Chapter 34 COLLECTIVE BARGAINING So, students what do we mean by a bargaining done by group of people together against the management

or do you have something else on your mind. Fine do not put your self in more confusion . I will make it simple for you. The term collective bargaining originated in the writings of Sidney and Beatrice Webb, the famous historian of the British labour movement, towards the end of the nineteenth century. It was first given currency in the United States by Samuel Gompers. Collective bargaining is a process of joint decision-making and basically represents a democratic way of life in industry. It establishes a culture of baptism and joint and technical changes in an industry. It helps in establishing industrial peace without disrupting either the existing arrangements or the production activities. Meaning and Concept: Collective bargaining has been defined in the Encyclopedia of Social Sciences as a process of discussion and negotiation between two parties, one or both of whom is a group of persons acting in concert. The resulting bargain is an understanding as to be performed. More specifically, Collective bargaining is the procedure by which am employer or employers and a group of employees agree upon the conditions of work. Stevens defines collective bargaining as a social control technique for reflecting and transmitting the basic power relationships which underlie the conflict of interest in an industrial relations system. The definition emphasizes important characteristics of collective bargaining that it is concerned with the application of power in the adjustment of inherent conflicts of interest. The Webbs describe collective bargaining as an economic institution, with trade unionism acting as a labour cartel by controlling entry into the trade. Prof. Allan Flanders has argued on the other hand, that collective bargaining is primarily a political rather than an economic process. He describes organization and the management organization. The agreement arrived at is a compromise is joint administration, synonymous with joint management. Maxists control that Collective bargaining is merely a means of social control within industry and an institutionalized _expression of the class struggle between capital and labour in capitalist societies. It is a method by which management and labour may explore each others problems and viewpoints, and develop a framework of employment relations and a spirit of cooperative goodwill for their mutual benefit. It has been described as a civilized bipartite confrontation between the workers and the management with a view to arriving at an agreement. In brief, it can be described as a continuous, dynamic process for solving problems arising out of the employer employee relationship. There are three concepts of collective bargaining with different emphasis and stress namely, marketing concept, government concept, and the industrial relations or managerial concept. The marketing concept views collective bargaining as the means by which labour is brought and sold in the market place. In this context, Collective bargaining is perceived as an economic and an exchange relationship. This concept

focuses on the substantial content of collective agreements, i.e., on the pay, hours of work, and fringe benefits which are mutually agreed between employers and trade union representatives on behalf of their members. The government concept of Collective bargaining, on the other hand, regards the institution as a constitutional system or rulemaking process which determines relation between management and trade union representatives. Here collective bargaining views the institution as a participative decision making between the employees and the employers, on matters in which both parties have vital interests. Collective bargaining is essentially a multi-dimensional institutional institution. It is also an important means of extending democracy to employees within the workplace. Therein workers directly but he deals with a collective authorized institution. It is an institutional mechanism for: a. fixing up the price of labour service; b. establishing a system of industrial jurisprudence; and include freedom of association for employees to organize into trade unions which are independent both of their employers and of the state employer recognition, bargaining in good faith, and mutual acceptance of the agreement entered into by employers and employees. Every bargaining structure comprises of bargaining levels, bargaining scope, bargaining units, bargaining forms, and bargaining scope. Bargaining levels, for example, may be on a national district, company plant or sub-plant bias. Bargaining units, on the other hand, relate to the groups of employees which are covered by a particular set of bargaining arrangements and collective agreements. Bargaining forms describe whether the agreements are written of formal, on the other hand, or are unwritten and informal on the other. Bargaining scope is concerned with the range of subjects covered in a particular negotiation. Functions: Collective bargaining serves a number of important functions. It is a rule making or legislative process in the sense that it formulates terms and conditions under which labour and management may cooperate and work together over a certain stated period, it is also a judicial process for in every collective agreement there is a provision or clause regarding the interpretation of the agreement, and how, any difference of opinion about the intention or scope of a particular clause is to be resolved. It is also an executive process as both management and undertakes to implement the agreement signed. John Dunlop and Derek Book have listed five important functions of collective bargaining: 1. establishing the rules of the workplace 2. determining the form of compensation; 3. standardizing compensation; 2

