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Nature of Conflict and the Negotiation Process
Nature of Conflict and the Negotiation Process
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Introduction
Conflict is among the most genuine and raw human reactions in response to interactions and engagements with others. In fact, it can be said to be an indication of the different perspectives that are healthy for human-human interactions. Conflict arises from the different points of view regarding what is of value and importance to an entity. It also emerges out of priorities and the process of prioritizing. Different opinions and points of view yield power struggles. A power struggle is defined by Van Bunderen, Greer, and Van Knippenberg (2018) as a situation where different entities compete for the control of a particular element. For example, in negotiating for better employee benefits, union members and employers will likely be entangled in power struggles as each group competes for control of what is of value and priority. In this essay, the overall purpose is to provide a reflection on the nature of conflict within the negotiation process. It also looks at power struggles and how they end up being scenarios for negotiations and bargaining. Specifically, the NBC Universal Media case (02-CA-262640 JD(NY)-02-21) will be analysed regarding the decision, the conflict, the negotiation issues, and the outcome. Ultimately, power struggles birth negotiations and bargaining.
The Case
The NBC Universal Media case (02-CA-262640 JD(NY)-02-21) was tried remotely by administrative law judge Kenneth Chu on December 21, 2020. It was found that NBC Universal Media had engaged in unfair labor practices. The decision made was for the organization to compensate employees for the earnings and costs suffered. This was against the organization’s decision to rescind the 2020 merit wage increase. It was ruled that NBC Universal Media’s wage rollback was unlawful.
Before the pandemic, NBC News employees were not represented by a union until recently, which was a significant change. A group of editorial employees on the company’s digital side won union certification, signaling the beginning of a sea change in the media corporate culture. The New York NewsGuild has been designated as the bargaining unit for this contract. In opposition, NBC Universal Media was determined to protect its margins and shareholder bottom lines from the effects of the pandemic by rescinding all wage increases for a specific group of employees. The company went further to carry out this policy without adequately involving the employees and their bargaining platform. The conflict was regarding the Union of NBC Universal Media employees, NewsGuild, was denied an opportunity to bargain over the changes to the pay structure that has traditionally defined the relationships between the employer and the employees. According to an administrative law judge, NBC Universal Media should have given NewsGuild a chance to bargain over the pay structure changes before going public with the decision. An administrative law judge for the National Labor Relations Board raised concerns about the decision to rescind the wage increases. NBCUniversal violated labor laws by implementing pay changes without giving the NewsGuild a chance to bargain, as required by the National Labor Relations Act. It is important to note that NBC is not the only company that has had to make difficult pay decisions as a result of the pandemic. power struggles led to the issue being taken to the National Labor Relations Board. NBC employees now have a say in wage negotiations, thanks to a successful organizing drive in 2019, and the company can no longer unilaterally cut wages without a CBA in place.
The negotiation issues are quite straightforward. NBC employees affected by the decision to rescind wage increases wanted a chance to bargain through their union. The issue is that NBC’s executives had made an executive decision and policy that was not up to debate. The style of breaking the news and the consequent ramifications for the workers led to a need to at least provide a counter offer in relation to the percentage or merit wage increase that should be expected by the employees. The employees, through their union, had offered and were willing to table a discussion on the need for wage reductions due to the adverse effects of the COVID-19 pandemic. They even requested to discuss the issue multiple times yet the management refused. There was a power struggle between the employees and the management, with the latter attempting to bulldoze its way on the decision to rescind merit wage increases that have been a part of the organization for a while making a tradition. Overall, the main issue is the obligation by NBC to bargain with the workers’ union over all matters relating to their welfare, whether there have been severe financial effects or otherwise. In their brief to the National Labor Relations Board, NBC presented that their position on the matter was not aimed at unlawfully or unfairly affecting the welfare of union members. However, the issues and ensuing conflict point to an effort by the media company to subvert the collective bargaining representative.
Evaluation of Conflict Present in the Case
In the NBC workplace, the type of conflict present was labor relations with a particular emphasis on the need to retain the right to bargain and the collective bargaining representative of the employees through their union. The main issue is that NBC ignored its obligation to listen to what the employees and their bargaining platform, NewsGuild, had to say and the counter offer they were willing to present on the issue of the decision to rescind merit wage increases. Therefore, there was industrial conflict that led to labor disputes.
