从利益到权利:从工会角度看破解非公企业工资集体协商新难题的对策——以广州某汽配企业为例

中华全国总工会2011年起启动工资集体协商三年规划,工资集体协商取得了较明显的成效。但非公企业工会面临缺乏上级工会及时到位的指导和支持、自身建设不规范、劳资信息不对称、权利意识薄弱、没有从根本上摆脱企业依附者的附庸角色等新难题,致使工资集体协商进展不顺利,效果不明显。破解此新难题的对策在于,实现从利益到权利的转变,具体措施包括:上级工会积极推动工资集体协商工作;加强对基层工会工资集体协商工作的指导和服务;做好基层工会的规范化建设;加强权利意识宣传教育。     

The Aboriginal Cultural Heritage Act 2003 (QLD): A form of private governance in action?

The Aboriginal Cultural Heritage Act 2003 (QLD) (ACHA) removes the Queensland Government from any direct role in the regulation of Aboriginal cultural heritage, and operates by encouraging and in certain circumstances, requiring agreements between developers and Aboriginal groups. This paper argues that these agreements constitute a form of private governance. Agreements between developers and Aboriginal groups have traditionally been seen as falling outside private governance literature as they are domestic and contractual in nature. However, private governance theory has recently been used to understand agreements between developers and Indigenous groups in Canada and this paper will demonstrate that the approach of the ACHA constitutes a form of private governance. This paper will analyse the ACHA against key principles for good governance and explore the challenges for the protection of Aboriginal cultural heritage when the state is removed as regulator.     

CustomNegotiations.org: A Free Resource for Creating Custom Negotiation Simulations

Negotiation role‐playing simulations are among the most effective and widely used methods for teaching and conducting research on negotiations. Teachers and researchers can either license a published, “off‐the‐shelf” simulation or write their own custom “bespoke” simulation. Off‐the‐shelf simulations are usually high‐quality, include teaching materials, and are typically priced affordably, whereas bespoke simulations are fully customizable and ensure that participants will face a novel challenge. In this article, I introduce a third option: CustomNegotiations.org, a free resource for creating custom negotiation simulations that have the benefits of both off‐the‐shelf and bespoke simulations. I describe this resource and preview how negotiation instructors can use it to customize simulations for their own classes. I also discuss possible future directions for this kind of platform.     

Making the Most of the First‐Offer Advantage: Pre‐Offer Conversation and Negotiation Outcomes

Why do some negotiators benefit from making the first offer during negotiations while others do not? This study explores the contents of conversations that take place before negotiators make their first offers in order to learn more about the differences between ultimately successful first offers that benefit from anchoring effects and ultimately unsuccessful ones in which negotiators apparently derive no benefit from making the first offer. In‐depth qualitative analyses of the conversations that role players engaged in prior to their first offers were conducted in simulated negotiation exercises. Their analysis identified five different conversational tactics that negotiators employed in one‐on‐one negotiations to gain power in the negotiation, or what they call here “power conversation tactics.” Their findings suggest that the negotiation outcome (i.e., net value) was related to how the negotiators employed and combined these tactics during the pre‐offer conversation. Based on these findings, they conceptualized four types of power‐gaining/power‐losing pre‐offer conversation scenarios and explored the link between negotiation outcomes and each of these types of pre‐offer conversations. This study further develops the literature on power dynamics and conversations in negotiations as well as the literature on the anchoring effect of a first offer.     

集体协商的工资效应与非工资效应研究 —— 基于中国雇主—雇员匹配数据

研究基于中国雇主—雇员匹配数据追踪调查(2013),通过对工资、津贴等现金性收入和劳动安全保障等与工作环境相关的非工资因素分别进行OLS和有序Probit回归,检验集体合同的工资效应和非工资效应。结果显示,集体合同的签订对员工工资和津贴等现金性收入的影响并不显著,对劳动安全保障和卫生条件等非工资性因素均呈显著正相关关系。在集体协商的推行过程中,应避免流于形式,改变重"合同数量"轻"合同质量"的单一指标化管理模式,在改善员工工作环境等非工资效应的同时也应关注如何有效提高集体协商的工资效应。     

Defining Success in Negotiation and Other Dispute Resolution Training

This article describes three types of negotiation courses and asks what range of goals is usually achieved in such courses from the overlapping perspectives of organizers, teachers, and participants. It then translates Benjamin Bloom's categories of educational goals into aspirational goals for any negotiation course.     

Teaching for Implementation: Designing Negotiation Curricula to Maximize Long-Term Learning

Most negotiation students — and their instructors — aspire to develop negotiation skills that they can transfer to real-world contexts beyond the classroom. Instructors can maximize the likelihood of long-term learning through transfer-oriented curriculum design. Curriculum design elements likely to support lasting and flexible learning include (1) articulation of clear, performance-oriented goals; (2) careful selection of a range of learning activities tailored toward those goals, including activities that promote schema development and adjustment, activities that promote behavioral skill development, and activities that reinforce explicit theoretical understanding; (3) provision of multiple opportunities for constructive feedback from a variety of sources; and (4) the facilitation of self-reflection and metacognition.     

勒索型绑架案件侦查措施的运用与人质解救策略

勒索型绑架案件侦办的首要任务是保护人质安全,内紧外松的侦查策略要坚决执行综合保密原则,采取多种侦查措施。能否成功解救人质是衡量案件成功与失败的重要尺度。解救人质工作策略上应以隐蔽为主,战术上应以快制胜,出其不意。     

人质谈判中劫持者话语的理解

话语意义的听辨、话语信息的解读和话语动机的推导是劫持者话语理解的主要内容。劫持者话语的理解在谈判中意义重大,利于谈判人员谈判时有的放矢,利于警方有效地控制犯罪嫌疑人,保障人质的生命安全。