Labour Law in North American requires parties to bargain/ negotiate in good faith. Good faith bargaining means that union and management is expected to negotiate a collective agreement and reach a settlement. The collective bargaining model provides an economic explanation of collective bargaining outcomes. Economic conflict is limited to other conflicts derived from wages, benefits, and other monetary issues in collective bargaining. However, disputes arise over a range of nonmonetary issues, including union recognition, union security, (union dues and membership requirements), outsourcing, and union roles in promotions, transfers, and layoffs. The issues are not always same. Some issues have potential for win-win or mutual gains outcome, where both sides come out ahead, another may be like adversarial bargaining.
Distributive bargaining even though the result is distributive, and the design is a matter of choice. Negotiations strategy in distributive bargaining is adversarial between the union and management. Therefore, distributive bargaining is steady with an industrial relations system that undertakes an intrinsic conflict of interest between union and management. Conflict can happen to the control management uses for such issues as the pace of work, downtime, and disciplinary standards and procedures. Distributive is process use to resolve some bargaining issues. For example, issues such as wages, hours work and overtime, seniority/layoffs and drug and alcohol testing are often described as inherently distributive in nature because the union has competing interests. Union usually bargain more than their bottom line, for union to get want they want, they have to ask for more on the negotiation table. It’s essential for negotiators to disguise their own bottom-line, while trying to discover that of the management. Union result may well be affected by how well they implement these tactics. If union in Mason’s cottage didn’t handle things properly or the bargaining team has raised expectations about goals that are not possible to achieve in collective bargaining. Collective bargaining is a manifestation of a fundamental human right- freedom of association.