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COLLECTIVE
BARGAINING
Presented by-
Ayisha Kowsar A
MBA
Collective bargaining
What is
Collective
Bargaining?
Definition
• Definition 1
• It is a method by which trade unions protected & improved the
working conditions of the employees .
•
• _ sydney & web
• Definition 2
• Collective bargaining is a procedure by Which employers & group
of employees agree upon the conditions of work
• _ encyclopedia
Features:
 . It is a collective process.
The representatives of both workers and
management participate in bargaining.
 It is a continuous process.
It establishes regular and stable relationship
between the parties involved. It involves not
only the negotiation of the contract, but also
the administration of the contract.
 It is a flexible and dynamic process.
The parties have to adopt a flexible attitude
through the process of bargaining.
 It is a two party process.
In this two parties are discussed on a problem.
And finally coming to a solution.
Importance to society
• Collective bargaining leads to
industrial peace in the country.
• Reduces the conflicts.
• Reduces the strikes & lockout of an
organisation.
• It helps for improving working
conditions.
• Proper wages are provided to the
employees.
• It helps in maintaining the good
indutsrial relations
Importance to employers
It becomes easier for the management to resolve
issues at the bargaining level rather than taking
up complaints of individual workers.
Collective bargaining tends to promote a sense of
job security among employees and thereby tends
to reduce the cost of labor turnover to
management.
Collective bargaining opens up the channel of
communication between the workers and the
management and increases worker participation
in decision making.
Collective bargaining plays a vital role in settling
and preventing industrial disputes.
Importance to employees
Collective bargaining develops a sense of self respect
and responsibility among the employees.
It increases the strength of the workforce, thereby,
increasing their bargaining capacity as a group.
Collective bargaining increases the morale and
productivity of employees.
It restricts management’s freedom for arbitrary
action against the employees..
The workers feel motivated as they can approach the
management on various matters and bargain for
higher benefits.
It helps in securing a prompt and fair settlement of
grievances.
It provides a flexible means for the adjustment of
wages and employment conditions to economic and
technological changes in the industry, as a result
of which the chances for conflicts are reduced.
Impass
e
Collective Bargaining
Process
• In many companies, agreements have a fixed
time scale and a collective bargaining process
will review the procedural agreement when
negotiations take place on pay and conditions
of employment.
(1) Prepare
• This phase involves composition of a negotiation
team.
• The negotiation team should consist of
representatives of both the parties with adequate
knowledge and skills for negotiation.
• In this phase both the employer’s representatives
and the union examine their own situation in order
to develop the issues that they believe will be most
important.
• A correct understanding of the main
issues to be covered and intimate
knowledge of operations, working
conditions production norms and
other relevant conditions is
required.
(2) Discuss
• The parties decide the
ground rules that will guide
the negotiations.
• An environment of mutual
trust and understanding is
also created so that the
collective bargaining
agreement would be
reached.
(3) Propose
• It involves the initial opening
statements and the possible options
that exist to resolve them. In a word,
this phase could be described as
‘brainstorming’. The exchange of
messages takes place and opinion of
both the parties is sought.
(4) 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.
(5)Settlement
• Once the parties are through with the
bargaining process, a consensual
agreement is reached upon wherein both
the parties agree to a common decision
regarding the problem or the issue.
• This stage is described as consisting of
effective joint implementation of the
agreement through shared visions,
strategic planning and negotiated
change.
Levels of collective
bargaining
Economy-wide (national)
• Bargaining is a bipartite or
tripartite form of negotiation
between union confederations,
central employer associations
and government agencies.
• It aims at providing a floor
for lower-level bargaining on
the terms of employment,
often taking into account
macroeconomic goals.
(b) Sectoral bargaining:
• It aims at the standardization of the terms of
employment in one industry, includes a range of
bargaining patterns.
• Bargaining may be either broadly or narrowly
defined in terms of the industrial activities
covered and may be either split up according to
territorial subunits or conducted nationally.
