PRESENTATION

ON
COLLECTIVE BARGAINING

Sub-Nursing Management

Submitted To:- Submitted By:-

MR. CHINMAYA CHOUDHURY
TUTOR,
DEPARTMENT OF M.S.N
COLLEGE OF NURSING,
VIMSAR, BURLA.
MR PANKAJ KUMAR JENA
M.SC NURSING,
2ND YEAR, ROLL NO-11,
CON, VIMSAR, BURLA.

SUBMITTED ON-05/08/2020
 CONTENT

SL TOPIC PAGE
NO NO
1. INTRODUCTION 1
2. DEFINITION 1
3. CHARACTERISTICS 2
4. OBJECTIVES 2
5. IMPORTANCE 2-3
6. PRE-REQUESTES 3
7. FACTORS FOR THE SUCCESS OF COLLECTIVE 3-4
BARGAINING
8. FOUR MAIN ACTIVITES/TYPES OF COLLECTIVE 4
BARGAINING
9. PROCESS OF COLLECTIVE BARGAINING 4-6
10. LEVELS OF COLLECTIVE BARGAINING 6-7

11. FUNCTIONS OF COLLECTIVE BARGAINING 7-8

12. SUBJECT MATTER OF COLLECTIVE BARGAINING 8-9

13. IMPOTRANCE OF COLLECTIVE BARGAINING 9-10

14. NURSES PARTICIPATION IN COLLECTING 10

BARGAINING

15. ROLE OF TNAI IN BARGANING AND POLICIES FOR 10-12

STRIKE

16. ADVANTAGES AND DISADVANTAGES OF COLLECTIVE 12

BARGAINING

17. SUMMARY 12
 18. CONCLUSION 12

19. BIBLIOGRAPHY 13

COLLECTIVE BARGAINING
INTRODUCTION

Collective bargaining involves discussion between two groups as to the

terms and condition of employment it is called collective because the employer
and the employee act as group rather than as individuals .collective bargaining is
the most controversial and divisive issue in nursing. Some believe that collective
bargaining reduces the professionalism of nursing; other views it as a mechanism
to prevent employers from exploiting nurses. It has been as a complex legal issue,
but dealt with by attorney and other experts specifically trained to handle the
problem it presents.

DEFINITION

Collective bargaining has been defined as the process of discussion and

negotiation between two parties ,one or both of whom is a group of persons
acting in concert .More specifically , collective bargaining is the procedure by
which an employer and a group of employees agree upon the conditions of work.

OR

Negotiation about working conditions and terms of employment between

an employer and a group of employees or one or more employee, organization
with a view to reaching an agreement wherein the terms serve as a code of
defining the rights and obligations of each party in their employment relations
with one another.
 - (International Labour Organization)

OR

According to Tudwig Teller, “Collective bargaining is an agreement between

a single employer or an association of employers on the one hand and a labour
union on the other, which regulates the terms and conditions of employment.”

CHARACTERISTICS OF COLLECTIVE BARGAINING

 It is a collective process as both employer and employee participate.

 It is continuous process, which aims at establishing stable relationship
between two parties involved.
 It involves not only bargaining but also implementation.
 It attempts n achieving discipline in industry.
 It is a flexible approach, as the parties involved have to adopt a flexible
attitude towards negotiations.

OBJECTIVES OF COLLECTIVE BARGANING

 To maintain cordial relations between employer and employee.

 To promote democracy.
 To protect the interest of workers.
 To prevent unilateral actions to employees.
 To avoid the government intervention .
 To ensure the participation of trade unions.
 To save the time and money spent on legal battle.
 To promote participative management.
IMPOTRANCE OF COLLECTIVE BARGAINING

• Collective bargaining results better understanding between both parties.

Both employer and employee gain better insight into the problems and
aspirations of workers.
 • Collective bargaining is a democratic and pragmatic method of regulating
the terms and conditions of employment .here parties are directly
concerned with problems related to issues of their industry .whether it is
health industry or any other enterprise.

• Collective bargaining provides flexible means of adjusting wage structure

and physical facilities provided by the employer .both parties can meet any
time to solve the problems faced by the employers and employees of an
institution with democratic way.

• Collective bargaining helps the employees from the exploitation of

employer .rights of both parties are saved with mutual understanding.

• Collective bargaining helps in implementation of decisions because of direct

involvement of both parties in any type of issues.

• It helps in motivating the employers that leads to more production and

achieving the laid down objective of any organization.

PREREQUESTES OF COLLECTIVE BARGAINING

• Freedom of association and independence of unions.

• Stability of organizations of workers and employers.

• Favorable political climate –The government should not only be

sympathetic but also encourage collective bargaining and agreements.

• Mutual trust and respect and also willingness on the part of the parties
concern to settle all matters by collective bargaining or negotiation.

Bargaining power of each party depends on the

• Strength of its organization

• Knowledge and skill of negotiation of its representatives.

• Trade recession or boom and shortages.

FACTORS FOR THE SUCCESS OF COLLECTIVE BARGAINING

 • Economic environment factors.

• Psychological factors and structure of power relation.

