ZQMS-ARC-REC-002

ASSIGNMENT COVER

REGION: HARARE

PROGRAMME: BCOMM-HHIR INTAKE: 31

FULL NAME OF STUDENT: NYARADZO SIMANGO PIN: P1875833G

MAILING ADDRESS: simangonyari@gmail.com

CONTACT TELEPHONE/CELL: 0773805059 ID. NO.:63-1456560A13

COURSE NAME: COLLECTIVE BARGAINING COURSE CODE: BHIR302

ASSIGNMENT NO. 1 DUE DATE: 14 MARCH 2020

ASSIGNMENT TITLE: __________________________________________________________

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MARKER’S COMMENTS: ______________________________________________________

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OVERALL MARK: _____________ MARKER’S NAME: ________________________

MARKER’S SIGNATURE:_______________________________ DATE: _________Issue

Date

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TO DISCUSS THE STAGES INVOLVED IN COLLECTIVE BARGAINING

Collective bargaining is defined as a rule making process which established the rules under
which the economic purchase of labour could take place. Some scholars, assets that it is a
process by which employers and employees confer in good faith and come to an understanding
about the terms and conditions of work and other related aspects. This is such so as to settle
matters on discussion tables with mutual consent and cooperation. However, to do this there are
stages involved in the process of collective bargaining and these include the preparation stage,
opening the negotiation, bargaining and closure and agreement. Though there are many various
stages that can be added, the discussion to follow will dwell more on the stages mentioned
above.

The first stage is the preparation stage, where parties engage in various activities such as
considering the overall approach to adopt to the negotiation, reflecting on the demands either
already received from the other party or making demands to the other party. In this stage also
identifies positions and interests in respect of demands and proposals made. It also involves
costing the effect of the proposals, thus if they have monetary implications. There is need for the
preparation of the negotiating team, one from the management side and the other from workers
side. These are essential for bargaining the issues since the interest of both parties are involved.
The negotiating team is responsible for preparing the demands received and proposals made in
consultation of other members and also establish if an outside expert is permitted. Thus when
preparing there is also need to gather information about the other party so that one will be able to
understand the perspective of the other party. It is crucial to gather information about the other
party such as personal concerns, background and prejudice. Knowledge of these factors helps in
reducing tension and facilitates a smooth exchange of information at the bargaining table.
Therefore the preparation stage involves a lot of activities that enhances the smooth running of
the bargaining process. Other aspects involve preparing for negotiations, identifying bargaining
issues, the procedure to be taken during the negotiations. All these are first aligned in the
preparation stage before the process of collective bargaining.

The second stage is the opening of the negotiation, in which two or more parties engage on a
discussion in an attempt to reach agreement on issues on which they have differences. Both

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parties engage in negotiation process at a time and place intended for that purpose. There is need
to develop ground rules of engagement during the negotiation and these include the number of
people to be at the table, if everyone involved will be allowed to speak or only heads of
spokespeople. The negotiation method will be established and made known to both parties,
showing the activities to be performed, the member to participate and the sequence and timing of
the activities. This helps clear the position of the negotiator in his mind and bring confidence.
The demands and proposals are put on the table clarifying and understanding of these demands
and proposals whilst responding to these proposals and demands. The proposals are divided into
economic and noneconomic and noneconomic issues are to be handled first since they do not
take much time as economic. Both parties review their proposals as well as new ones that are
given to them by the other side. Counter proposals are developed in a way to keep negotiating in
good faith until they come to a tentative agreement. This leads to the next stage which is the
bargaining stage.

The third stage is the bargaining where arguing, motivating and justifying positions, revealing
interests, testing the reality of each other’s position is involved. Arguments and counter
arguments will be made with supporting data and information. Both parties will go by their
planned strategies. At times each party may have to consult superiors and advisors. There is
need to brainstorm as this stage will determine whether the problem has or has not been solved.
Parties engage in the bargaining so as to reach a consensus hence the need to revisit mandates.
Various issues which can be sorted out include wage related issues were salary revision,
allowances, overtime rates and bonuses are discussed. Also supplementary economic benefits
such as pension plans, lay-off pay, retrenchment compensation, health insurance plan. The
determination of rights and duties of employer, employees and trade unions with a view that each
group respects and protects the rights of others and perform its duties accordingly.
Administrative issues such as determination of seniority, basis of promotion, employee discipline
and discharge procedure, grievance procedure, job security and job changes. If the bargaining
doesn’t progress further, parties may agree for third party intervention. The bargaining session
can be rescheduled either after a break or arbitration. In order to avoid confusion, the negotiator
through knowledge of the issue for discussion the problem solution will be reached.

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The final stage which is the closure and agreement involves drafting documents when through
the discussion they reach to an agreement. During the discussion what has been agreed upon is
to be ratified by both parties according to the legal provision Section 18(1) of the Industrial
Dispute Act which states that an agreement shall be binding only on the parties to the agreement.
Once the agreement is ratified the issue of difference is over and negotiation comes to an end.
Without acceptance of the agreement the negotiation cannot be completed. There is need to
ensure that interpretation is consistent so as to avoid problems of breach in future. There is need
to administrate the agreement, to ensure that the agreement reached are clear, specific, realistic
and proactive. It must be stated on the agreement the persons agreeing on the conditions,
conditions being agreed to, where the agreement is being entered into, when the agreement is
being entered into and how the agreement is being entered into. Once the agreement is accepted
and signed it will be administered according to the terms and conditions of the agreement. On
the other hand if parties fails to agree, a notice of strike or company lockout can be issued.

Therefore collective bargaining is an important process which helps to confront both the
employer and the employee in a positive and structured manner without much disruption to the
functioning of the organisation. According to the International Labour Organisation, (ILO),
collective bargaining helps to protect the fundamental rights of employees by providing social
protection and maintaining sound industrial relations. Hence successful implementation of the
agreement can tell whether the collective bargaining exercise was a success or not. The success
of the collective bargaining agreement depends on the ability of both parties to implement the
agreement on their sides.

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References:

Anstey, M, (1991), Negotiating Conflict, South Africa: Juta and Co. Ltd.

Cruikshank, J, (1989), Consensual Approaches to Solving Public Disputes, New York: Free
Press.

Fisher, R, (1981), Negotiating Agreement, Botson MA: Houghton Mifflin, London.

ILO Convention 154 (1981), Collective Bargaining, ILO Geneva, ILO Publications.

Industrial Dispute Act, (1988), Industrial Relations Disputes, New Jersey: Prentice Hall.