• (c) Enterprise Level:
• It involves the company and/or
establishment.
• It emphasizes the point that bargaining
levels need not be mutually exclusive.
Problems of Collective Bargaining
I. Due to the dominance of outsiders in trade unionism in
the country, there is multiplicity of unions which are
weak and unstable, and do not represent majority of
the employees. Moreover, there are inter-union
rivalries, which further hinder the process of
collective bargaining between the labor and the
management.
II. Trade unions are having political affiliations, they
continue to be dominated by politicians, who use the
unions and their members to meet their political ends.
III. There is a lack of definite procedure to determine
which union is to be recognized to serve as a bargaining
agent on behalf of the workers
IV. There has been very close association between the
trade unions and political parties. As a result, trade
union movement has leaned towards political
orientations rather than collective bargaining.
Individual Bargaining
• Employment at will –
unwritten contract
created when
employee agrees to
work, but no
agreement exists as
to how long parties
expect employment
to last
Individual Bargaining
(Continued)
• Seniority means little
• Concept of supply and demand
• Employment at will
Collective Bargaining
Fundamental
to
management-
organized
labor relations
in United
States
Forms of Bargaining
Structures
• One company dealing
with a single union
• Several companies
dealing with single
union
• Several unions dealing
with a single company
• Several companies
dealing with several
unions
Union/Management
Relationships
• Conflict
• Armed truce
• Power bargaining
• Accommodation
• Cooperation
• Collusion
Collective Bargaining
Process
• Preparing for negotiation
• Bargaining issues
• Negotiation
• Negotiation breakdown
• Reaching the agreement
• Ratifying the agreement
• Administration of the agreement
Psychological Aspects of
Collective Bargaining
• Difficult because
process is an
adversarial situation
and must be dealt
with as such
• Psychological
aspects vitally
important
Preparing for Negotiations
• The Borg-Warner Doctrine, derived from
the Supreme Court decision in the case
of NLRB v. Wooster Division of Borg-
Warner Corporation (1958), empowered
the NLRB to categorize bargaining issues
as:
• Mandatory - wages, hours, etc.
• Permissive – may be discussed, i.e.,
representation of the union on the
company Board of Directors. Also
referred to as voluntary bargaining
• Prohibited - statutorily outlawed, i.e.,
closed shop or proposing work rules that
would violate the Civil Rights Act
Management Rights
Section that is
often (but not
always) written
into labor
agreement which
spells out rights
of management
Compensation and
Benefits
• Wage rate schedule
• Overtime and premium
pay
• Jury pay
• Layoff or severance
pay
• Holidays
• Vacation
• Family care
Grievance Procedure
• Means by which employees can voice
dissatisfaction with specific
management actions
• Procedures for disciplinary action
by management
• Termination procedure that must be
followed
Employee Security
• Seniority
• Grievance handling
procedures; typical model:
– Complaint of ULP must be
initiated within a prescribed time
period
– Normally filed with front-line
supervisor, who meets with Ee to
attempt to resolve
– IF unacceptable, union has
prescribed time frame to appeal
– Same basic process, escalated to
higher levels of union/mgmt
– IF unacceptable, then goes to
officer level
– IF unacceptable, then arbitration
per labor contract terms
Job-Related Factors
Many of rules
governing
employee
actions on job
are included
Negotiating the
Agreement
• Begins with each side
presenting initial demands
• Suggests a certain amount
of give and take
• Each side does not expect to
obtain all demands presented
Breakdowns in
Negotiations
• Third party
intervention
• Union strategies for
overcoming
breakdowns
• Management
strategies for
overcoming
breakdowns
Third Party Intervention
• Mediation - neutral
party comes in when
impasse has occurred
• Arbitration – impartial
third party makes
binding decision to
settle dispute
• Sources of mediators
and arbitrators
– Federal Mediation and
Conciliation Service
(FMCS), established
under Taft-Hartley
– American Arbitration
Association (AAA)
Collective Bargaining for
Federal Employees
• Executive Order 10988 (1962)
established basic framework of
collective bargaining in federal
agencies
• Later transferred to Title VII of
the Civil Service Reform Act of
1978
– Established Federal Labor
Relations Authority (FLRA),
modeled after the NLRB, to
manage the process of negotiation
with unions that represent federal
Ee’s
• Title V of the U.S. Code, which
dictates personnel rules for