• Nature and character of the product market.

• Nature of the labour market.

• Capital requirement and cost conditions.

• State of business conditions.

• Types of business conditions.

• Types of industrial relationship.

FOUR MAIN ACTIVITES/TYPES OF COLLECTIVE BARGAINING

1. Distributive bargaining:- It involves bargain persistently over the

distribution of surplus. Under it bargain economic issues like wages, salary,
and bonus are discussed by the employs in periodic intervals. Here, one
party gains something other loses some.

2. Integrative bargaining:- In this type of bargaining both parties gains

something .example:- Training of employs for particular work, and
programs , special evaluation system for performance appraisal .

3. Attitudinal structuring:- This bargaining involves shaping and reshaping

some attitude like hostility between labour and management . When there
is a black log of bitterness between both parties there must be attitudinal
structuring which is required to maintain smooth and cordial relations
between employer and employees.

4. Intra-organizational bargaining: - This type of bargaining is to achieve

general agreement with employees and employers. Here, difference may
be seen in different groups on same issues. for example – skilled worker
may feel that there are neglected by top managers or women may feel
that their interests being looked properly.
PROCESS OF COLLECTIVE BARGAINING

 PREPARATORY PHASE

 DISSCUSSION PHASE

 PROPOSAL PHASE

 BARGAINING PHASE

 SETTLEMENT PHASE

 FORMALIZING AGREEMENT

 ENFORCING AGREEMENT

PREPARE

 Selection of negotiation team.

 Identification of the problem

 Examination of situation and issues for negotiation

 Collection of data.

DISCUSS

 Decide an appropriate time and set a proper climate for negotiation.

 Decision on ground rules.

 Maintenance of mutual trust and understanding.

 Involve in active listening, asking question and summarizing decision.

 Collective Bargaining.

PROPOSE

 Initial opening of statements

 Possible alternatives/Opinions to resolve the issues by both parties.

Brainstorming
BARGAIN

 During this bargaining phase ,both parties involves in the following

activities:-

 Problem solving

 Proposals.

SETTLEMENT

 Consensus agreement on common decision

 Negotiated change.

FORMALIZATION OF AGREEMENT

 Drafting of agreements: - After good faith bargaining, a formal document

must prepare .it should be simple, clear and concise.

 Signing the agreement: - Both parties sign the agreement and abide by its
terms and conditions.

ENFORCING THE AGREEMENT

 To have the agreement effective and meaning, it should be enforced or

implemented immediately.

LEVELS OF COLLECTIVE BARGAINING

ECONOMY-WIDE (NATIONAL)

 Bargaining is a bipartite or tripartite form of negotiation between union

confederations, central employer associations and government agencies.

SECTORAL BARGAINING

Bargaining may be either broadly or narrowly defined in terms of the

industrial activities covered and may be either split up according to territorial
subunits or conducted nationally.

ENTERPRISE LEVEL

 It involves the company and/or establishment.

 It emphasizes the point that bargaining levels need not be mutually

exclusive.

FUNCTIONS OF COLLECTIVE BARGAINING

Butler has viewed the functions as: -

 A process of social change

 A peace treaty between two parties

 A system of industrial jurisprudence.

A PROCESS OF SOCIAL CHANGE

 Collective Bargaining enhances the status of the working class in the society
.wage earners have enhanced their social and economic position in relation
to other groups.

 Employers have also retained high power and dignity through collective
Bargaining.
A PEACE TREATY BETWEEN TWO PARTIES

 It serves a peace treaty between the employers and employees.

 However the settlement between the two parties is a
compromise.

A SYSTEM OF INDUSTRIAL JURISPRUDENCE

 It creates a system of industrial jurisprudence it is a method of introducing

civil rights into industry.

 It established rules, which define and restrict the traditional authority

under joint control of union and management.

SUBJECT MATTER OF COLLECTIVE BARGAINING

 Employment

 Recognition of union

 Wages and allowances, hours of work

 Leave and festival holidays

 Bonus & profit sharing schemes

 Seniority and rationalism

 Fixation of workloads

 Standard of labor force

 PF, gratuity and other retirement benefit schemes

 Incentive schemes

 Housing & transport facilities

 Issues related to discipline and stop rules

  Working conditions

 Issues related to safety and accident prevention, occupational diseases and

protective clothing

 Employment benefits such as canteens, medical & health services and

crèches

 Administration of welfare funds

 Cooperative thrift and credit societies

 Educational recreational and training schemes

IMPOTRANCE OF COLLECTIVE BARGAINING

1) IMPORTANCE TO EMPLOYEES

 Collective bargaining develops a sense of self respect and responsibility

among the employees.

 It increases the strength of the workforce, thereby, increasing their

bargaining capacity as a group.

 Collective bargaining increases the morale and productivity of employees.

 It restricts management’s freedom for arbitrary action against the

employees.

 The workers feel motivated as they can approach the management on

various matters and bargain for higher benefits.

 It helps in securing a prompt and fair settlement of grievances.

 It provides a flexible means for the adjustment of wages and employment

conditions to economic and technological changes in the industry, as a
result of which the chances for conflicts are reduced.