4. determining priorities of each side; and 5. redesigning the machinery of bargaining. In collective bargaining, the employer does not deal with workers directly but he deals with the collective authorized institution. It is an institutional mechanism for: a. fixing up the price of labour services; b. establishing a system of Industrial jurisprudence; and c. providing a machinery for the representation of individual and group interests. It covers the entire range of organized relationship between union and management, including negotiation, administration, interpretation, application and enforcement of written agreements. It sets forth joint understandings as to policies and procedures governing wages, rates of pay, hours of work and other conditions of employment. Type of Bargaining: Collective bargaining is among other things a rule making or orm creating process of a bilateral kind. Collective bargaining rules are of two kinds, namely, procedural and substantive. Procedural rules, as the term implies, set out the procedures that govern the behaviour of the employer and the union. They cover all procedural matters relating to negotiation of contracts, their modification, renewal or termination. It also includes in it the facilities to be extended to union officials in order to enable them to bargain. Substantive rules, on the other hand, do not regulate the relationship with the substance of the agreements which the union and managements work out. The three different kinds of relations that are regulated by substantive rules are:(i) economic or market relationship; (ii) government relationship; and (iii) work place relationship. There are two types of bargaining exercises. One is known as conjuritive or distributive bargaining and the other intergrative or Co operative bargaining. Though both aim at joint decision making, their processes are dissimilar. In distributive bargaining, the relationship is a forced one, in which the attainment of one partys goal appears to be in basic conflict with that of the other. It deals with issues in which parties have conflicting interests and each party uses its coercive power to a maximum extent possible. In such a situation, one partys gain is the others loss. Wages bargaining is an obvious example of distributive or conjunctive bargaining. In contrast to the win- lose syndrome of distributive, integrative bargaining is concerned with the solution of problems confronting both parties. It is a situation where neither party can gain unless the other gains as well. Ti makes a problem solving approach in which both the parties make a positive joint effort to their mutual satisfaction. Productivity bargaining is an instance of integrative bargaining. Productivity bargaining is a complex subject which constitutes an integral part of the collective bargaining exercise. It may broadly be described as an agreement in which advantages of one kind or another, such as higher wage or increased leisure, are given to 3

workers in return for agreement on their part accept changes. In work practices, methods of work, etc. Effective productivity bargaining necessitates openness and trust between the parties in the negotiation process. It is one of the most important method to increase the level of industrial efficiency. The factors which play a significant role in productivity bargaining are the general economic and political environment, human aspirations, type and nature of industry, management objectives and culture of the organization. Productivity bargaining is necessary for higher productivity and better industrial relations. Productivity agreement differs from convectional collective agreements. Conventional negotiations are more in the nature of wage bargaining. On the other hand, productivity negotiations relate to proposal for economical work practice in return for an increase in remuneration and fringe benefits. However there are certain impediments in the practice of productivity bargaining such as resistance on the part of the workman and trade union leaders, hesitation on the part of the union to make any corresponding commitment with the company in lieu of increase in wages and fringe benefits and lack of consensus among the union about the advantages of productive agreements. Essential Conditions: The success of Collective Bargaining depends upon the following factors: 1. One of the principle for establishing and promoting Collective bargaining is to give voluntary recognition to trade union as one of the contracting parties. It may also have the positive benefit of improving industrial relations productivity. 2. there should be willingness to give and take by both the parties and genuine interest on the part of both to reach an agreement and to make Collective bargaining work. The trade union should refrain from putting forward exaggerated demands. Both the parties must realize that collective bargaining negotiations are but their very nature a part of compromised process. An emphasis on accommodation rather than conflict is necessary. 3. The whole atmosphere of collective bargaining gets vitiated, relations become bitter and strained and negotiations more difficult, if one or both the parties engage in unfair practices and must have healthy regard for their mutual rights and responsibilities. Trust and openness are very essential for meaningful discussion. 4. Collective bargaining usually takes place when there are difference between the parties on certain issues. But in order to make the collective bargaining process more successful, it is essential on the part of the representation of employers and union to hold meetings at regular intervals to consider matters of common interest. Such an on going process would enable them to understand one anothers problem better and make it easier to find solutions questions on which their interests conflict.

