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Strikes and strikebreaking, lockouts and boycotts, all pit one side against the other in labor disputes. Ultimately, the negative effects of such actions 一 including resentment, fear, and distrust 一 linger for months or years after a dispute has been resolved. Increasingly, more productive techniques such as mediation and arbitration are being used to settle disagreements between labor and management. Either one may come into play before a labor contract expires or after some other strategy, such as a strike, has proven ineffective. Mediation is the use of a neutral third party to assist management and the union during their negotiations. This third party (the mediator) listens to both sides, trying to find common ground for agreement. The mediator also tries to encourage communication between the two sides to promote compromise, and generally keep the negotiation moving. Initially, the mediator may meet privately with each side. Eventually, however, the goal is to get the two sides to settle their differences at the bargaining table.
Unlike mediation, the arbitration step involves a formal hearing. Just as it may be the final step in a grievance procedure, it may also be used in contract negotiations when the two sides cannot agree on one or more issues. At this point, the arbitrator hears the formal positions of both parties on outstanding, unresolved issues. The arbitrator then analyzes these positions and makes a decision on the possible resolution of the issues. If both sides have agreed in advance that the arbitration will be binding, that means they must accept the arbitrator’s decision. If mediation and arbitration are unsuccessful, then according to the Taft-Hartley Act, the president of the United States can obtain a temporary injunction to prevent or to stop a strike if it would endanger national health or security.
26. According to the author,with the solution of a labor crisis .
A. the tension between labor and management can continue
B. labor and management do not trust each other any more
C. the negative effect of actions like strike would be resolved
D. a long time is needed to bring the dispute to an end
27. To resolve a labor dispute,one should .
A. resort to mediation or arbitration from the start
B. make sure that the labor contract expires
C. take other steps before going to mediation or arbitration
D. strike first and then accept mediation or arbitration
28. Which of the following is true of mediation?
A. The mediator makes final decisions after meeting with both sides.
B. To avoid bias, the mediator cannot meet either side in advance.
C. The primary task is to help both sides bargain with each other.
D. The mediator can be a representative from either the labor or the management.
29. The pre-condition for an arbitration to be authoritative is that •
A. both sides agree in advance to abide by the decision made
B. a formal hearing must be conducted just like in a court trial
C. the decision is focused on the most outstanding and unresolved issues
D. there is no bargaining allowed by arbitration, unlike mediation
30. In the last sentence, the underlined word “ injunction” most likely refers to .
A. a formal declaration B. a subpoena
C. a lawsuit protocol D. an official order
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