Money Talks
I've yet to come across a strike or industrial action that is about anything other than money, directly or indirectly, and the present tussle with junior doctors is no exception, as far as I can see.
The strikes planned by the BMA have now been called off and there may be a settlement in sight after talks at ACAS (the Advisory, Conciliation and Arbitration Service) although I'll eat my hat if a solution does not involve some extra dosh.
I would welcome the introduction of 'pendulum arbitration' to resolve such disputes which was the subject of a thoughtful comment piece by Dominic Lawson in The Sunday Times.
http://www.thesundaytimes.co.uk/sto/comment/columns/dominiclawson/article1638472.ece
Junior doctors invoke patient safety, but this strike is all about money
By Dominic Lawson
I wonder if there is a name for the condition affecting some leading members of the junior doctors committee (JDC) of the British Medical Association (BMA) — the vanguard that has led that body into imminent industrial action against the government’s plans for a “seven-day NHS”.
Toryphobia, perhaps, which might be defined as “an uncontrollable hatred of Conservative ministers, caused by an untreated infection of revolutionary Marxism acquired during the patient’s teenage years”.
Pendulum Arbitration (5 November 2013)
In the wake of the Grangemouth dispute which ended so disastrously for Unite and the credibility of the trade unions more generally - lots of people have been coming up with suggestions for improving industrial relations such as having workers on the boards of big companies - worker/directors if you like.
Now I've long been in favour of having workers represented on the board which is a feature of industrial relations in other countries, Germany for example, but like lots of good ideas it's not a miracle cure - because disputes like the one that erupted in Grangemouth are unlikely to be resolved at a board meeting.
A much more practical thing to consider would be the widespread use of 'pendulum arbitration' which involves an independent referee (arbitrator) making a decision that comes down in favour of one side or the other - i.e. in favour of either the employer or the trade union.
Employers and trade are often unwilling to use arbitration, especially if they think the stakes are too high, but after the near closure of the giant Grangemouth plant - maybe it is an idea whose time has finally come.
For the life of me, I cannot see any arbitrator siding with Unite over their claims of unfair treatment towards the local union convener, Stephen Deans - because all the employer was doing was investigating allegations that Deans was spending a good deal of his time on Labour Party business - which was clearly wrong.
Yet instead of Unite and Deans putting their hands up - the union called a strike and were willing too play fast and loose with thousands of jobs.
Now I've long been in favour of having workers represented on the board which is a feature of industrial relations in other countries, Germany for example, but like lots of good ideas it's not a miracle cure - because disputes like the one that erupted in Grangemouth are unlikely to be resolved at a board meeting.
A much more practical thing to consider would be the widespread use of 'pendulum arbitration' which involves an independent referee (arbitrator) making a decision that comes down in favour of one side or the other - i.e. in favour of either the employer or the trade union.
Employers and trade are often unwilling to use arbitration, especially if they think the stakes are too high, but after the near closure of the giant Grangemouth plant - maybe it is an idea whose time has finally come.
For the life of me, I cannot see any arbitrator siding with Unite over their claims of unfair treatment towards the local union convener, Stephen Deans - because all the employer was doing was investigating allegations that Deans was spending a good deal of his time on Labour Party business - which was clearly wrong.
Yet instead of Unite and Deans putting their hands up - the union called a strike and were willing too play fast and loose with thousands of jobs.
Fair Dinkum, Cobbers (31 October 2011)
And that seems to be an apt phrase top use in connection with the Qantas dispute - which seems to have ended - vitually overnight.
Qantas had grounded all of its flights in an increasingly biiter dispute with its trade unions - whom the company accused of making unreasonable demands.
But instead of dragging things out for months on end - the issues involved were put to an independent arbitration panel - which seems to have ruled in the company's favour and ordered everyone back to work.
Now I don't know much about the independent tribunal involved - but it does seem to have done the trick - by coming down largely in favour of one side or the other - instead of splitting hairs.
If that's what has happened it's called pendulum arbitration - which means just that - choosing between different and sometimes highly polarised arguments.
The advantage being that it encourages both sides in an industrial dispute to behave reasonably - not to exaggerate things.
Otherwise if the dispute is referred to arbitration - then the party that has been rowing its boat out too far is likely to lose.
In the UK we have ACAS - the Advisory, Conciliation and Arbitration Service - but this quango does not enjoy the best of reputations and lacks real teeth.
Everyone involved in a industrial dispute in the UK has to agree to ACAS becoming involved - and it has no history of moving quickly to bring in decisive judgments - as the long-running BA dispute being the perfect example.
So maybe our Aussie friends have come up with a good idea - Fair Work Australia is the name of the independent tribunal - which has brought the Qantas dispute to a swift end.
Fair dinkum, robbers.