5. Effective collective bargaining presupposes an intelligent understanding of management and needs, aspirations, objectives and problems of the other party. Union leaders must have a developed awareness of the nature of the union as a political institution operating in an economic environment. 6. The effectiveness of collective bargaining cannot be attained without maturity of leadership on the bargaining theory. The negotiators should such qualities, as experience, skill, intelligence, resourcefulness, honesty, and technical know how. 7. Intelligence collective bargaining demands specialized training. The increasingly technical of the collective bargaining agenda requires expert professional advice, experience and skill on the part of the negotiators. 8. Both management and the union often find it difficult to locate the men on the other side of table who are authorized to negotiate. For proper negotiations, it is necessary to know the persons empowered to act for the company and the union respectively.

Collective Bargaining Process: Collective bargaining is two-edged sword; what is won may also be lost. Todays collection process is based upon statutory law. What makes collective bargaining possible in this text is that both labour and management have an ultimate harmony of interest; that is, the desire to assure that the firm for which they work and from which they are both paid will remain in business. In order to stay in business, it must be competitive with other firms. One of the most difficult aspects of the collective bargaining process is to determine appropriate bargaining units. The principle to be followed is that there should exist a community of interest among the employees to be represented. Otherwise, a single bargaining agents would find it impossible to represent all of their interest equally well. The first step in the collective bargaining process is establishing a relationship for on going negotiations and the formation of agreements covering conditions in the workplace. It is obvious that a great deal of effort can go into the process of establishing a collective bargaining relationship. It is an anxiety producing process and that each step may involve bitter conflict between the parties. Sometimes this conflict escalates to litigation; and sometimes it even spills over to violence. The second step in the bargaining process relates to the scope of bargaining i.e. the matters on which to bargain. It consists of three broad categories of items subjects over which bargaining is mandatory, subjects, considered illegal or prohibited, subjects on which bargaining is permitted but not required. The third step in bargaining process is careful structuring. Many observers agree that some structural aspects are crucial in facilitating the ability to reach agreements. The 5

personnel departments should take the initiative of forming a negotiating tem consisting of two or three members, besides the relations experts. The management team should include representatives of the departments, a personnel specialist and someone competent to assess the various proposal and counter proposals. The bargaining teams should also be balanced in terms of number of individuals present. Both the sides should agree in advance on the timing, location, and length of the bargaining sessions. An agenda should be prepared indicating which items are to be taken up first economic or non-economic. A decision must be made as to whether economic or non-economic. A decision must be made as to whether to treat each item separately, or to seek to bargain an entire package at once. Steps to improve the process of collective bargaining are: 1. Begin the process of negotiations with proposals, not demands. 2. Avoid taking public positions for or against certain proposals in advance of negotiations. 3. Avoid taking strike votes before the process of negotiation begins. 4. Give negotiation proper authority to bargain. 5. Avoid unnecessary delays in beginning negotiations and in conducting them. 6. Insist on offering facts and arguments. 7. Make plenty of proposals to enhance the opportunities to find compromises. 8. Be prepared to compromise. 9. Be prepared to get results gradually. 10. Preserve good manners and keep discussion focused on relevant issues. 11. Be prepared to stand for a long and hard strike or lock out ( as the case may be ) in order to force a settlement justified by facts and arguments.

Negotiations: Negotiation is concerned with resolving conflict between two or more parties, usually by the exchange of concessions. It can be competitive know as win lose negotiation, or it can be Co-operative, known as win win. Negotiation should be regarded as a potentially beneficial activity for both parties. It does not always have to imply confrontation although it may sometimes require an element of workmanship. Negotiation plays a central role over a wide range of human activity. There are two primary purpose to negotiating in the industrial relations context. First, to reconcile difference between managements and unions and second, to device ways of advancing 6

the common interest of the parties. Among managements and trade union that deal with each other on an ongoing basis, negotiating may at the outset take the character of mutual problem solving. The process involves the recognition of the common interest of the parties, the areas of agreement and disagreement and possible solutions, to the mutual advantages of both sides. Negotiating is an art. Successful negotiation depends upon the knowledge and skill of the negotiators. They most, through careful preparations, become knowledgeable about their own and the other side positions on the bargaining issues. A negotiator must cultivate the technique of listening skills and the ability to communicate clearly: For success of negotiation;

Always do you homework Always fell free to ask questions Listen to what other person has to say Maintain an attitude of respect for your opposite at all times Honour minor courtesy commitments Adopt a friendly tone. Recognize your opposites ego needs Display an open mind and willingness to compromise Avoid tricks or pressure tactics

Tactics or Strategies in Collective Bargaining The following some of the common strategies to make collective bargaining exercise more meaningful: 1. The management has to anticipate the demands and also understand the main directions in which the demands are going to be placed. Grant or rejection of demands cannot be decided upon in a vacuum; it is very much relative to the time and place of the bargaining. 2. An adequate area survey of what the comparable organizations in the region have already conceded or in the process of conding is most essential. An adequate questionnaire must be drawn up, and care must be taken to identify the organizations must that are truly comparable. Generally speaking, negotiations are best done if both the parties do their homework well. 3. it is essential that a real team spirit is maintained throughout the negotiations. The team must have confidence of facing any eventuality which may come up during negotiations.