2) IMPORTANCE TO EMPLOYERS
  It becomes easier for the management to resolve issues at the bargaining
level rather than taking up complaints of individual workers.

 Collective bargaining tends to promote a sense of job security among

employees and thereby tends to reduce the cost of labor turnover to
management.

 Collective bargaining opens up the channel of communication between the

workers and the management and increases worker participation in
decision making.

 Collective bargaining plays a vital role in settling and preventing industrial

disputes.

3) IMPORTANCE TO SOCIETY

 Collective bargaining leads to industrial peace in the country.

 The discrimination and exploitation of workers is constantly being checked.

 It provides a method or the regulation of the conditions of employment of

those who are directly concerned about them.

NURSES PARTICIPATION IN COLLECTING BARGAINING

 Collective bargaining for nurses usually occurs in states where there is

significant trade union activity. At present, there are few nurses involved in
collective bargaining. All nurses need to involve and understand the
benefits of unions.
 Unions stimulate better hospital management by fostering formal, central
and consistent personnel policies with better lines of communication.
 Unions lead to improvement in the work place so that Recruitment and
retentions become easier.

ROLE OF TNAI IN BARGANING AND POLICIES FOR STRIKE

According to Trained Nurse Association of India, the association cannot be

legally appointed as a negotiating body at a local, state or national level. It is also
well documented that the nurses formed the service association in various states
and in many places they also joined paramedical workers and even fourth class
employees unions where they lose their professional standing.

 To approach union/state Governments and other employing agencies to

form Grievances committees solve all local problems, personal or
professional, wherever possible.

 To have a state level committee with a TNAI representive to act as arbitrary

in cases referred to by the local Grievances committee.

 To encourage and assist state government Nurses services Associations in

recognizing negotiating bodies by the employers.

 The association would extend cooperation and create opportunities for

joint activities and action under terms and conditions, where the state
Government Nursing organizations already exist.

 TNAI and its members will not support any strike controlled or voted by any
union or organization which includes employees other than nurses.

 The TNAI members may support a strike action where the welfare of the
member of the profession as a whole, or the improvement of nursing
services to the community and the State Government Nursing Association
and State Branch ,TNAI agrees under following conditions:-

 The grievances if exist, be thoroughly investigated by the Government

Nurses Association and send a report to local or state TNAI Executive.

 The State Branch Executive, TNAI should be satisfied with the report.

 The association will legally approach the authority for the correct situation.

 If no action is taken by the authorities despite all efforts, the members of

the Government Nursing association will be asked to vote for strike.

 A strike notice should be given at least two months before the date of
strike.
  Action plans to be used including rendering emergency nursing care during
the strike should be made jointly by the Government Nurses Association
and TNAI.

 Inform all members about the action plan and to acts as professional during
the strike.

Advantages and disadvantages of collective bargaining:

Advantages:

 Equalization of power.
 Viable grievance procedure.
 Equitable distribution of work.
 Professionalism promoted.
 Nurses control practice.

Disadvantages:

 Adversary relationship.
 Strikes may not be prevented.
 Leadership may difficult to obtain.
 Unprofessional behavior.
 Interference with management.

Summary:

The topic is summarized by definition, characteristics, objectives,

important, prerequisites, factors for success of collective bargaining, types,
process, levels, functions of collective bargaining, levels, functions, subject matter
of collective bargaining, importance, nurses participation, role of TNAI in
collective bargaining and advantages and disadvantages of collective bargaining.

Conclusion:

Collective bargaining can also be costly, both in terms of time and money.
Representatives have to discuss everything twice—once at the small
representative meetings, and again when they relay information to the larger
group. Paying outside arbitrators or other professionals quickly can run up a fairly
big bill, and when someone else is brought in, things often get slower and more
complex because even more people are involved.

Bibliography:

Books:

 Basavanthappa BT. Nursing administration. 2nd ed. New Delhi. Jaypee. 2009.

 Deepak.K, Sarath Chandran. C,Mithun Kumar. B. P. (2019), A

Comprehensive Textbook on Nursing Management; 2 nd edition: publish by
EMMESS medical publisher, Mahalashmipuram. Bangalore-560086;Pp-245-
252.

 JogindraVati. Principles &practice of nursing management and

administration, I ed., New Delhi, Jaypee Brothers Medical publishes (P) Ltd.
2013

Journals:

 Mathiesen, Kay. "labor laws on unionization and collective bargaining

— comparative study". Journal of information Ethics. 3(2009):245-
567. Print.
 Kjellberg, Anders (2019) "Sweden: collective bargaining under the
industry norm", in Torsten Müller & Kurt Vandaele & Jeremy
Waddington (eds.) Collective bargaining in Europe: towards an
endgame, European Trade Union Institute (ETUI) Brussels 2019. Vol.
III (pp. 583-604).
Web Doi:
 https://en.wikipedia.org/wiki/Collective_bargaining
 https://www.britannica.com/topic/collective-bargaining
 https://www.ilo.org/global/topics/collective-bargaining-labour-relations/lang--en/index.htm