements are in areas with many competing pharmacies. This implies that closures related to Part D changes will have limited effect on Medicare beneficiaries’ access to pharmacies.

Details

Pharmaceutical Markets and Insurance Worldwide
Type: Book
ISBN: 978-1-84950-716-5

Book part
Publication date: 14 July 2004

Carlos Diaz-Moreno and Jose E Galdon-Sanchez

In this paper, we build a complete information bargaining model of collective negotiation that can explain delays in reaching agreements. We structurally estimate the…

Abstract

In this paper, we build a complete information bargaining model of collective negotiation that can explain delays in reaching agreements. We structurally estimate the model using firm-level data for large Spanish firms. For this type of firm, the assumption of complete information seems a sensible one, and it matches the collective bargaining environment better than the one provided by private information models. The specification of the model with players having different discount factors allows us to measure their relative bargaining power, a recurrent question in the theory of bargaining. Our model replicates the data on delays at the sectoral and aggregate level. We also find that both entrepreneurs and workers have high discount factors, and no evidence that entrepreneurs have greater bargaining power, as usually assumed.

Details

Accounting for Worker Well-Being
Type: Book
ISBN: 978-1-84950-273-3

Book part
Publication date: 2 May 2011

Kurtis Swope, Ryan Wielgus, Pamela Schmitt and John Cadigan

Purpose – Land assembly can mitigate the negative environmental impacts of land fragmentation on urban areas, agriculture, and wildlife. However, the assembler faces…

Abstract

Purpose – Land assembly can mitigate the negative environmental impacts of land fragmentation on urban areas, agriculture, and wildlife. However, the assembler faces several obstacles including transactions costs and the strategic bargaining behavior of landowners. The purpose of this chapter is to examine how the order of bargaining and the nature of contracts may impact the land assembler's problem.

Methodology – We develop theoretical predictions of subjects' behavior and compare these to behavior in a laboratory land-assembly game with monetary incentives.

Findings – Sellers bargain more aggressively when bargaining is sequential compared to simultaneous. Noncontingent contracts increase bargaining delay and the likelihood of failed agreements. Buyers and sellers act more aggressively when there are multiple bargaining periods, leading to significant bargaining delay. When a seller has an earnings advantage in the laboratory, it is the first seller to bargain in noncontingent contract treatments. In sequential bargaining treatments, most sellers preferred to be the first seller to bargain.

Research limitations – Our laboratory experiments involved only two sellers, complete information, and costless delay. Land assembly in the field may involve many sellers, incomplete information, and costly delay.

Practical implications – Some of our results contradict conventional wisdom and a common result from the land-assembly literature that it is advantageous to be the last seller to bargain, a so-called “holdout.” Our results also imply that fully overcoming the holdout problem may require subsidies or compulsory acquisition.

Originality – This chapter is one of the first to experimentally investigate the land-assembly problem, and the first to specifically examine the role of bargaining order and contract type.

Details

Experiments on Energy, the Environment, and Sustainability
Type: Book
ISBN: 978-0-85724-747-6

Keywords

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