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COLLECTIVE

BARGAINING
INTRODUCTION OF
COLLECTIVE BARGAINING
The concept of collective bargaining was introduced very late in
India as trade unions were found only in 20th century. The
concept of collective bargaining attained significance only after
1962. The phrase collective bargaining is said to be coined by
Sydney and Beatrice Webb and Great Britain. It is made up from
two words collective which means “group” and bargaining which
means “proposals and counter proposals”. So it is a process in
which the representatives of a labour organization & the
representatives of business organization meet and attempt to
negotiate a contract or agreement, which specifies the nature of
employee-employer union relationship.
DEFINITION
“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”
TUDWIG TELLER
DEFINITION

“COLLECTIVE BARGAINING IS A PROCESS OF


DISCUSSION AND NEGOTIATION BETWEEN TWO
PARTIES, ONE OR BOTH OF WHOM IS A GROUP OF
PERSONS ACTING IN CONTEST…. MORE
SPECIFICALLY IT IS THE PROCEDURE BY WHICH AN
EMPLOYER OR EMPLOYERS AND A GROUP OF
EMPLOYEES AGREE UPON THE CONDITIONS OF
WORK”

(THE ENCYCLOPEDIA OF SOCIAL SCIENCE)


HISTORY OF COLLECTIVE
BARGAINING
HISTOR
Y
 IN THE YEAR 1913: THE CALIFORNIA
LEGISLATURE EXTENDED THE EIGHT HOUR LAW TO PUPIL
NURSES.

 1919 – FORMATION OF THE UNION STEWARDS


OF AND
NURSES.

 1930 – THE NATIONAL RELATION ACT


LABOR (NLRA)
ESTABLISHED.
CONTD…
 1934 – ANA ACTIVELY CAMPAIGNED FOR THE EIGHT – HOUR /DAY.

1941 – CALIFORNIA STATE NURSES ASSOCIATION


REPRESENTED NURSES CONCERNS BEFORE THE LABOR BOARD.

1946 – THE CALIFORNIA NURSES ASSOCIATION BECAME THE FIRST


NURSES ASSOCIATION TO REPRESENT NURSES.
OBJECTIVES OF
COLLECTIVE BARGAINING
 Resolve differences over
knotty issues.
 Protect the interests of workers
through collective action.
 Carry out negotiations
voluntarily,
without interference from a
third party.
 Arrive at an amicable
agreement through a process of
give and take.
 To arrive at an agreement on
wages and other conditions of
employment.
 To have peaceful co-existence
for the mutual benefits and
progress.
 To maintain employee-
employer relation bilaterally.
CHARACTERISTICS
• Collective: Collective bargaining is a two way group process where
the employers representative and employees representatives sit
together to negotiate terms of employment.
• Strength: Both the parties in collective bargaining are strong and
equal.
• Voluntary: Both parties come to the negotiation table voluntarily in
order to go in particular negotiation. It is based on discussion,
mutual trust and understanding.
• Formal: It is a formal process in which certain employment related
issues are to be regulated at National, organization and workplace
levels.
• Flexible: It is a flexible and continuous process and not fixed or
static.
• Improvement: It is a method to improve the employer-employees
relation in organization and resolve management and employees
conflicts.
CONTD…
• Representation: Collective bargaining is between the
representatives of employees and management. The management
does not directly deal with employees. It carries negotiations with
the representatives/executives of unions and association.

• Dynamic: Collective bargaining is dynamic, that go on changing


over a period and grows and expand the way of agreement, the way
of implementation and way of discussion.

• Continuous: Collective bargaining is continuous and begins with


agreement, the implementation of agreement and further
negotiations.

• Bipartite Process: Because the employee and employers


representatives negotiate directly face to face across the table.
TYPES OF BARGAINING
CONJUNCTIVE OR DISTRIBUTIVE BARGAINING: Conjunctive
bargaining is the most common type of bargaining & involves zero-sum
negotiations, in other words, one side wins and the other loses. Both parties
try to maximize their respective gains. They try to settle economic issues
such as wages, benefits, bonus, etc. For Example, Unions negotiate for
maximum wages & the management wants to yield as little as possible –
while getting things done through workers.

COOPERATIVE /INTEGRATIVE BARGAINING: Integrative


bargaining is similar to problem solving sessions in which both sides are
trying to reach a mutually beneficial alternative, i.e. a win-win situation.
Both the employer & the union try to resolve the conflict to the benefit of
both parties. Both sides share information about their interests and concerns
and they create a list of possible solutions to best meet everyone‟s needs.
CONTD…

PRODUCTIVITY BARGAINING: A form of collective bargaining leading to a


productivity agreement in which management offers a pay raise in exchange for
alterations to employee working practices designed to increase productivity.
Productivity bargaining has been described as "an agreement in which advantages
of one kind or another, such as higher wages or increased leisure, are given to
workers in return for agreement on their part to accept changes in working practices
or in methods or in organization of work which will lead to more efficient working.