Industrial action is a term that refers to a situation in which employers or employees take collective actions to exert necessary pressure on other collective bargaining parties so as to accomplish their objectives. The term is frequently used interchangeably with labor dispute. Conflicts of interest can cause people, groups, and organizations involved in the industrial relations system to engage in disagreements of varying intensity as a result of their involvement. The relationship between business owners/shareholders/managers and their employees/unions/workers is frequently tense. At any level of industrial relations, whether subtly or explicitly, conflicts can arise. Theft, go-slows, work-to-rule, output reductions, noncooperation, and industrial action are all examples of conflict among employees (strikes, lock-outs, boycotts). Industrial conflict can result from disagreements over values and objectives, as well as differences in power, status, and distribution relationships. If you want to put it another way, industrial conflict is the place to look for both conflict and peace in the workplace. Various explanations for the emergence of industrial conflict have been proposed, ranging from Marxism that is focused on the working class to explanations that link industrial conflict to a clash of economic interests between employers and employees.
How the Negotiation Process Helped Resolve the Conflict
In the event of a disagreement, it is common for the conflict to escalate, with each side accusing the other in ever-more-aggressive terms (Kearney & Mareschal, 2017). A lawsuit could end up being filed, which would permanently harm the relationship. Most of the time, both sides in a negotiation are well-aware of their goals and are willing to compromise in order to achieve a mutually beneficial outcome for all parties involved. The goal of negotiation is to reach an agreement between disputing parties by exchanging information and ideas. Conflicts and problems are frequently resolved through negotiation. It occurs when people are trying to solve a problem by talking to one another. Negotiations are commonplace in the workplace, from securing a raise to drafting a sales agreement. In the case presented above, the negotiation involved a conflict-resolution approach. In this approach, the National Labor Relations Board was used to negotiate between NBC Universal Media and NewsGuild. A distributive negotiation approach was taken. Jeong et al. (2019) define it as an approach to negotiation where the success of one party depends on the failure of the other party. It is also called a zero sum or a win-lose style of negotiation. In a distributive negotiation, the focus is on a single point of contention. NBC Universal Media was unwilling to let the employees practice their right to collective bargaining. Conflict arose due to this. As a result, the court ordered the organization to compensate employees for the earnings and costs suffered. This was against the organization’s decision to rescind the 2020 merit wage increase. It was ruled that NBC Universal Media’s wage rollback was unlawful. The negotiation process brought an end to the contention on whether NBC employees had a right to bargain the salary reduction policy. It also set precedence for media house executives in future to consider the right to collective bargain for all employees.
References
Jeong, M., Minson, J., Yeomans, M., & Gino, F. (2019). Communicating with warmth in
distributive negotiations is surprisingly counterproductive. Management Science, 65(12), 5813-5837.
Kearney, R. C., & Mareschal, P. M. (2017). Labor relations in the public sector. Routledge.
National Labor Relations Board (NLRB). Case 02-CA-262640. JD(NY)-02-21.
https://apps.nlrb.gov/link/document.aspx/09031d45833853d0
Van Bunderen, L., Greer, L. L., & Van Knippenberg, D. (2018). When interteam conflict spirals
into intrateam power struggles: The pivotal role of team power structures. Academy of Management Journal, 61(3), 1100-1130.
Cyber Security. Internet privacy, security and surveillance are important to protect our finances and moral values.
Cyber Security
Thesis Statement: Internet privacy, security and surveillance are important to protect our finances and moral values.
The protection of the financial sector from attacks of different kinds that facilitate obtaining information on business transactions is a necessity for the global economy that is increasingly adopting the online platform for business. Risks involved in security breaches that reveal user information leading to potentially serious financial losses have stood in the way for a completely functional online business platform (Robin para.3). The recent successes in online transactions and banking have shown tremendous improvements for the computing world, in dealing with potential threats. This comes as a promising future for the integrity of cyber transactions in overcoming the vice. It should be important for the computing world to facilitate a safer attribute for the simpler version of business presented by cyber transactions before a completely online-based economy gets rolled out. To illustrate the recent successes, the ambitious mobile banking products currently operating in some African countries cannot thrive without the proper mechanisms to protect the economy of the developing world. The importance of security at such an economic level not only touches on the support of micro and medium level businesses in rural areas of the developing world but on the national economy of an entire country. In the near future, it will be comfortably possible to predict that the laxity in rolling out a safe environment for an online-based global economy will have to end in order to open up unexploited potential and opportunity of the global community.
