NLRB Report: Analysis of Labor Relations, Arbitration, and Bargaining

This report examines the National Labor Relations Board (NLRB), its role in labor relations, and the use of arbitration. It discusses the NLRB's functions in safeguarding employee rights, addressing labor disputes, and promoting collective bargaining. The report highlights the advantages and disadvantages of arbitration, including its speed and cost-effectiveness compared to litigation, as well as the potential for partial arbitrators and limited explanations of decisions. It advocates for a shift towards interest-based bargaining within the NLRB, emphasizing cooperative negotiation to resolve disputes by considering the needs, concerns, and fears of both parties, allowing them to trade off issues to achieve mutually beneficial outcomes. The report references relevant literature on labor law and the NLRB's practices.

Running head: NATIONAL LABOR RELATION BOARD
NATIONAL LABOR RELATION BOARD
Name of the student
Name of the university
Author note

1
NATIONAL LABOR RELATION BOARD
The National Labor Relation Act was enacted in the year 1935 to safeguard the
entitlement of both the employers and the employees, to motivate the agreement of collective
bargaining. It also initiates to reduce specific private sector management and labor practices that
can be detrimental to the welfare of the business, workers, and the economy of the United State s
(Fine, 2015). The rejection by the employers of the employee’s right to organize as well as
rejection by employers to approve the collective bargaining procedure tends to labor strikes with
the intent of put obstruction to the business. The inequality of the power of in-between the
workers who do not have the liberty of association or contract gives rise to disagreement. The
employers that are organized in the company substantially affect and burdens the movement of
business in addition to that inclined to business depression. The court and NLRB initiate to
produce equality of the power of bargaining between the employers and the labor union.
The pros of arbitration are it is speedier and cheaper in comparison to litigation and
thereby invites elasticity in the scheduling. The cons of the procedure of arbitration are
impending for the partial arbitrator of the arbitrator panels (Dannin, 2018). Furthermore, little
explanation has been provided, usually on the basis of arriving at any decision. In case the
arbitration is obligatory, there is a minor alternative for losing the party.
The National Relation Board must be modified not to involve ADR rather for the
implementation of a bargaining agreement that concentrates on the interest-based bargaining
(O’Brien, 2016). Integrated bargaining that can also be designated as interest-based bargaining is
the strategy of negotiation where the party cooperates to discover resolution t the disagreement.
The interest involves desires, need, concern as well as fear from either side. The significance of

2
NATIONAL LABOR RELATION BOARD
this category of bargaining is the party is able to trade off the issues for the purpose of being
fulfilled with outcome.

3
NATIONAL LABOR RELATION BOARD
References
Dannin, E. (2018). Taking back the workers’ law: How to fight the assault on labor rights.
Cornell University Press.
Fine, J. (2015). Alternative labor protection movements in the United States: Reshaping
industrial relations?. International Labour Review, 154(1), 15-26.
O’Brien, C. N. (2016). Will the Supreme Court Agree with the NLRB That Pre-Dispute
Employment Arbitration Provisions Containing Class and Collective Action Waivers in
Both Judicial and Arbitral Forums Violate the National Labor Relations Act-Whether
There Is an Opt-out or Not. U. Pa. J. Bus. L., 19, 515.