federal employees, narrows the
EO somewhat by taking wages off
the table, except for U.S. Postal
Service workers
Collective bargaining

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Collective bargaining

  • 4. Definition • Definition 1 • It is a method by which trade unions protected & improved the working conditions of the employees . • • _ sydney & web • Definition 2 • Collective bargaining is a procedure by Which employers & group of employees agree upon the conditions of work • _ encyclopedia
  • 5. Features:  . It is a collective process. The representatives of both workers and management participate in bargaining.  It is a continuous process. It establishes regular and stable relationship between the parties involved. It involves not only the negotiation of the contract, but also the administration of the contract.  It is a flexible and dynamic process. The parties have to adopt a flexible attitude through the process of bargaining.  It is a two party process. In this two parties are discussed on a problem. And finally coming to a solution.
  • 6. Importance to society • Collective bargaining leads to industrial peace in the country. • Reduces the conflicts. • Reduces the strikes & lockout of an organisation. • It helps for improving working conditions. • Proper wages are provided to the employees. • It helps in maintaining the good indutsrial relations
  • 7. Importance to employers It becomes easier for the management to resolve issues at the bargaining level rather than taking up complaints of individual workers. Collective bargaining tends to promote a sense of job security among employees and thereby tends to reduce the cost of labor turnover to management. Collective bargaining opens up the channel of communication between the workers and the management and increases worker participation in decision making. Collective bargaining plays a vital role in settling and preventing industrial disputes.
  • 8. Importance to employees Collective bargaining develops a sense of self respect and responsibility among the employees. It increases the strength of the workforce, thereby, increasing their bargaining capacity as a group. Collective bargaining increases the morale and productivity of employees. It restricts management’s freedom for arbitrary action against the employees.. The workers feel motivated as they can approach the management on various matters and bargain for higher benefits. It helps in securing a prompt and fair settlement of grievances. It provides a flexible means for the adjustment of wages and employment conditions to economic and technological changes in the industry, as a result of which the chances for conflicts are reduced. Impass e
  • 9. Collective Bargaining Process • In many companies, agreements have a fixed time scale and a collective bargaining process will review the procedural agreement when negotiations take place on pay and conditions of employment.
  • 10. (1) Prepare • This phase involves composition of a negotiation team. • The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. • In this phase both the employer’s representatives and the union examine their own situation in order to develop the issues that they believe will be most important. • A correct understanding of the main issues to be covered and intimate knowledge of operations, working conditions production norms and other relevant conditions is required.
  • 11. (2) Discuss • The parties decide the ground rules that will guide the negotiations. • An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.
  • 12. (3) Propose • It involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as ‘brainstorming’. The exchange of messages takes place and opinion of both the parties is sought.
  • 13. (4) 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.
  • 14. (5)Settlement • Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. • This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.
  • 16. Economy-wide (national) • Bargaining is a bipartite or tripartite form of negotiation between union confederations, central employer associations and government agencies. • It aims at providing a floor for lower-level bargaining on the terms of employment, often taking into account macroeconomic goals.
  • 17. (b) Sectoral bargaining: • It aims at the standardization of the terms of employment in one industry, includes a range of bargaining patterns. • Bargaining may be either broadly or narrowly defined in terms of the industrial activities covered and may be either split up according to territorial subunits or conducted nationally. • (c) Enterprise Level: • It involves the company and/or establishment. • It emphasizes the point that bargaining levels need not be mutually exclusive.