4. any collective bargaining strategy should firstly separate the personalities from the problems for arriving at a workable and desirable agreement and secondly, explore the possibilities for harmony and compatibility. 5. collective bargaining is a two way traffic. The management as well as the union must gain out of collective bargaining. Hence, the management team should also present their counter proposals. 6. there is a greater necessity on the part of the management representatives to give a patient hearing to the demands of the union and not to react even if there is a threat of strike or work stoppage. 7. it is also a bad strategy to depute persons of low rank without authority to commit the management on the negotiating table. 8. it is a good practice always to classify the various demands raised by labour representatives distinguishing the real from the unreal. 9. it is a good tactic to total the cost of all the union proposals and to make up the non cost items first or items on which it is easy to come to an agreement so that suitable collective bargaining atmosphere is created. 10. any collective bargaining strategy must result in a good agreement or settlement, the characteristics of which are (a) it must strike a proper balance between the various factors and must be viewed as a whole;(b) it must be based upon experience, logic and reasonable to both the parties and also to the consumers in respect of better quality goods and services.

Collective Agreement and their Implementation: The term collective agreement means all agreements in writing regarding working conditions and terms of employment concluded between an employer, a group of employers or one or more employers organizations, on the one hand, and one or more representation workers organizations or, in the absence of such organizations, the representatives of the workers duly elected and authorized by them in accordance with national laws and regulations, on the other (I.L.C Recommendation No.91). The contents of collective agreement vary considerably from plant to plant and industry, usually they cover items relating to wages, working conditions, working hours, fringe benefits, and job security. Legally, a collective agreement binds only the parties to it and the persons on behalf of whom they were acting. It often happens that all workers in a given undertaking may not belong to the union which signed the agreement, or that they are non-unionized, therefore, in a number of countries the law provide for compulsory coverage of agreements or settlements on the employers and all the employees in an establishment, the implementation of collective agreements also differs from country to country.

Effective collective bargaining of agreement is vital to the health of union management of an agreement depends on mutual respect among employees, management relations is mutual agreement without third party intervention. Collective Bargaining in India: Like many other countries, collective bargaining in India got some impetus from various statutory and voluntary provisions. The Trade Disputes Act, 1929, the Bombay Industrial Relations Act, 1946, the Industrial Disputes Act, 1947, and the Madhya Pradesh Industrial Relations Act,1960 provided a machinery for consultation and paved the way for Collective bargaining. Among the voluntary measures, mentioned may be made to the different tripartite conferences and joint consultative bodies. The Collective bargaining contract in India ca be enforced under Section 18 of the Industrial Disputes Act 1947 as a settlement arrived at between the workers and the employers. The appropriate government may refer the dispute over a breach of contract to a labour court or to an Industrial Tribunal. In India the collective bargaining agreements have been concluded at three levels at plants levels, industry level and national level. A number of plant level agreements have been reached between management and union covering wages scales, hours of work, working conditions, welfare amenities, health and safety, etc. the best example of an industry level agreement is that of Ahmedabad Mill Owners Association and the Ahmedabad Textile Labour Association. Such agreements are to be found in the plantation industry in the South and in Assam and in the coal industry. The agreements at the national level are generally bipartite agreements. In India collective bargaining was not very popular till the end of the Second World War. However there had been a few instances where wages and working conditions were regulated by collective agreements even earlier. Collective bargaining was traditionally conducted at the plant level as in the case of T.I.S.C.O, India Aluminium Company and Bata Shoe Company. In some industrial units, detailed grievance procedures have been laid down by mutual agreements. The collective agreement signed between the T.I.S.C.O and Tata Workers Union in 1956 embodies with management. The Belur Report of 1958 which is a study by Subbiah Kannappan and his associates in the Indian Aluminium Company is one of the best-published case studies on collective bargaining in India. It throws light on the factors responsible for creating a favorable bargaining relationship between the management and the union. The Employers Federation in a study of collective bargaining in its member organization in 1970 classified collective agreements into three categories: (i) agreements which have been drawn in after direct negotiations between the parties and purely voluntary in character for the purpose of their implementation; (ii) agreements which combine the elements of voluntariness and compulsion i.e. those negotiated by the parties and registered before a conciliator as settlements; and (iii) agreements which acquire legal status because of successful discussions between the parties when the matters in disputes