Humans are social beings with complicated social order attributes that need balancing at all times for the benefit of the society remaining as a functional unit. Among the most important social attributes that hold the human society together are social values and morals. This important attribute of the society however remains exposed to blatant abuse by certain immoral elements that misuse the internet. Cyber security breaches have been a target by the sections of social misfits attacking the social fabric of the human race through the internet to cause disability to social values. Posting of immoral content on the internet and distributing it to the global audience is an attack on the social integrity of the human community. It therefore follows that the security mechanisms formulated by the authorities to counter cyber attacks must consider protecting social values in the global village for a better society to thrive (RCG, 6). A cold culture without human values and morals is tantamount to the elimination of the human race if the internet continues to enjoy unchecked access to dump immoral content for an audience that is unwilling to destroy the social fabric. To illustrate the magnitude of potential risks posed by cyber misuse with regard to social values and morals, the society is increasingly under the threat of being unable to control explicit content and highlight of social vices as a way of life. The influence that the dissemination of negative content has to the society not only affects children but also poisons the minds of the general audience. Social leaders and families will continue to struggle to regain control of the social units they are in-charge of until the content of the internet is safe to the society moral values.
Robin, “5 Major Internet Security Threats to Avoid,” Last updated 22 June 2011, Web. HYPERLINK “http://www.ebestinternetsecurity.com/internet-security-threats/” http://www.ebestinternetsecurity.com/internet-security-threats/ (Accessed 21 March 2012)
Thomson, Ian. “Government, Business, Military are Internet Security Threats,” 2012, Web. HYPERLINK “http://www.theregister.co.uk/2012/02/29/schneier_warns_government_business_threat/” http://www.theregister.co.uk/2012/02/29/schneier_warns_government_business_threat/ (Accessed 21 March 2012)
RCG, “Immorality Explosion,” 2003, Web. HYPERLINK “http://rcg.org/trends/tie.pdf” http://rcg.org/trends/tie.pdf (Accessed 21 March 2012)
Nature if the US Taxation System
Nature if the US Taxation System
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Introduction
The US is a federal republic with autonomous state and local governments. Taxes in the US are charged at the federal, state and local levels. The US tax system has evolved over the last three centuries, marked by significant changes in response to changes in the structure and role of the government, changes in the economy and society as well as changes in other circumstances. The types of taxes charged, the magnitude of revenues and the relative proportions of the taxes collected are far different from the way they were 100 or 50 years ago (Carbaugh & Ghosh, 2009). This paper presents a brief description of the US taxation system today. As well it examines how the taxation system impacts on the choices made by individuals. Lastly, the paper examines the impact of the taxation system on US business internationally.
Description of the taxation system
Taxes at the three different government levels in the US are charged on income, property, payroll, gifts, estates, sales, imports and various types of fees. Net income for individuals and business organizations is subjected to taxation at federal, state and local levels. As well, taxes are charged on worldwide income of residents and citizens, but they are allowed credit for foreign taxes. Non-resident citizens also pay taxes on worldwide income in the same rate and manner like the residents. The amount of income of an individual or business organization to be subjected to taxation is determined using tax accounting rules (Carbaugh & Ghosh, 2009). Citizens and residents and allowed to reduce taxable income by deducting personal allowances. As well, they are allowed to deduct the amount that is used for certain non-business expenses such as medical, charitable contributions, state and local taxes and home mortgage interest. Rules for determining taxable income differ from one government level to another. For instance, the local and state tax rates vary from 0% to 13.30% from one jurisdiction to another and are graduated. On the other hand, the federal taxation rates vary from 10% to 39.6%. The US has one of the most progressive taxation systems in the world. Tax rates on individual incomes increase as income increases (Eric & Matt, 2009).
Apart from income taxes, payroll taxes are also charged at the federal and state levels. These include Medicare and Social Security taxes charged on both employees and employers. Employers also pay unemployment tax and other levies. Property taxes are charged by the local governments and other special purpose authorities. The taxes are charged based on the market value of a property. Schools and other authorities are governed separately and are charged separate taxes. Property tax rates and rules vary widely from one jurisdiction to another (Carbaugh & Ghosh, 2009). Sales taxes are charged at the local and state levels. The taxes are charged on the retail prices of goods and services. The sales taxes vary from 0% to 16% from one jurisdiction to another. Customs duties or tariffs are imposed by the federal government on imports of goods into the US. The customs duties or tariffs are paid before the goods are legally imported. The rates vary from 0% to more than 20% based on the country of origin and type of good. Gift and estate taxes are charged by the federal and some state governments. The taxes are charged on the transfer of an inherited property by lifetime donation or by will (Carbaugh & Ghosh, 2009).
