Late Narayan Meghaji Lokhande

MAHARASHTRA INSTITUTE OF LABOUR STUDIES

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TOPIC
COLLECTIVE BARGAINING

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GROUP MEMBERS ARE

16. Vishal Dalvi 17. Adinath Damale 18. Reshma Desai 19. Sudhir Deshmukh 20. Riya Dhaimade
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OVERVIEW
• WHAT IS COLLECTIVES BARGAINING? • PROCESS OF COLLECTIVE BARGAINING. • FACTORS LEAD TO EFFECTIVE COLLECTIVE BARGAINING. • ROLE OF TRADE UNION IN COLLECTIVE BARGAINING. • OBLIGATION TO MANAGEMENT AND TRADE UNION. COLCLUSION AND PROSPECTS.
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COLLECTIVE BARGAINING
• EVOLUTION

• CONCEPT AND DEFINATION
• FEATURES • IMPORTANCE
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EVOLUTION
• INTRODUCED BY BRITISH LABOUR REFORMER SIDNEY AND BEATRICE WEBB.
• RESULT OF INDUSTRIAL CONFLICT AND GROWTH OF TRADE UNION MOVEMENT. • INDIVIDUAL BARGAINING WAS NOT GIVEN THE IMPORTANCE. • IN CASE OF INDIA ;IT IS MAHATMA GANDHI WHO CONCLUDED COLLECTIVE BARGAINING IN 1920.
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CONCEPT AND DEFINATION
• METHOD WHERE IN EMPLOYER AND EMLOYEES CAN SETTLE THEIR DISPUTE.
• METHOD BY WHICH PROBLMS OF WAGES AND CONDITION OF EMPLOYMENT ARE RESOLVED PEACEFULLY AND VOLUNTARILY. • ILO DEFINATION; NEGOTIATION ABOUT WORKING CONDITION AND TERMS OF EMPLOYMENT BETWEEN AN EMPLOYER AND EMPLOYEES.
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FEATURES
• GROUP PROCESS • FLEXIBILITY AND MOBILITY • BILATERAL PROCESS • CONTINUOUS PROCESS • IT IS DEMOCRATIC • IT IS COMPLEX • IT IS AN ART
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IMPORTANCE
• IMPORTANCE TO EMPLOYEES

• IMPORTANCE TO EMPOLYERS
• IMPORTANCE TO SOCIETY

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COLLECTIVE BARGAINING PROCESS

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Collective Bargaining Process
PREPARE DISCUSS PROPOSE BARGAIN SETTLEMENT
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Prepare
• Involves composition of negotiation team • Representatives examine their situations • Time & venue are decided for negotiating meeting

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Discuss
• Parties decide ground rule • Environment of mutual trust & unerstanding

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Propose
• Involves the initial opening statement • possible options to resolve them

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Bargain
• • Negotiations are easy if a problem solving attitude is adopted. Demand are pitched higher than what one would able to settle for & offer are initially made lower than what one would prepared to give

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Settlement
• Agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. • Effective joint implementation of the agreement

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Collective Bargaining Agreement
• Result of Collective Bargaining Procedure • • Forms of CBA Procedurial Agreement Substantive Agreement Enforcement of CBA

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Bargaining Forms & Tactics
• Distributive Bargaining • Integrative Bargaining • Attitudinal Restructuring • Intra-organizational Bargaining

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Levels of Collective Bargaining

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Levels of Collective Bargaining
• Economy-wide (national) Level • Sector or Industry Level • Company or Enterprise Level

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PRE-REQUISITES
• RECOGNITION OF THE BRGAINING AGENT • DECIDING THE LEVEL OF BARGANING • DETERMINING THE SCOPE AND COVERAGE OF BARAINING • SPIRIT OF GIVE AND TAKE • GOOD FAITH AND MUTUAL AGREEMENT
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ON INTERNATIONAL BACKGROUND
• Duration of bargining process : - One year, but may extend to two to three years • Reopening the issue of wages once during the period • Continued relationship • Equality of terms: union derive strength from workers and not employer. employers representative should be authorized by management and capable of taking decision.
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Contd.
• For successful collective bargaining the unfair labour practices from employers as well as employees should be avoided. • For effective and constructive use of collective bargaining both employers and employee should be strong and functioning well • Sincerely recognize the moral obligations involved.
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DO’S AND DON’TS
• Outwitting and outweighing and courting of threats by either party on any issue should be avoided. • Issues come upon as proposals and not as “demands” positioning atmosphere in very hot condition • Think fair, Act fair and Do fair