were under reference to industrial tribunal court and could be considered sub judice, the agreements reached being recorded by the tribunals/courts as consent awards. The National Joint Consultative Committee for the steel industry also arrived at a number of agreements covering the wages structure and allied matters for different categories of employees. Similar such agreements also exits for the coal mining industry. Association and the Ahmedabad Textile Labour Association, which were signed on the June 5 laid down the procedure to be followed for the grant of bonus and the voluntary settlement of industrial disputes.
INTERNATIONAL LABOUR ORGANIZATION-

International labour standards are central to the activities of the International Labour Organization. Over the years, the governments of member States and their employers' and workers' organizations have built up a system of international standards in all workrelated matters, such as the abolition of forced labour, freedom of association, equality of treatment and opportunity, employment promotion and vocational training, social security, conditions of work, maternity protection, minimum age for entering the labour market, and protection of migrants and categories of workers such as seafarers. In June of each year, after considerable preparatory work, representatives of governments, and employers' and workers' organizations of all member countries meet in the International Labour Conference in Geneva, to adopt or revise those standards which will become international labour Conventions or Recommendations. These international instruments deal with people and their work. The Conventions are binding for countries which ratify them. These standards are subject to constant supervision by the ILO. Each member country agrees to present periodically to the International Labour Office a report on the measures taken to apply, in law and in practice, the Conventions which it has ratified. The government reports are examined by the Committee of Experts on the Application of Conventions and Recommendations, composed of some twenty independent, eminent figures in either the legal or social field and who are also specialists in labour matters. The Committee submits an annual report to the International Labour Conference, which is closely examined by a tripartite committee composed of government, employer and worker members. In parallel with this mechanism of regular supervision, procedures written into the ILO Constitution also contribute to observing the system of international labour standards. Employers' and workers' organizations can lodge representations with the International Labour Office on a member State's non-compliance with a Convention it has ratified. If the representation is judged receivable by the ILO Governing Body, it appoints a tripartite committee to examine the issue. This committee submits a report containing its conclusions and recommendations to the Governing Body.

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Moreover, any member country can lodge a complaint with the International Labour Office against another member country which, in its opinion, has not ensured in a satisfactory manner the implementation of a Convention which both of them have ratified. The Governing Body has the option to establish a Commission of Inquiry to examine the issue and present a report on the subject. This process may also be set in motion by the Governing Body itself or on complaint of a delegate to the Conference. The Commission of Inquiry formulates recommendations on measures to be taken, if necessary. The governments concerned then have three months to accept these recommendations. If they do not, they may submit the case to the International Court of Justice. If a member State does not comply with the recommendations of the Commission of Inquiry or with the decision of the International Court of Justice, within the stipulated time, the Governing Body may "recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith". The supervisory system of the ILO also includes a standing tripartite committee of the Governing Body responsible for examining complaints concerning freedom of association and the right to organize, rights which have a central place in the ILO Constitution. Since its creation in 1951, this committee has examined over 1,800 cases concerning both employers' and workers' organizations in countries all around the world. The supervisory mechanisms concerning the application of standards are extremely important. They ensure that the principles, once enunciated, are actually put into effect. In many cases, the regular supervisory procedure, based on the periodic examination of reports by the Committee of Experts and the Conference Committee, has proved to be effective. Measures taken at the national level to put the Conventions into force are a crucial factor. International labour standards play an important role in the elaboration of national legislation, even in those countries which have not ratified a given Convention. Governments of member countries often refer to the ILO Conventions in questions concerning the adoption of labour laws or modifying existing legislation. The provisions of the standards are used as a basis for establishing national laws. International Labour Conventions thus have an impact which goes well beyond the legal obligations which they engender. The Recommendations are not subject to ratification. They therefore do not carry the legal requirements of Conventions. They are often adopted at the same time as Conventions dealing with the same subject, which they complement in more detail. Recommendations are aimed at member countries and their goal is to stimulate and guide national programmes in given areas. They have also left their mark on law and practice in countries around the world.