Impact on choices of individuals
Just as in any other country, the taxes levied in the US have a significant impact on the choices that are made by individuals. A good example is the impact that the progressive personal income tax has on the decisions that are made by US citizens and residents. Personal income tax is legally assessed on household or individual income but its impact goes beyond there (Barigozzi & Villeneuve 2006). Individuals may respond to high personal income tax rates by migrating to low tax states, reducing their work efforts and other behaviours to reduce the personal income tax liabilities. In the case of personal income tax increase, firms or employers may decide or may have to compensate their workers for the higher personal income tax by offering them higher pre-tax wages. This implies that the higher personal income tax may be shifted, in part or in full, onto the employers. If the personal income tax levied on workers is shifted, in part or in full, onto the employers, it may have an impact on the decisions made by employers. For instance, the employer may decide to transfer the burden to consumers by increasing prices of products or by establishing other ways of saving costs within the firm (Laganà & Sgro, 2011).
As Eric and Matt (2009) explain, personal income tax rates in the US highly affect business location decisions. Apart from affecting the pre-tax wages, the personal income taxes can have a huge impact on after-tax returns on capital investment. As such, the personal income tax rates levied in different states may highly influence decisions on where to locate plants and facilities. The rates may also influence the decisions on whether or not to establish a new business or to add more capital investment in a business. If an increase in personal income tax is shifted, in part or in full, onto the employer, the latter may decide lay off some workers or to put off future recruitment plans. As Eric and Matt (2009) explain, taxes levied on different raw materials may affect costs of the materials. In turn, the cost of the materials may influence the decision by an individual or a firm on whether or not to purchase a particular material. Similarly, tax rate charged on the production of an item may influence the decision on whether or not an individual or a firm will produce it. Generally, the US taxation system has a huge impact on the decisions and choices that are made by individuals.
Impact on US business internationally
The US tax system facilitates US business in the international arena. Precisely, the current tax system encourages US multinational firms to conduct business in foreign countries by allowing them to defer US tax on their foreign sources of income until their profits are repatriated. The US government uses this and other incentives to encourage US multinational firms to locate physical assets, jobs and production in low-tax foreign countries. For instance, US oil multinational firms located in Saudi Arabia have remained firm due to support by the US government through such incentives. Their ability to defer US taxes enables them to have higher operating capital than most competitors. In addition, the multinational firms utilize the advantage by altering their prices to achieve competitive advantages (Angus et al., 2010). Some provisions of the US tax law encourage the US multinational companies to shift profits to low-tax countries. For instance, cross-crediting allows corporations to use the excess tax credits derived from operations in high-tax nations to offset the tax due on repatriated profits from the net returns earned in low-tax nations. The American Jobs Creation Act allows a tax break on income repatriated from low-tax countries.
As Clausing (2006) explains, the US tax system allows domestic multinational firms to shift income among themselves and their affiliates in foreign countries. For instance, a multinational corporation can borrow funds in a high-tax country to finance its operations and then claim larger interest deductions in that country. In doing so, the firm can be able to report more profits in another low-tax country. At the same time, the corporate income tax rates have remained higher in the US than in other advanced industrial countries. This has strengthened incentives for foreign corporations operating in the US to shift their investments and income to other countries. This has led to a reduction in the US tax revenue. In short, the tax system has both positive and negative consequences on US business in the international arena.
Conclusion
In conclusion, taxes in the US are levied by federal, state and local governments. There are different types of taxes which are levied at one, two or all of the three government levels. The federal, state and local governments usually charge different tax rates, which vary from one jurisdiction to another. As explained in the discussion, The US tax system has a high impact on the decisions and choices that are made by individuals. The tax system provides incentives for US multinational companies in the international arena. At the same time, it has led to reduction in US taxation revenue.
References
Angus, B., Neubig, T., Solomon, E. & Weinberger, M. (2010). The U.S. International Tax
system at a Crossroads. Northwestern. Journal of International Law & Business, 30(3), 517
Barigozzi, F. & Villeneuve, B. (2006). The Signaling Effect of Tax Policy. Journal of Public
Economic Theory, 8(4), 611 – 630
Carbaugh, B. & Ghosh, K. (2009). Reforming the U.S. Tax System. Challenge, 54(2), 61 – 79
Clausing, K. A. (2006). International Tax Avoidance and U.S. International Trade. National Tax
Journal, 59(2), 269
Eric, E. & Matt, B. (2009). On the effects of increasing income tax. Central Penn Business
Journal, 25(26), 10
Laganà, G. & Sgro, P. M. (2011). A factor-augmented VAR approach: The effect of a rise in the
US personal income tax rate on the US and Canada. Economic Modeling, Volume 28(3), 1163 – 1169