Human Resources Management (HRM)

Discussion
Name
Institution
Discussion
Discussion 1: The state of Democracy in the Public Sector
The existing conflict between the public sector and collective bargaining shows itself in a number of ways. To start with, the laws governing bargaining have divided authority between the government and private entities (Ahlquist, 2012). These private entities are not democratically elected by the public and do not give an account of their progress to the public. This situation reduces democracy as it determines the nature and extent to which their democratically elected leaders determine federal government benefits (Lindloff, 2016). The second scenario in which democracy is reduced is through bargaining statutes where the exercise of public democracy has been restructured. This has reduced democracy since it eliminates public participation in government matter over the public sector (Ahlquist, 2012). Basically, the anti-democratic public characteristic is easily shown by the constant conflicts existing in the sector. The bargaining laws in the public sectors are not favorable to society.
Discussion 2: Case decision
In this part, Fallbrook Hospital case is considered where the employer engaged in bad faith bargaining through the following ways. First, they declined to submit either proposal during eight consecutive bargaining (Vasilev, 2015). This forced the union to submit the whole contract proposal. Secondly, they at an early age left two of the total of eleven bargains. They argued that one case was avoided because it considered the union proposal.

Despite the Law Judge considering the case as a close call, she did not award negotiation costs in the past cases (Vasilev, 2015). The decision was arrived at since the conduct was not equal to the early cases were warrant was granted. The decision shows the option the unions had if the members found guilty of bargaining in bad fate. Though employers are not always ordered to pay negotiation expenses, the possibility should be considered more so when dealing with a challenging negotiation situation.
References
Ahlquist, J. (2012). Public Sector Unions Need the Private Sector or Why the Wisconsin Protests Were Not Labor’s Lazarus Moment. The Forum, 10(1). doi:10.1515/1540-8884.1499
Lindloff, K. (2016). 5. Conditional ‘co-decision effects’ in EU Vehicle Emission Policies (Case I). Beyond “Trading up”: Environmental Federalism in the European Union, 159-198. doi:10.5771/9783845272023-159
Vasilev, A. (2015). Macroeconomic Effects of Public-Sector Unions. LABOUR, 29(2), 101-126. doi:10.1111/labr.12047