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The standard-setting function is the strength of the International Labour Organization. It draws its uniqueness from the constant search for a consensus between public authorities and the principal interested parties, namely employers and workers. The entire process of international labour standards, from their elaboration to the supervision of their application and their promotion is motivated by tripartism, which is a peaceful means of conducting work relations involving the full participation of employers and workers in the decisions which affect them. Governments and employers' and workers' organizations are thus partners in the framework of this unique international organization, the ILO, whose objective is to improve the lot of all people in their work. Standards are the principal means which it puts at their disposal for bringing this about. ILO Conventions Specific features of Conventions Conventions are instruments designed to create international obligations for the states which ratify them. In addition to its Conventions, the ILO has adopted a number of Recommendations, which are different from the point of view of their legal character. Recommendations do not create obligations, but rather provide guidelines for action. Conventions have a number of specific features, which can be grouped under four main ideas: 1. Conventions are adopted within an institutional framework. Thus, the adoption of Conventions does not follow the type of diplomatic negotiation which is usual in the case of treaties. They are rather prepared in discussions in an assembly that has many points in common with parliamentary assemblies. This also partly explains the fact that unanimity is not necessary for the adoption of Conventions. For the same reason, only the International Court of Justice can interpret the Conventions. The revision of Conventions is made only by the General Conference, which is the legislative body of the Organization. 2. The International Labour Conference, which adopts Conventions, is constituted by representatives of governments, employers and workers, each delegate being entitled to vote individually. 3. A two-thirds majority is sufficient for the adoption of a Convention, and governments should submit the Convention to their competent authorities for ratification, i.e. as a rule to their parliaments. Also, the governments have the obligation, when requested, to supply reports on various issues related to Conventions. (See overview of supervisory system) 4. Some Conventions include flexibility clauses, because they are generally directed towards countries with very different economic, social and political conditions, as well as different constitutional and legal systems. The flexibility clauses comprise options regarding the following:

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A. Obligations: possibility of choosing, at the time of ratification, by means of formal declaration, the extent of the obligations undertaken. (for .e.g. Social Security Convention, No. 102) B. Scope: Governments may decide for themselves, subject to certain consultations, what the scope of the Convention shall be (for. e.g. Conventions of minimum wage fixing machinery, Nos. 26 and 29), or they may be permitted to exclude certain categories of persons or undertakings (for e.g. Conventions on night work, Nos.41 and 89), or the definitions of persons covered may be based on a specified percentage of the wage earners or population of the country concerned (for e.g. many social security Conventions), or exceptions are allowed for a certain part of the country (Various types of Conventions, for e.g. Nos. 24, 25, 62, 63, 77, 78, 81, 88, 94, 95, 96 etc.), or governments may themselves define a certain branch, industry or sector (for e.g. Weekly rest Convention, No. 106) C. Methods: State which ratifies a Convention shall take such action as may be necessary to make effective the provisions of such Convention, custom, administrative measures or, in certain circumstances, collective agreements. Core Conventions While ILO Conventions are not ranked in terms of their order of importance, there is an underlying hierarchy, which can be discerned. In the first category are Conventions dealing with freedom of association and collective bargaining (Conventions Nos. 87 and 89), forced labour (Conventions Nos. 29 and 105), non-discrimination in employment (Conventions Nos. 100 and 111) and child labour (Convention 138). These core Conventions were identified and given prominence in the Conclusion of the World Summit for Social Development in 1995. In the second category are technical standards, which establish norms to improve working conditions. Freedom of Association and Protection of the Right to Organize Convention, 1948) Establishes the right of all workers and employers to form and join organizations of their own choosing without prior authorization, and lays down a series of guarantees for the free functioning of organizations without interference by the public authorities. In December 1997, 121 countries had ratified this convention. Right to Organize and Collective Bargaining Convention, 1949 Provides for protection against anti-union discrimination, for protection of workers' and employers' organizations against acts of interference by each other, and for measures to promote collective bargaining. In December 1997, 137 countries had ratified this convention.

