Perhaps a more thorough insight can be achieved by performing an analysis of unfair labor practices that can be considered to lead to instances where collective bargaining is a viable option. Three examples of unfair labor practices in the real world shall now be elaborated upon in order to provide an understanding of the applied aspects of labor relations with respect to collective bargaining.
An example of unfair labor practices was observed in the 2004 Anderson Cooper 360 broadcast on CNN in which an audit spanning three years of Wal-Mart was observed to show that Wal-Mart was overworking its employees to such high extents where they were unable to even take lunch breaks and had to work overtime more than often simply to complete the tasks that they had been assigned (Fortune, 2004). Other reports of unfair labor practices include reports such as those on Block Buster Inc.
regarding occurrences of racial discrimination and the accrediting of high turn-over rates for the very same reason. The organization was also criticized for not allowing the formation of a labor union in order to suppress objections against any biased conduct it may have been carrying out (Terry, 2004). More recent are occurrences such as those of Kroger Co. when it was sued by the United Food & Commercial Workers Union, Local 555 on charges of failing to bargain in good faith.
The process of collective bargaining went haywire when Fred Meyer, which is owned by Kroger Co. , increased the opportunity cost that employees will have to pay in order for their health insurance coverage to maintain (Yahoo Finance, 2009). We can infer from this discussion that the role of an arbitrator is highly imperative in the process of collective bargaining. In terms of a real world scenario, we can infer the significance of the role of an arbitrator from the following example.
In late 1998, a much heated National Basketball Association (NBA) dispute was settled by arbitrator John Feerick when he decided to state that players who had signed contracts but were not being paid during lockouts did indeed have a right to file grievances with him (CNN Sports Illustrated, 1998). As a result of the presence of the arbitrator, the NBA was unable to extend the case time by manipulating the court system and the measure allowed players to advocate for their basic rights. The NBA had violated terms of the contract by disagreeing to pay the player for the time when they were not on the field.
CNN Sports Illustrated. (1998, August 4). Feerick to NBA: I do have jurisdiction. Retrieved April 22, 2009, from cnn. com: http://sportsillustrated. cnn. com/basketball/nba/news/1998/08/04/nbalockout_update/ Fortune, S. (2004, January 13). Andeson Cooper 360 Degrees. (A. Cooper, Interviewer) Terry. (2004, July 24). Block-Buster Inc. Unfair Labor Practice Racial Discrimination Dallas Texas & San Diego Calfornia.
Retrieved April 22, 2009, from Ripoff Report: http://www. ripoffreport. com/reports/0/099/RipOff0099786. htm Washburne, T. W. , & Jahr, M. D. (2007, February 28). A Collective Bargaiing Process. Retrieved April 22, 2009, from Mackinac Center: http://www. mackinac. org/article. aspx? ID=8274 Yahoo Finance. (2009, April 9). UFCW Local 555 Files Unfair Labor Practice Charge Against Kroger Company. Retrieved April 22, 2009, from Yahoo: http://messages. finance. yahoo. com/Stocks_(A_to_Z)/Stocks_K/threadview? m=tm&bn=10392&tid=66803&mid=66803&tof=26&off=1