Negotiating A Workplace Dispute Role Play

The Scenario

My name is Sam Stickler. I am the HR manager of Bundoora Bus Company and have been working for the company since the last 20 years. The company has been a great employer to me and similarly I have also served the company with all my efforts and dedication. The company considers me as a hard- working and loyal administrator. In order to serve the company better and develop the company in a better way since the company has been struggling to maintain the competitiveness, I have written a drug testing policy for the employees especially the bus drivers. According to the policy, each drive will be tested twice in a year. The employee will be suspended, if found positive on the results and might be terminated if the follow up test is also positive. The issues are that in the transport industry, the power of union have been strong and the transport workforce have been under high unionization. Although, the Bandoora Bus Company has taken the initiative to hire non-union labor at more competitive wages, the union staffs are also there and kept in check. Since my primary concern is to reduce the number of accidents and safety of the general passengers, I have introduced the provision of random drug testing of the bus drivers.

Casey Connor is one such driver who has been found positive in the ‘Emit Screen Test Kit’ that has been bought from a drug testing laboratory. Although the union of the bus employees along with their representative and advocate Lee Levine supported the policy, there is a chance that the case might reach up to the doors of Fair Work Australia. A member from the Employee Assistance Program also had issues with my policy and there is strong possibility that the Lee Levine will come down to grievances because he has recently completed a ‘Drugs in the workplace’ education and training course and well-aware of the regulations regarding the employees in the same area. Now, I am on the verge of being held up for scrutiny by the Fair Work Australia and I lose the case, it might taint my career. Hence, I want to mitigate the matter without the intervention of a mediator or the Fair Work Australia which might worsen the matter. The negotiation process would be difficult but I will deal strategically so that both the parties stay satisfied and in balance.

Since an outcome is a possible result of a negotiation, it can be either specific or general, relative or absolute and also subjective or factual (Canniford & Bajde, 2015). When the negotiation will consist of preferred outcome from both the sides and each party will force their goals on each other, the end product will be nothing but haggling and arguing over the result. This inevitably damages the relationships and destroys the ability of decision making. One should not enter the act of negotiation with specific outcomes, rather wider goals must be considered while negotiating (Davies,2015). Negotiation is a process in which two parties (or more) with various goals and needs discuss over an issue in order to find a solution that will mutually accepted without harming the sentiments of any party. It helps to build better relationships and eliminate the queries, doubts or confusions between two parties. With the help of negotiation, long –lasting and quality solutions are delivered instead of short –term and poor solutions which do not satisfy the demands.

Desired Outcome

It also paves way for conflict less discussions in future. In this case, the first outcome I want to achieve is to let the matter reach the Fair Works Australia. I would rather wish to convince the union representative to settle down the matter internally in-house. I will also see what are the other ways by which Casey could be treated by the organization. Since, Jamie Joiner had few issues with the policy specifically regarding the unreasonable expectation from an employee to pay in excess of $10,000 for a residential treatment facility, I would like to change this policy and replace it with something feasible by for the employees. I am willing to accept if Lee Levine who is much more knowledgeable than me regarding the legalities and the employee rights in the situation and recently has completed a ‘Drugs in the workplace’ education and training course suggest me something better regarding the Casey issue. I will also accept if the employees of Bundoora Bus Company who are under the shed of union will be educated about the pros of drug /alcohol consumption especially while driving and how it can put others’ lives in risk. I will try my best to make concessions and expect compromise from their end too.

There are many negotiation techniques which might be lesser –known but similarly effective (Drutman, 2015). In this particular situation I would like to anchor the discussion with a draft agreement. This is one of the most effective negotiation techniques. This technique was for the first time documented by famous psychologists Amos Tversky and Daniel Kehneman. According to them the person who at first makes an offer in a particular negotiation drives the case in his /he favor (Eriksson & Kovalainen, 2015). The first offers function as powerful anchors and it equally works for the negotiator who are professionals and experienced at the same time. I might also try to open substantive negotiations along with a draft agreement in order to make an even better impact on the union representative Lee Levine. However, there is another effective option which might be suitable to this situation.

I might ask for advice to the union representative because it has been found in a recent study that those negotiators who ask for advice to the other party are more competent as suggested by the Wharton school professor Maurice Schweitzer and Francesca Gino, the Harvard Business school professor. I will try to flatter the adviser and boost up his elf confidence as he is more knowledgeable than me regarding the rules and regulations of the employees and drug and alcohol education and training. Moreover, the researchers have discovered that asking the counterpart about suggesting something for his/her viewpoint opens new opportunities and ways to deal with the matter in a peaceful way (Macaulay,2018).  Hence, applying this technique will not only benefit me with new advices but also strengthen my relationship with the labor union of the Bundoora Bus Company.

Apart from this I will have to focus on few of the specific details while confronting the labor union representative Lee Levine.  First of all, the foremost technique is to be aware of the deal. I will be ready with the details about the issue, the policy, why I incorporated this strategy in this organization and what are the uses of the policy along with the benefits of the policy for the management and the employees too. I will try to convince him that it is for the betterment of all the members and the reputation of the Bundoora Bus Company. I will be content with even the minutest detail that might come in use at the time of negotiation as it is likely that the opposite party might ask anything. Next, I will take care of my posture and the body movements so that my personality reflects confidence because whatever I have incorporated is not to harm anyone but to facilitate everyone with safety and satisfaction. I will be focused on what I try to deliver to the opposite party. I will prepare myself regarding the purpose of the negotiation and try to find out what might be the feasible solutions to the problem. I will stick to my policy because the safety of the passengers and the reputation of the company is my first priority.

Along with sticking to my decisions, I will be a patient listener too. After calming down Lee with my strong perspective and concern, I would like to listen to what he thinks about the issue and what are his perspectives as he is a knowledgeable person. I would expect that he will be rational and not partial regarding his opinions. I will not jump to any conclusion without knowing the other party’s needs and benefits and if necessary would provide Casey a second chance or an opportunity to defend himself. There will only be realistic approaches to the discussion and there will be nothing that won’t be possible practically. I will try to identify where to compromise and where communication with the employees will be necessary. Moreover, if there is any agreement, it will be in black and white and transparency will be maintained between the parties if necessary.

Reference

Canniford, R., & Bajde, D. (Eds.). (2015). Assembling consumption: Researching actors, networks and markets. Routledge.

Davies, W. (2015). The happiness industry: How the government and big business sold us well-being. Verso Books.

Drutman, L. (2015). The business of America is lobbying: How corporations became politicized and politics became more corporate. Oxford University Press.

Eriksson, P., & Kovalainen, A. (2015). Qualitative methods in business research: A practical guide to social research. Sage.

Macaulay, S. (2018). Non-contractual relations in business: A preliminary study. In The Law and Society Canon (pp. 155-167). Routledge.

Marwick, A. E., & Boyd, D. (2014). Networked privacy: How teenagers negotiate context in social media. New media & society, 16(7), 1051-1067.

Rousseau, D. (2015). I-deals: Idiosyncratic Deals Employees Bargain for Themselves: Idiosyncratic Deals Employees Bargain for Themselves. Routledge.

Shapiro, R. M. (2015). The Power of Nice: How to Negotiate So Everyone Wins-Especially You!. John Wiley & Sons.