You are on page 1of 10


Individual and collective bargaining:

Introduction: Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions. The ILO Right to Organize and Collective Bargaining Convention (No. 98), 1949 describes collective bargaining as: "Voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by collective agreements." Collective agreements usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms and

rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry wide agreement. A collective agreement functions as a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries by an employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights

and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA). Individual bargaining: Negotiations between an individual employee and their employer that lack the strength of support from a collective bargaining situation and may give the employer the upper hand in the negotiation process. Principles: The following principles for efficient functioning of collective bargaining are identified by Human Resource experts:
For Union and Management:

1. Collective bargaining should be made an educational as well as a

bargaining process. It should offer to trade union leaders an opportunity to present to the management the wants, the desires, the grievances and the attitudes of its employees and make it possible for the management to explain to union leaders and, through them, to its employees, the economic problems which confront it. 2. The management and the trade union must look upon collective bargaining as a means of fining the best possible solution, and not as a means of acquiring as much as one can while conceding the minimum. There must be an honest attempt at solving a problem rather than at a compromise. 3. Both the parties must bear in mind the fact that collective bargaining is, in a sense, a form of price fixation and that any successful collective

bargaining depends, in the last analysis on whether the management and the trade union do a good job of ensuring that the price of labor is properly adjusted to other prices.
For the Management

1. The management must develop and consistently follow a realistic labor policy, which should be accepted and carried out by all its representatives. 2. In order to ensure that the trade union feels that its position in the organization or factory is secure, the management must grant recognition to it without any reservations and accept it as a constructive force in the organization and the industry. 3. The management should not assume that employee goodwill will always be there for it. It should periodically examine the rules and regulations by which its labor force is

governed. In this, way it will able to determine the attitudes of its employees, promote their comfort, and gain their goodwill and cooperation. 4. The management should act upon the assumption that in order to make the trade union a responsible and conservative body, it is essential that it should be fairly treated. It should, moreover, establish such a satisfactory relationship with the trade union and its representatives that the latter will not lightly do anything that is capable of jeopardizing that relationship. 5. The management should deal with only one trade union in the organization. If two Trade Unions seek recognition, no negotiations should be undertaken with one until one of them establishes the fact of having a

majority of the membership of the employees in its organization.

For the Trade Union:

1. In view of the rights granted to organized labor, it is essential that trade unions should eliminate racketeering and other undemocratic practices within their own organization. 2. Trade union leaders appreciate the economic implications of collective bargaining, for their demands are generally met from the income and resources of the organization in which their members are employed. 3. Trade union leaders should assist in the removal of such , restrictive rules and regulations as are likely to increases costs and prices, reduce the amount that can be paid out as wages, and tend to make for low employment and the long-run lower

standard of living of all sections of society. The principles mentioned above are guide lines in the interests of both management and Trade Union. If there are any deviations or malaise in the intentions of any one may lead to industrial conflict. ISSUES: Absence of procedures for reporting unsafe or poor patient care. Short staffing and improper skills mix to complement patient acuity. Floating without orientation and training. Lack of promotion opportunities. Lack of professional practice committees. Resistance of employers to accepting joint decision making.

Use of temporary personnel and unlicensed assistant personnel. Lack of staff development and continuing education. Poor differential for shift work, education and experience. Pension portability. Child care Elder care Respect for employs. Autonomy Involvement Exploitation Poor management Low wages Poor compensation packages. Poor communication Limited benefits Overwork Patient classification system Non nursing duties Health insurance Seniority


Process of collective bargaining