Verified Document

Negotiation Difficult Negotiations: Arbitration In Term Paper

Regardless, it is difficult to conceive of a different type of negotiation process that could have better satisfied both parties or resulted in a more expedient settlement. One factor to remember is that that the issue in dispute was not the correctness of company policy, as it was a matter of law that rest breaks be mandated and that employees were not required to pay to maintain their uniforms, rather company compliance and compensation was the question. Fact-finding required verification from outside parties who were deemed to be objective enough in determining whether the various chains had been compliant with California law or not. Another factor to remember is that arbitration can result in a scenario where disputants are "less than fully committed" to seeing the resolution put through and during this negotiation as many of the plaintiffs were no longer working for the Red Lobster or the Olive Garden they had no leverage to 'walk out' of negotiations if nothing could be settled in a more informal mediation process (Lewicki & Saunders 2005: 49). Furthermore, the fact that the plaintiffs came from numerous chains meant that the two parties did not have a long-standing and general relationship that might emotionally compel one side to yield to the other side without formal pressure from an arbiter.

The eventual settlement did not dictate any change in the restaurant chain's practices, as the practices themselves were not the issue, only the issue of compliance and the restaurant chains' responsibility in ensuring its managers upheld state law. "However, attorneys for the class do not foresee...

"It reflects a payment of less than 100% of the liability so that the company would have an incentive to pay the workers now, rather than fight the case to trial and the courts of appeal" ("Red Lobster and Olive Garden Employees Settle Meal and Rest Break Class Action for $9.5 Million," 2006, Wage Law: California Wage and Hour Law). The settlement "did allow anyone who wanted to opt out to do so, to disclaim their share of the settlement, and to reserve the right to file their own lawsuit, which some have done, given that they feel the settlement awarded was too small ("Red Lobster and Olive Garden Employees Settle Meal and Rest Break Class Action for $9.5 Million," 2006, Wage Law: California Wage and Hour Law).
Works Cited

Lewicki, Roy J. & David M. Saunders. (2005). Negotiation. 5th Edition.

New York: McGraw-Hill/Irwin.

Red Lobster and Olive Garden Employees Settle Meal and Rest Break Class Action for 9.5 Million." (2006). Wage Law: California Wage and Hour Law. Retrieved…

Sources used in this document:
Works Cited

Lewicki, Roy J. & David M. Saunders. (2005). Negotiation. 5th Edition.

New York: McGraw-Hill/Irwin.

Red Lobster and Olive Garden Employees Settle Meal and Rest Break Class Action for 9.5 Million." (2006). Wage Law: California Wage and Hour Law. Retrieved 21 Mar 2007 at http://wagelaw.typepad.com/wage_law/2005/06/red_lobsteroliv.html
Cite this Document:
Copy Bibliography Citation

Related Documents

Negotiations Labor Disputes Are Nothing
Words: 2355 Length: 8 Document Type: Term Paper

Sports Illustrated proposed a thorough, if summary, compromise with regard to many of the issues that players and owners could not agree on: the elimination of arbitration in exchange for unrestricted free agency for 3-year veterans, establishing a middle ground between the owners' demand of free agency only after four years and the player's dislike of arbitration; also in the SI proposal were stipulations such as giving a luxury

Negotiation Police Labor Conflict in Boston: Summer
Words: 2054 Length: 6 Document Type: Term Paper

Negotiation Police Labor Conflict in Boston: Summer 2004 This report aims to discuss a recent negotiation that occurred in the city of Boston in June of 2004. As the 2004 election comes to a close and as of this writing we still have no official winner for the office of President of the United States. The Democratic Party is patiently awaiting the results of the vote from the state of Ohio. But

Negotiation for Delta Airlines the Situation in
Words: 1802 Length: 6 Document Type: Term Paper

Negotiation for Delta Airlines The situation in the airline industry was already in trouble long before September 11, 2001. Major airlines like Delta was pursuing bankruptcy as an option to fight off organizational collapse caused by reduced traffic, skyrocketing expenses and potential pilot strikes for both the wholly owned subsidiary Comair and Delta's own pilots. Since deregulation, one of the only alternatives for the major airlines was bankruptcy. The terrorist hijackings on

Negotiation Stories: Lessons Learned Negotiation
Words: 9576 Length: 30 Document Type: Professional Writing

While Cadbury was initially vulnerable resulting in this take over, Kraft had to borrow heavily to afford the final price of 850p per share. In the coming months and years, Kraft will have to balance against recovering the money put into this acquisition (Wiggins, 2010). A risk, many British politicians and citizens alike fear will mean the end of their signature chocolate in an effort by Kraft to increase

Bilateral Negotiation Is Mainly Characterized by the
Words: 1061 Length: 4 Document Type: Term Paper

bilateral negotiation is mainly characterized by the fact that there are only two parts trying to reach an agreement. The two sides can either have a conflicting negotiation, where they're disputing a certain aspect (it may be an economic dispute or a political matter, for example), or a constructive negotiation, where they are drawing up a cooperation agreement, for example. B) Internal negotiations are negotiations that take place inside the

Role of Workplace Interpersonal Communication: Management Communication...
Words: 3726 Length: 8 Document Type: Essay

Management Communication - the Role of Workplace Interpersonal Communication Communication, in simple terms, refers to "the process of sending and receiving messages" (Bovee & Thill, 2008, p. 2). Baack (2012); Bovee and Thill (2008) agree that there are two major facets of organizational communication -- internal communication (exchange of ideas and information within the boundaries of an organization) and external communication (exchange of information beyond an organization's borders). Internal communication can

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now