Economic versus Non-Economic Issues in Union Environment - Research Paper Example

The strategic response to the articles will be focused on “fostering” rather than “forcing negotiations” [Walton, Cutcher-Gershenfeld, and McKersie, 2000,  p. 54] between employment and employer – in other words, the aim is to further the negotiation process as opposed to forcing another route for a resolution (e.g. binding arbitration).

NON-ECONOMIC ARTICLE:  The article in question (see: APPENDIX-A)  is non-economic insofar as it is a morals clause. The article in question is established to protect the artists of the production as far as what they are willing and not willing to perform. For instance, if there was a particular actor who was uncomfortable with performing a scene in the nude or an actor who felt that there was content in the script that went against their basic value system or perhaps religious belief, this article protects the security of employment for the actor were they uncomfortable with a part or portion of the production or script. Having the right to refuse to perform a part or portion of a staged production, ensures that the employee will not be subjected to any further reprisals for taking a stand on a particular issue. Moreover, the protection means that they are not in violation of any terms of their contract if they refuse to perform on the grounds that were just described.  Strategically, it is important for an artist to have this moral clause as they have their own long-term reputations to be concerned with. Any actor's career is going to optimally outlive the lifespan of a single production, and thus, strategically, this protection is one that has the benefit of securing a reputation for future prospects/work and this is the best legitimation and defense for maintaining the clause.

In terms of the best interests and the agenda of the employer,  this article is unquestionably an impediment to what they would like to expect from their employees. Productions are interpretations, and there is nothing to stop or impede an artistic director from wanting to stage a play with perhaps controversial or provocative content. The opera in question is a love story, and there might be circumstances under which a romantic scene might be taken in a particular direction that involved some potentially questionable moral conduct. Strategically, it is in the employer's best interest to have this clause removed. Supposing that an artistic director is interested in changing or modifying a script while it is being rehearsed or even while it is being staged, and this change is sought at a point in time where this contract is in place, the employer is facing potential disruption and even, canceled performances if this clause is abruptly exercised. It is in their own strategic interest, not to have any articles that would protect an employee's right to refuse work.

ECONOMIC ARTICLE:  The article in question that represents an economic interest or variable (APPENDIX-B), concerns payment on statutory holidays. The article both defines what a holiday is and the compensation for the work in question. In terms of the employee's interest, this is a clause that should be modified in the sense that it needs to be narrowed. First, it does not pre-define the length of notice for a holiday. How far ahead should an employee be given notice that they are working on a particular holiday. Thus, strategically, the employees should seek to get the phrase “may be required”, to specify instead a time period that defines the advanced notice of having to work on a holiday. It can be said that “maybe required” is far too vague. Strategically, it is in their own best self-interest to increase the 1/16 ratio of pay increase, and to expand beyond only those who earn less than $ 2500 to include higher-earning employees. In terms of strategy, the union can employ the tactic of convincing the employer to make “savings” somewhere other than “labor costs” [Holley, Jennings and Wolter, 2008, p. 247].

In terms of the employer's interest, this is an important article to maintain as-is. Strategically, it is in their own self-interest to also reduce the amount that is paid out for holiday work. The lower the compensation, the higher the profit or margin or simply that margin that will cover the expense of staging a production in the first place. Likewise, it is also in the employer's best interest to expand also to non-legal holidays. To what extent can they maximize the contract to force employees to work on whatever or whichever occasion they employer wants.