Question 1
With the complexity of contemporary arbitration proceedings, I believe that professional legal representation for unions as well as employers is necessary. The fundamental reason for recommending the need for legal representation for the parties relates to the idea that the outcome of disputes can be the same for both parties when they are represented. However, when only a single party has legal representation, it has a better chance of winning (Cooper, 2003). In this light, legal representation during arbitration is vital for offering immediate and intangible value to the parties. On the other hand, Ann Hodges (2016) argues that professional legal representation is likely to be considered as a campaign against arbitration systems imposed by employers, some of which might limit the legal rights of their employees.
Question 2
One of the fundamental rights of organized labor is to strike (Waas, 2012). Based on this provision it would be plausible to argue that public service employees should be allowed to participate in strikes based on the provision that it is their fundamental right. For this reason, I consider the current ban on strikes for employees working in the public sector as unfair since they are also participating in organized labor. On the other hand, the government should relax the rules and allow for worker strikes in some non-essential occupations. The idea that there are non-essential services could be considered as vague since a non-essential service could be translated to an essential service if a strike can last for a long period, or when it impedes the wellness of the population. From this basis, relaxing the rules will prevent the crumbling of the bargaining power of the employees.
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References
Cooper, L. J. (2003). Teaching ADR in the Workplace Once and Again: A Pedagogical History. Journal of Legal Education, 53(1), 1-31.
Hodges, A. C. (2016). Union Representation in Employment Arbitration . In Estreicher, S. & Radice, J. Elite Law: Access to Civil Justice in America. New York: Cambridge University Press.
Waas, B. (2012). Strike as a Fundamental Right of the Workers, and it’s Risks of Conflicting with other Fundamental Rights of the Citizens . Retrieved from http://islssl.org/wp-content/uploads/2013/01/Strike-Waas.pdf
