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 labor 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

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

1930 – THE NATIONAL LABOR RELATION ACT (NLRA) ESTABLISHED. 1919 –

FORMATION OF THE UNION OF STEWARDS AND NURSES.  IN THE YEAR 1913:
THE CALIFORNIA LEGISLATURE EXTENDED THE EIGHT HOUR LAW TO PUPIL
NURSES. HISTORY

1934 – ANAACTIVELY CAMPAIGNED FOR THE EIGHT – HOUR /DAY.1946 – THE

CALIFORNIA NURSES ASSOCIATION BECAME THE FIRST NURSES ASSOCIATION
TO REPRESENT NURSES. 1941 – CALIFORNIA STATE NURSES ASSOCIATION
REPRESENTED NURSES CONCERNS BEFORE THE LABOR BOARD.

OBJECTIVES OF COLLECTIVE BARGAINING

To maintain employee- employer relation bilaterally.

 To have peaceful co-existence for the mutual benefits and progress.

 To arrive at an agreement on wages and other conditions of employment.

 Arrive at an amicable agreement through a process of give and take.

 Carry out negotiations voluntarily, without interference from a third party.

 Protect the interests of workers through collective action.

 Resolve differences over knotty issues.

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.

• 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.

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 environmental 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

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

Respect the importance for face saving for the other party.

Don't concern yourself just with what the other party says and does; find out why.

Always strive to keep some flexibility in your position.

Be well prepared with firm data supporting your position.

When in doubt, discuss with your associates.

Do not hurry.

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

POINTS TO KEPT IN MIND BEFORE COLLECTIVE BARGAINING

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

Try to understand people and their personalities.

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

Pay close attention to the wording of every clause negotiated; they are often a source of
grievances.

Measure each move against your objectives.

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

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

Build a reputation for being fair but firm.

Be a good listener.

BARGAINING UNIT

TECHNICAL EMPLOYEES

OTHER PROFESSIONALS

PHYSICIANS

REGISTERED NURSES

COLLECTIVE BARGAINING MEMBERS NON –PROFESSIONALS

ORGANIZATION OF COLLECTIVE

Bargaining Initiate contract negotiations.

 Seek certification by national registration agency.

 Ensure voluntary recognition from the employer.

 Schedule an informal meeting.

 Initiate the process of obtaining authorization cards.

 Establish an organizing committee.

 Conduct necessary review of literature to develop a plan of action.

 Assess feasibility of an organizing campaign.

 Arrange a meeting with a representative of nurses association of state level.

 Assemble a group of nurses who support 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.

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 managers 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

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

 Disputes are not handled with individual and management only.

 Other union members may outvote one’s decisions.

Reduced individuality.