COLLECTIVE BARGAINING

Collective Bargaining is concerned with the relations between unions reporting employees and employers (or their representatives). It involves the process of union organization of employees, negotiations administration and interpretation of collective agreements concerning wages, hours of work and other conditions of employees arguing in concerted economic actions dispute settlement procedures. According to an ILO Manual in 1960, the Collective Bargaining has defined as: Negotiations about working conditions and terms of employment between an employer, a group of employees or one or more employers organization on the other, with a view to reaching an agreement. It is also asserted that the terms of agreement serve as a code defining the right & obligations of each party in their employment relations with one another, if fixes large number of detailed conditions of employees and during its validity none of the matters it deals with, internal circumstances give grounds for a dispute counseling and individual workers.

Collective Bargaining involves:

Negotiations Drafting Administration Interpretation of documents written by employers and the union representatives their employees. Able management Organizational Trade Unions with open mind.

Subject matter of Collective Bargaining:

Employment Relationship between the workers and the management. Recognition of union Wages and allowances, hours of work Leave and festival holidays Bonus & profit sharing schemes Seniority and rationalism Fixation of work loads Standard of labour force Programs of planning and development, influencing workforce Issue related to retrenchment and lay offs Victimization of trade union activities

 PF, gratuity and other retirement benefit schemes Incentive schemes Housing & transport facilities Issues related to discipline and stop rules Grievance proceedings Working conditions Issues related to safety and accident prevention, occupational diseases and protective clothing. Employment benefits such as canteens, medical & health services and crches Administration of welfare funds Cooperative thrift and credit societies Educational recreational and training schemes

Procedure for negotiation and Collective Bargaining between Management and Union includes the following1. Composition of Negotiating Team Representatives of both workers and the employees Adequate qualify job knowledge and skills for negotiations. To have full authority to speak and make decisions. Correct understanding of the main issue and intimate knowledge of operations, working conditions, production norms, etc. Basic qualities of balanced views even temper, analytical mind, objective look out. Inclusion of functional heads will be more beneficial. 2. Make a good beginning Well begun is half done is true in the Collective Bargaining Steps for mutual cooperation Members in the right frame of mind. Proper climate for mutual understanding and a common desire to reach an agreement. True spirit of give and take Maximum chances of success. 3. Maintain continuity of Talks With good will and understanding Occasions for emotional outbursts and roadblocks likely Never to reach the dead end Side track blind alleys and keep talks continuing Even under the worst situations breaking off temporarily for scrolling down and rethinking may be necessary. When the main issue get confused the dust and storm raised, bringing things to fundamentals will then help. Better to leave controversial issues for the time being and leap over to the next issue. As the field of agreement is widened and the field of disagreement is narrowed down, small gaps can be bridged over more easily later.

 As long as talks continue, a solution will be possible. To keep the discussion fluid is therefore very important. 4. Develop a problem-solving attitude Appreciation on both the sides Better understanding Better performance and increased prosperity for future Proper discussion, analyses can fluid a solution with open mind. 5. Encourage leadership Possibilities of solution of both sides are argued. Right of association and fight for justice and a fair deal. United and homogeneous climate on both sides Management gets the union it deserves Principle of justice, sympathy and firness Growth of healthy and strong trade unionism. Thus development of the right type of leadership is only a matter of time. 6. Bring in the other managers Contribution and involvement of other managers Collective agreement covers not just one part, but the entire field of industrial activity. Lack of understanding and proper communication often create problems and difficulties Discipline for management and productivity/job security for workers is important. These are the basic difference and conflict never gets resolved. At times conflict grows more serious and a situation becomes explosives, threatening discipline peace and production gets disturbed. Thus maintaining normal conditions and preserving in spirit of agreement in such a situation presents a tough challenge to the skill & ability of the management. 7. Contract Administration Once a contract is agreed upon it must be diminished Contract to specify the procedure for handling disagreement over the interpretation of different clause of the agreement. Almost all Collective Bargaining agreements contain formal procedure to be used in resolving difference over the interpretation and application of the agreement.

PRINCIPLES OF COLLECTIVE BARGAINING For Unions and Management: There must be an honest attempt at solving a problem rather than at a compromise. Both the parties to a dispute should command the respect of each other and should have enough bargaining power to enforce the terms of the agreement that may be arrived at. There must be mutual confidence and good faith and a desire to make collective bargaining effective in practice. There should be an honest, able and responsible leadership, for only this kind of leadership will make collective bargaining effective and

meaningful. The two parties should meticulously observe and abide by all the national and state laws which are applicable to collective bargaining. For the Management: The management must develop and consistently follow a realistic labor policy, which should be accepted and carried out by all its representatives. The management must grant recognition to it without any reservations and accept it as a constructive force in the organization. The management should periodically examine the rules and regulations by which its labor force is governed. The management should deal with only one trade union in the organization. While weighing the economic consequences of collective bargaining, the management should place greater emphasis on social considerations. For the Trade Union: The Trade union members have an obligation to assist the management in the elimination of waste and in improving the quality and quantity of production, in addition to their demands. Trade union leaders should appreciate the economic implications of collective bargaining, for their demands are generally met from the income and resources of the organization in which their members are employed. Trade union leaders should think of societys interest also. Trade unions should resort to strikes only when all other methods of the settlement of a dispute have failed.

Features of Collective Bargaining It is a collective process: The representative of both the management & the employees participate in it. It is a continuous process: It establishes regular & stable relationship between the parties involved. It involves not only the negotiation of the contract, but also the administration or application of the contract also. It means that bargaining is a day-to-day process Summer Sticher has rightly observed: It would be mistake as to assume that Collective Bargaining begins and ends with the writing of the contract. Actually, that is only the beginning of the Collective Bargaining It is a flexible and dynamic process: The parties have to adopt a flexible attitude throughout the process of bargaining It is a method of partnership of workers in management. It is in fact a way to establish industrial democracy. It is based on give and take approach and take or leave approach. It is an attempt in achieving and maintaining discipline in industry It is an effective step in promoting industrial jurisprudence.

Signification of Collective Bargaining

Negotiations Administration

 Enforcement of the written contract between employees and the employer Process of reserving labour-management conflicts It is legally and socially sanctioned way of regulating in the public interest the forces of power and influence inherent in organized labour management groups Labour legislation and machinery for settlement of disputes To promote cooperation and mutual understanding To provide strikes and lock-outs Bipartite / tripartite machinery An important solution to the problem of IRs Importance to employees Importance to employers Importance to Society

IMPORTANCE OF COLLECTIVE BARGAINING

It is dynamic but not static, as this concept is growing, expanding and changing in view of attitudes, opinions and perceptions of both the parties. It ensures democracy at workplace. Increases the economic strength of unions and management. It establishes uniform conditions of employment with a view to avoiding industrial disputes and maintaining stable peace in the industry. It secures a prompt and fair redressal of grievances. It promotes the stability and prosperity of the industry. It builds up a system of industrial jurisprudence by introducing civil rights in industry. It builds up a system of industrial jurisprudence by introducing civil rights in industry. So, Finally Collective Bargaining can be advantageous for both workers and employers. For workers, collective bargaining, more so than individual employment relations, ensures adequate wages and working conditions by providing them with a "collective voice". It also allows them to influence personnel decisions and to achieve a fair distribution of gains from technological progress and productivity increases. For employers, collective bargaining helps to stabilise industrial relations by maintaining industrial peace that otherwise may be disrupted by labour unrest. Through collective bargaining employers can also address the need for adjustment to facilitate modernisation and restructuring.

Submitted byJyoti Sharma