hrm - excel books - chapter 23

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    COLLECTIVE

    BARGAINING

    EXCEL BOOKS23-1

    23Chapter

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    ANNOTATED OUTLINE

    23-2

    INTRODUCTION

    The basic objective of collective bargaining is to arrive at an

    agreement on wages and other conditions of employment. Both

    labour and management must reconcile their differences voluntarily

    through negotiations, yielding some concessions and making

    sacrifices in the process. Some of the important features of collective

    bargaining may be listed thus:

    Collective Bargaining

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    Collective

    Strength

    Flexible

    Voluntary

    Continuous

    Dynamic

    Power relationship

    Representation

    Bipartite process

    complex

    Collective Bargaining

    Important features of CollectiveBargaining

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    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

    Objectives of collective bargaining

    Collective Bargaining

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    The substance of 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

    Collective Bargaining

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    Types of Bargaining

    Over the years, four distinctive types of bargaining have evolved,

    namely;

    Conjunctive or distributive bargaining: where both parties try

    to maximise their respective gains

    Cooperative bargaining: where both parties yield ground tothe other to get ahead and resolve knotty issues

    Productivity bargaining: where the wages and benefits of

    workers are linked to productivity

    Composite bargaining: where labour bargains not only for

    wages but goes a step further and demands equity in othermatters relating to work norms, employment levels, etc in return

    for agreeing to the tight productivity norms set by management.

    Collective Bargaining

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    The Process of Collective Bargaining

    Steps in the collective bargainingprocess

    Collective Bargaining

    Identification of the problem

    Collection of data

    Selection of negotiators

    Climate of negotiations

    Bargaining strategy and tactics

    Conflict based

    Armed truce

    Power bargaining

    Accommodation

    Cooperation

    Formalising the agreement

    Enforcing the agreement

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    Bargaining limits

    Reed Richardson has the following advice for bargainers:

    1. Be sure to set clear objectives for every bargaining item, and be sure you understand thereason for each.

    2. Do not hurry.

    3. When in doubt, caucus with your associates.

    4. Be well prepared with firm data supporting your position.

    5. Always strive to keep some flexibility in your position.

    6. Don't concern yourself just with what the other party says and does; find out why.7. Respect the importance for face saving for the other party.

    8. Be alert to the real intentions of the other party-not only for goals, but also for priorities.

    9. Be a good listener.

    10. Build a reputation for being fair but firm.

    11. Learn to control your emotions and use them as a tool.

    12. As you make each bargaining move, be sure you know its relationship to all other moves.

    13. Measure each move against your objectives.14. Pay close attention to the wording of every clause negotiated; they are often a source of

    grievances.

    15. Remember that collective bargaining is a compromise process; There is no such thing ashaving all the pie.

    16. Try to understand people and their personalities.

    17. Consider the impact of present negotiations on those in future years.

    Collective Bargaining

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    Collective Bargaining

    Content of a Labour Agreement

    Purpose and intent of the parties Vacations

    Scope of the agreement Seniority

    Management Safety and health

    Responsibilities of the parties Military service

    Union membership and checkoff Severance allowance

    Adjustment of grievance Savings and vacation plan

    Arbitration Supplemental benefits program

    Suspension and discharge cases Prior agreements

    Rates of pay Termination date

    Hours of work

    Overtime and holidays

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    Unions occupying centre stage only after1900

    Mostly legal machinery used to resolve disputes

    After independence, collective bargaining gained ground

    Productivity bargaining is increasingly popular in recent times due toglobal competition, customer-focused manufacturing and marketing

    etc.

    Factors inhibiting collective bargaining

    Employer's reluctance

    Weak unions

    Inappropriate legislative framework

    Collective Bargaining In India

    Collective Bargaining

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    Conditions Essential For CollectiveBargaining

    Collective Bargaining

    To strengthen collective bargaining, both parties must carry out

    negotiations in an atmosphere of mutual trust and faith, observing certain

    essential things:

    Unanimity among workers

    Strength of both parties

    positive attitude

    willing to make some sacrifices

    prepared to implement previously agreed things strictly

    Representative authority

    Representatives must understand the problems of both parties

    Willing to discuss everything and not necessarily somethingrelated to wages and monetary benefits

    Parties having respect toward each other

    Carry out negotiations free from unfair practices

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    Collective Bargaining

    Recommendations of NationalCommission on Labour, 1969

    Minimum intervention from government

    Strengthening the trade unions

    Appropriate legal provisions governing

    Compulsory recognition of unions

    Prohibition and penalisation of unfair labour practices

    Bargaining in good faith by both parties

    Conferring legal validity and legitimacy on collective agreements

    Intensification of workers' education

    One union for one plant being popularised

    Encouraging bipartite consultations and negotiations