Collective disputes typically involve pay, conditions of employment, job security or breach of contracts and negotiated agreements.

According to employment act 1982 lawful trade dispute is one between workers and their own employers, wholly or mainly about work related matters, and not: Demarcation and other inter-union disputes. Disputes between workers and employers other than their own. Disputes other than those mainly connected with pay and conditions or Disputes overseas.

Industrial actions in pursuance of a dispute are classified on four basic dimensions: Official (supported by trade union representative) Unofficial (without recognition and support from union officials) Primary (aimed at the employer) Secondary (aimed at the employers who trade with firms in dispute)

Industrial action may be used as: A demonstration of bargaining strength, by the threatened or actual withdrawal of labor and/or restriction of productivity, aimed at forcing management to enter negotiation or make concessions, or A gesture of protest to highlight a grievance issue, aimed at management, government and other influential bodies, or at general public.

Strike action is the withholding of labor in the course of a dispute with management. Various forms of primary industrial action by union members include the following: Withdrawal of co-operation by the union (refusal to participate in disciplinary procedures). Insistence on formal rights by the union (raising trivial infringements as grievance issues). A work-to-rule or go-slow (this highlights the extent to which management take for granted the commitment and voluntary contribution of employees). A ban on overtime to restrict productivity. A token withdrawal of labor (a one-day strike by the union membership in the workforce). Indefinite strike action. Picketing (aim is to highlight the protest and to inform and solicit the support of workers attempting to enter the workforce).

Corresponding industrial sanctions which might be used by the management in furtherance of an industrial dispute are: Locking out some, or all, of the workforce from the worksite. Closing the worksite and/or relocating operations elsewhere. Dismissing employers who participate in industrial action.

These should be a last resort measures because: They are costly, involving lost production/service. They risk escalating the conflict, hardening attitude on both sides. They risk long-term damage to the loyalty and commitment of staff. They need to be carefully checked for legality.

The law on strikes: Official industrial action requires the secret balloting of all affected members. Members of the public have the right to apply for a court order restraining a union from taking unlawful industrial action. Picketing carries legal immunity only if the pickets consist of employees who normally work at the premises. An individual may not be unjustifiably disciplined by a union for refusing to strike. It is unlawful to dismiss strikers for the first twelve weeks of a strike.

Dispute resolution procedures Detailed procedural agreements on disputes are generally made during collective bargaining or other negotiated agreement. These procedures include: Meeting of union representative and middle management. Meeting of district union officer and senior management. Meeting of regional and than national officials of the union and employers association (in national disputes) Conciliation (if required) Mediation (if required) Agreement to abide by the decision of an independent arbitrator (the decision than passes out of the hands of the parties involved)

Role of ACAS

Conciliation is a voluntary process of discussion, facilitated by ACAS conciliators whose role is to make constructive suggestions, provide information and manage the process. The process involves: Fact-finding Explanation (in joint meetings) Negotiation

If a voluntary settlement is not reached through conciliation, ACAS can arrange for mediation. This involves the appointment of an independent person or board of mediation, who will consider the case of both sides and then hear both sides evidence and arguments at a hearing. This is not legally binding on either party.

Conflict resolution Cornelius and faire (1989) suggests that there are three basic ways in which a conflict can be worked out: Win-lose (one party gets what he wants at the expense of the other party) Lose-lose (neither party gets what they really wants) Win-win (both parties get as close as possible to what they really want)

A win-win approach may be outlined as follows: Find out why each party needs what they say they want. Find out where the differences dovetail. Design more options. Co-operate (treat the other party as a partner in problem-solving)

Coping with industrial action Depending on the business, and the group of workers involved, key considerations may be: To maintain incoming deliveries. To maintain production output or service levels. To maintain supply of goods and services to the customer.

Collective bargaining is the process whereby employers and employee representative negotiate agreements by which terms and conditions of employment are determined for groups of represented employees. It is basically concerned with reaching two types of agreement: Substantive agreement, which determine the terms and conditions of employment. Procedural agreements, for arriving at substantive agreements, and for settling any disagreements or disputes which cannot be resolved by normal negotiation.

Collective bargaining may take place at different levels such as: National level, between representatives of employers for the industry or sector and national trade union officials. Company level, by representations of management and the unions or staff associations recognized by the company. Local level, by domestic bargaining, involving representative of plant or business unit management and local shop stewards.

Decentralized bargaining has increased in recent years, because it provides greater flexibility than national agreements.

Disclosure of information An employer must provide information in response to a written request by a union representative, as long as: It relates to its (or an associated employers) undertaking. It is in its possession. It is in accordance with good practice. Lack of the information would materially impede the representative in collective bargaining.

Negotiation is a process whereby two parties come together to confer with a view to concluding a jointly acceptable agreement. It is basically a problem solving technique, enabling parties to meet their own needs without breaking the relationship or co-operation between them. Gennard & Judge (2003) suggest that this process requires: Purposeful persuasion

Constructive compromise

There are two approaches to negotiation, which involves different methodologies and outcomes; Distributive bargaining, where negotiation is about the distribution of finite resource. Integrative bargaining, based on joint problem-solving, where negotiations aim to find a mutually satisfying solution to problems.

General overview of Negotiation process Preparation Data gathering and analysis Indentifying key issues Planning strategy and tactics Preparing the meeting Interaction Opening Presentations Identifying common ground Making concessions Closure Final offer Conclusion Follow up

Preparing a negotiation and negotiation strategy Set objectives, parameters and priorities. Research the background. Recognize potential for conflict. Identify tradable items and bargaining power. Determine negotiating strategy. Determine the agenda (terms of reference). Issue prior information. Select participants.

Conduct of negotiation

Opening presentation Fact-finding Identifying common ground Use of the negotiating strategy and bargaining power Making concessions

At the conclusion of negotiations, both parties must be satisfied that all issues have been discussed and that they understand exactly what has been agreed: proceedings should be summarized and agreements played back for confirmation by both sides.