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Forced Labour Convention, 1930 Requires the suppression of forced or compulsory labour in all its forms. Certain exceptions are permitted, such as military service, convict labour properly supervised, emergencies such as wars, fires, earthquakes, etc. In December 1997, 145 countries had ratified this convention. Abolition of Forced Labour Convention, 1957 Prohibits the use of any form of forced or compulsory labour as a means of political coercion or education, punishment for the expression of political or ideological views, workforce mobilization, labour discipline, punishment for participation in strikes, or discrimination. In December 1997, 130 countries had ratified this convention. Discrimination (Employment and Occupation) Convention, 1958 Calls for a national policy to eliminate discrimination in access to employment, training and working conditions, on grounds of race, color, sex, religion, political opinion, national extraction or social origin and to promote equality of opportunity and treatment. In December 1997, 129 countries had ratified this convention. Equal Remuneration Convention, 1951 Calls for equal pay for men and women for work of equal value. In December 1997, 135 countries had ratified this convention. Minimum Age Convention, 1973 Aims at the abolition of child labour, stipulating that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling, and in any case not less than 15 years (14 for developing countries). In December 1997, 59 countries had ratified this convention. Conclusion: To promote Collective bargaining in our country what is needed is firstly, a bold realistic Government approach with full commitment to it and secondly, a favorable environment to promote competence on the part of the employers and trade union to negotiate with each other, Collective bargaining has made considerable headway in our country which is recently characterized by signing of agreements, settlements between the parties. It has resulted in considerable signing economic gains to both blue collared and white collared workers.

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Points To RememberMeaning and Concept: Collective bargaining is the procedure by which am employer or employers and a group of employees agree upon the conditions of work. Collective bargaining is essentially a institutional mechanism for: fixing up the price of labour service; establishing a system of industrial jurisprudence; and include freedom of association for employees to organize into trade unions which are independent both of their employers and of the state employer recognition, bargaining in good faith, and mutual acceptance of the agreement entered into by employers and employees.

Trade Union: section 2(h) Trade union means any combination, whether temporary or permanent formed primarily for the purpose of a) regulating the relation: (1) between workmen and employers or (2) between workmen and workmen, or (3) between employers and employers; Lastly the definition not only recognizes the combination of workers but any combination of employers will also come within the scope of the term trade union,

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. Functions:

John Dunlop and Derek Book have listed five important functions of collective bargaining: establishing the rules of the workplace determining the form of compensation; standardizing compensation; determining priorities of each side; and redesigning the machinery of bargaining fixing up the price of labour services; establishing a system of Industrial jurisprudence; and providing a machinery for the representation of individual and group interests. Type of Bargaining: procedural and substantive. The three different kinds of relations that are regulated by substantive rules are :(i) economic or market relationship; (ii) government relationship; and (iii) work place relationship

The success of Collective Bargaining depends upon the following factors: One of the principle for establishing and promoting Collective bargaining is to give voluntary recognition to trade union as one of the contracting parties.. There should be willingness to give and take by both the parties and genuine interest on the part of both to reach an agreement Both the parties engage in unfair practices and must have healthy regard for their mutual rights and responsibilities. Trust and openness are very essential for meaningful discussion. It is essential on the part of the representation of employers and union to hold meetings at regular intervals to consider matters of common interest. Effective collective bargaining presupposes an intelligent understanding of management and needs, aspirations, objectives and problems of the other party. The effectiveness of collective bargaining cannot be attained without maturity of leadership on the bargaining theory. The increasingly technical of the collective bargaining agenda requires expert professional advice, experience and skill on the part of the negotiators. For proper negotiations, it is necessary to know the persons empowered to act for the company and the union respectively.

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Steps to improve the process of collective bargaining are: Begin the process of negotiations with proposals, not demands. Avoid taking public positions for or against certain proposals in advance of negotiations. Avoid taking strike votes before the process of negotiation begins. Give negotiation proper authority to bargain. Avoid unnecessary delays in beginning negotiations and in conducting them. Insist on offering facts and arguments. Make plenty of proposals to enhance the opportunities to find compromises. Be prepared to compromise. Be prepared to get results gradually. Preserve good manners and keep discussion focused on relevant issues. Be prepared to stand for a long and hard strike or lock out ( as the case may be ) in order to force a settlement justified by facts and arguments.

Question for Test1. Write Short notes on a) Object of collective Bargaining b) Advantages and Disadvantages of Collective Bargaining c) Role of sate in Collective Bargaining d) Appropriate Government 2. Write a note on International Labor Organization? 3. Write a note on International Labor conventions?

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