COMPOSITE BARGAINING: Workers believed that productivity bargaining


agreements increased their workloads. Rationalization, introduction of new
technology, tight productivity norms have added to this burden and made the life of
a worker some what uneasy. As an answer to such problems, labor has come in
favor of composite bargaining. In this method, labor bargains for wages as usual,
but goes a step further demanding equity in matters relating to work norms,
employment levels, manning standards and enviornmental hazards etc.
Issues of collective
bargaining
1. Wages and working conditions
2. Work norms
3. Incentive payments
4. Job security
5. Changes in technology
6. Work tools, techniques and practices
7. Staff transfers and promotions
8. Grievances
9. Disciplinary matters
10. Health and safety
11. Insurance and benefits
12. Union recognition
13. Union activities/responsibilities
14. Management rights
PREPARATION FOR COLLECTIVE BARGAINING
POINTS TO KEPT IN MIND BEFORE
COLLECTIVE BARGAINING

 Be sure to set clear objectives for every bargaining item, and


be sure you understand the reason for each.
 Do not hurry.
 When in doubt, discuss with your associates.
 Be well prepared with firm data supporting your position.
 Always strive to keep some flexibility in your position.
 Don't concern yourself just with what the other party says and
does; find out why.
 Respect the importance for face saving for the other party.
 Be alert to the real intentions of the other party-not only for
goals, but also for priorities.
CONTD…
 Be a good listener.
 Build a reputation for being fair but firm.
 Learn to control your emotions and use them as a tool.
 Asyoumake each bargaining move, be sure you know
its relationship to all other moves.
 Measure each move against your objectives.
 Pay close attention to the wording of every clause negotiated;
they are often a source of grievances.
 Remember that collective bargaining is a compromise process;
There is no such thing as having all the pie.
 Try to understand people and their personalities.
 Consider the impact of present negotiations on those in future
years.
COLLECTIVE
BARGAINING
MEMBERS

 REGISTERED NURSES
 PHYSICIANS
 OTHER PROFESSIONALS
 TECHNICAL EMPLOYEES
 NON -PROFESSIONALS
ORGANIZATION OF COLLECTIVE
BARGAINING UNIT
 Assemble a group of nurses who support collective bargaining.
 Arrange a meeting with a representative of nurses association
of state level.
 Assess feasibility of an organizing campaign.
 Conduct necessary review of literature to develop a plan of action.
 Establish an organizing committee.
 Initiate the process of obtaining authorization cards.
 Schedule an informal meeting.
 Ensure voluntary recognition from the employer.
 Seek certification by national registration agency.
 Initiate contract negotiations.
COLLECTIVE BARGAINING
PROCEDURE
PROCESS OF COLLECTIVE BARGAINING
PROCESS OF COLLECTIVE BARGAINING

The collective bargaining process involve five steps:

Prepare: This phase involves composition of a


negotiation team.

Discuss : Both parties decide the rules that will


guide the negotiations.

Propose : It involves the initial opening


statements and the possible options that exist to
resolve them.
CONTD…
• Bargain: Negotiations are easy if a problem
solving attitude is adopted. This stage comprises
the time when „what ifs‟ and „supposals‟ are set
forth and the drafting of agreements take place.

• Settlement: This stage is described as consisting


of effective joint implementation of the
agreement through shared visions, strategic
planning and negotiated change.
OBSTACLE
oSRegistered nurses who
participate in organizing
drives could be summarily
fired.

o Hospital could refuse


recognize
to and bargain
with nursing
organizations.

o The associations
spend years softening up
the turf.
ADVANTAGES

•Contract to guide standards.


•Participation in decision making process.
•All union members and management must confirm to terms of contract without
exception
•Process exists to question manager‟s authority if member feels something was done
unjustly.
•Nurses gain control of practice.
•Improve professional relationships.
•Professionalism can be promoted.
•Protect patients from inadequate and unsafe care.
• Give economic security.
• Ensure that nurses have fair pay, good benefits and safe working conditions.
• Provide power.
•Establish effective channels of communication with decision-makers.
DISADVANTAGES
 Reduced individuality.

Other union members


may outvote one‟s
decisions.

Disputes are not handled


with individual and
management only.

 Must pay union


even if one does dues
support unionization. not

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