CLASS PRESENTATION ON

COLLECTIVE BARGAINING

PRESENTER

Mandeep Kaur

M.Sc. (N) 1st Year

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.

“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

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

HISTORY

IN THE YEAR 1913: THE CALIFORNIA LEGISLATURE EXTENDED THE EIGHT HOUR LAW TO PUPIL NURSES.

1919 – FORMATION OF THE UNION OF STEWARDS AND NURSES.

1930 – THE NATIONAL LABOR RELATION ACT (NLRA) ESTABLISHED.

CONTD…

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.

1934 – ANA ACTIVELY CAMPAIGNED FOR THE EIGHT – HOUR /DAY.

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.

• 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.

CHARACTERISTICS

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.

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.

TYPES OF BARGAINING

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. As you make 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 NURSESPHYSICIANSOTHER PROFESSIONALSTECHNICAL EMPLOYEESNON -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:

Propose : It involves the initial opening statements and the possible options that exist to resolve them.

Discuss : Both parties decide the rules that will guide the negotiations.

Prepare: This phase involves composition of a negotiation team.

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.

OBSTACLES

o Registered nurses who participate in organizing drives could be summarily fired.

o Hospital could refuse to recognize 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.

DISADVANTAGESReduced individuality.

Other union members may outvote one’s decisions.

Disputes are not handled with individual and management only.

Must pay union dues even if one does not support unionization.

RECAPTULIZATION

Collective bargaining term is said to be coined by________.

The word bargaining means_____________.

The California nurses association became the first nurses association to represent nurses in year ______.

Conjunctive bargaining involves__________.

First step of collective bargaining is________________.

THANK YOU

ANY QUERY