  • 18. Problems of Collective Bargaining I. Due to the dominance of outsiders in trade unionism in the country, there is multiplicity of unions which are weak and unstable, and do not represent majority of the employees. Moreover, there are inter-union rivalries, which further hinder the process of collective bargaining between the labor and the management. II. Trade unions are having political affiliations, they continue to be dominated by politicians, who use the unions and their members to meet their political ends. III. There is a lack of definite procedure to determine which union is to be recognized to serve as a bargaining agent on behalf of the workers IV. There has been very close association between the trade unions and political parties. As a result, trade union movement has leaned towards political orientations rather than collective bargaining.
  • 19. Individual Bargaining • Employment at will – unwritten contract created when employee agrees to work, but no agreement exists as to how long parties expect employment to last
  • 20. Individual Bargaining (Continued) • Seniority means little • Concept of supply and demand • Employment at will
  • 22. Forms of Bargaining Structures • One company dealing with a single union • Several companies dealing with single union • Several unions dealing with a single company • Several companies dealing with several unions
  • 23. Union/Management Relationships • Conflict • Armed truce • Power bargaining • Accommodation • Cooperation • Collusion
  • 24. Collective Bargaining Process • Preparing for negotiation • Bargaining issues • Negotiation • Negotiation breakdown • Reaching the agreement • Ratifying the agreement • Administration of the agreement
  • 25. Psychological Aspects of Collective Bargaining • Difficult because process is an adversarial situation and must be dealt with as such • Psychological aspects vitally important
  • 26. Preparing for Negotiations • The Borg-Warner Doctrine, derived from the Supreme Court decision in the case of NLRB v. Wooster Division of Borg- Warner Corporation (1958), empowered the NLRB to categorize bargaining issues as: • Mandatory - wages, hours, etc. • Permissive – may be discussed, i.e., representation of the union on the company Board of Directors. Also referred to as voluntary bargaining • Prohibited - statutorily outlawed, i.e., closed shop or proposing work rules that would violate the Civil Rights Act
  • 27. Management Rights Section that is often (but not always) written into labor agreement which spells out rights of management
  • 28. Compensation and Benefits • Wage rate schedule • Overtime and premium pay • Jury pay • Layoff or severance pay • Holidays • Vacation • Family care
  • 29. Grievance Procedure • Means by which employees can voice dissatisfaction with specific management actions • Procedures for disciplinary action by management • Termination procedure that must be followed
  • 30. Employee Security • Seniority • Grievance handling procedures; typical model: – Complaint of ULP must be initiated within a prescribed time period – Normally filed with front-line supervisor, who meets with Ee to attempt to resolve – IF unacceptable, union has prescribed time frame to appeal – Same basic process, escalated to higher levels of union/mgmt – IF unacceptable, then goes to officer level – IF unacceptable, then arbitration per labor contract terms
  • 31. Job-Related Factors Many of rules governing employee actions on job are included
  • 32. Negotiating the Agreement • Begins with each side presenting initial demands • Suggests a certain amount of give and take • Each side does not expect to obtain all demands presented
  • 33. Breakdowns in Negotiations • Third party intervention • Union strategies for overcoming breakdowns • Management strategies for overcoming breakdowns
  • 34. Third Party Intervention • Mediation - neutral party comes in when impasse has occurred • Arbitration – impartial third party makes binding decision to settle dispute • Sources of mediators and arbitrators – Federal Mediation and Conciliation Service (FMCS), established under Taft-Hartley – American Arbitration Association (AAA)
  • 35. Collective Bargaining for Federal Employees • Executive Order 10988 (1962) established basic framework of collective bargaining in federal agencies • Later transferred to Title VII of the Civil Service Reform Act of 1978 – Established Federal Labor Relations Authority (FLRA), modeled after the NLRB, to manage the process of negotiation with unions that represent federal Ee’s • Title V of the U.S. Code, which dictates personnel rules for federal employees, narrows the EO somewhat by taking wages off the table, except for U.S. Postal Service workers