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CONTD…..
• Avoid always, “No”, “Never” and “Must” attitudes • Avoid apprehending the “worst” • Time is “Essence” of collective bargaining • Negotiators on either side have full authority to negotiate • If no solutions or solution are at breaking point, parties have to keep themselves prepared to face worst
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ROLE OF TRADE UNION
• • •


Organizational strength Single Table Bargaining Collective bargaining agreement Acceptable to both parties Common issues
– Wages – Hours – Terms and conditions of employment – Grievance procedure
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ROLE OF TREAD UNION IN COLLECTIVE BARGAINING
What is Trade Union? Trade union is an organization that represents the interest of its members in work and related matters. It seeks to maintain and improve their employment relations through direct collective bargaining with management.

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• Collective Bargaining – Involved
– Labour – Management – Government – Financial institutions (Indirectly)

• Multiunionsiom
• Legal role of union

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• UNION POWER IN COLLECTIVE BARGAINING

Trade union

Recognized

Non-Recognized

> 50% RECOGNITION, MINORITY COVERAGE

< 50% RECOGNITION, MAJORITY COVERAGE

> 50% NO RECOGNITION, MINORITY COVERAGE

< 50%

NO RECOGNITION,
MAJORITY COVERAGE

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• EXAMPLE :• All India Oriental Bank Officers Association ( Affiliated at AIBOA) Date : 11/03/2010 IBA – Public Sector. 9th Baroatiate wage settlement held at union bank of India, HU, Mumbai. Proposal 1- 15000 / Proposal 2- 14200

• Coal Indian ltd, unions &Hind Khadan Mazdoor Union 4 of 5 union demanded 100% to 500% hike Current wages Rs. 8320 per month Twise to 16000 per month demanded by AITUC 40000 per month demanded by Hind Khadan Mazdoor Union.
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LAST OPTION USE BY TRADE UNION
Boycott Our Employer
This Union On Strike

Striking Boycotting

Picketing

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OBLIGATION TO MANAGEMENT AND TU IN COLLECTIVE BARGAINING & CONCLUSION
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Obligation of management
• To grant recognitions for collective bargaining- for only the major unions who will be more responsible. • To meet at reasonable times to representative of employee and to bargain on various issues of discussion. • Employers should aim to be as open and helpful as possible in meeting trade union requests for information.

• Confer in good faith with respect to wages, working hours, other terms and condition of employment.
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CONTD…
• Management should be aware of the restrictions on the general duty to disclose information for collective bargaining. • Management can be permitted to unilaterally put it’s offers. • Polling employees as to their preferences concerning alteration of existing condition. • Insistence to point of impasse on agreement concerning a permissive subject of bargaining.
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Obligation of trade union
• Trade union should be recognise by employer • The information requested has to be in the employer’s possession, or in the possession of any associated employer, and must relate to the employer’s undertaking. • Trade unions should keep employers informed of the names of the representatives authorised to carry on collective bargaining on their behalf. • If employer fell to give information, trade union can complain.
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CONTD…
• Trade Unions should be aware of the restrictions on the general duty to disclose information for collective bargaining. • Where two or more trade unions are recognised by an employer for collective bargaining purposes they should coordinate their requests for information whenever possible. • Trade unions should review existing training programmes or establish new ones to ensure negotiators are equipped to understand and use information effectively.

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CONCLUSION
• Develop a sense of self respect and responsibility among the employees. • Giving labour an opportunity to have its voice heard. • Promoting peaceful relation between employee and employer. • Develop ,flourish and play healthy , constructive and effective roll in the maintenance of peaceful industrial relation. • Stay forward in stabilisation of developing economy.
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THANK YOU

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