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DEFINITION
It is the bilateral approach of labour management negotiation. It is the process which
an employer and an employee negotiate an individual contract of employment,
regulating the terms and conditions of the employment.
ADVANTAGES
It can provide the most individualised solution of meeting the needs of the
parties.
It enjoys relatively low administrative costs.
It express the view and opinion of one person and thus there is no
compromising.
DISADVANTAGES
The manager will not take a lot of notice of just one persons view or
opinions and therefore nothing will happen.
Lot of chance for influence on company decision and policies.
Basically individual bargaining is same as that of collective bargaining.
It gives much strength to the employer than as collective bargaining. It is the
conditions that are to be fair and reasonable, which employees will accept and
employers will give in contract of service
COLLECTIVE BARGAINING
INTRODUCTION
There are three types of approaches to labour management negotiations; unilateral,
bipartite and tripartite. In the unilateral approach the employer alone decides the term
and conditions of employment. In the bipartite, the employer negotiates with his
workers. This is known as collective bargaining.
MEANING
The phrase collective bargaining consists of two words; collective-implies group
action through its representatives and bargaining - implies negotiation. It is called
collective because both the employer and the employees act as a group rather than
individual. It is described as bargaining because the method of reaching an agreement
involves proposals and counter-proposals, offers and counter offers.
DEFINITION
Collective Bargaining is 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}
It is flexible and mobile, and not fixed or static. It has fluidity and ample scope
for compromise for a mutual give and take, before the final agreement is
reached or the final settlement is arrived at.
It is a two party process. It is mutual give and take rather than a leave it or take
it method of arriving at the settlement of a dispute. Both parties are involved in
it
It is a continuous process, which provides a mechanism for continuing and
organised relationship management and a trade union.
It is dynamic and not static because it is relatively new concept and is growing;
expanding and changing.In the past it used to be emotional, turbulent and
sentimental; but now it is scientific, factual and systematic.
It is an industrial democracy at work.
PRINCIPLES
Principle for the management
a. The management must develop and consistently follow a realistic labour
policy, which should be accepted and carried out by its representatives.
b. The management must grant recognisation to the trade union or
association without any reservations and accept it as a constructive force
in the organisations
c. The management should not assure the employee goodwill always
exists.it should periodically examine the rules and regulations to
determine the attitudes and degree of comfort of its employees.
d. The management should extend fair treatment to the trade union in order
to make it a responsible and conservative body.
e. The management should not wait for the trade union to bring employee
grievances to its notice.
f. The management should deal only with the one trade union or
association in the organization.
g. While weighing economic consequences of collective in the
management should place greater emphasis on social consideration.
Principles for the trade union
a. Trade union leaders should not imagine that their only function is to
secure higher wages, shorter hours of work and better working
conditions for their members
b. Trade union leaders should assist in the removal of such restrictive rules
and regulation that they are likely to increase costs and prices and prices
and reduces the amount that can be paid out as wages
c. Trade union leaders should appreciate the economic implication of
collective bargaining
d. Trade union leaders should resort to strike when all other methods of the
settlement dispute have failed
Principles for the both union and management
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1947
1960
ISSUES
Absence of procedure for reporting unsafe or poor patient care.
Quality of patient care is number one issue.
Short staffing and improper skills mix to correspond to patient acuity.
Floating without orientation and training.
Use of temporary personnel and unlicenced assistive personnel.
Lack of respect for employee.
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Lack of autonomy.
Lack of promotional opportunities.
Lack of professional practice committee.
Lack of staff development continuing education.
Lack of child care and elder care.
Poor differential for shift work.
Low wages and limited benefits.
No pension portability.
Low morale.
I.
Distributive Bargaining:
In this type of activity one partys gain is the other partys loss.
When there are economic issues in dispute, then type of activity predominate in
the bargaining process. It involves bargain persistently over the distribution of
Integrative bargaining.
This is negotiation of an issue on which both parties may gain, or
at least neither one loses. For e.g. training of employees for particular work and
programe;special evaluation system for performance approval
III.
Attitudinal structuring.
The process of collective bargaining helps in shaping such
attitudes as trust or distrust, friendliness or hostility between the parties.
IV.
ii.
iii.
iv.
v.
Parties know that the decisions are their own and are not imposed because of
the direct involvement of both the parties.
CONDITIONS ESSENTIAL FOR SUCCESSFUL COLLECTIVE BARGAINING.
For collective bargaining to be successfully there are certain essential prerequisites. These are described below:
A favourable political climate.
If collective bargaining is to be fully successful, a favourable political
climate must exist, the govt and public opinion must be convinced that
collective agreements are the best method of regulating certain conditions of
employment
Collective bargaining has often been practiced in countries where the
authorities have been hostile to it and has been hampered by obstacles and
restrictions; in other countries the authorities have merely tolerated it without
giving any positive encouragement
By contrast, governments many countries actively encourage collective
bargaining, for e.g., by removing any legislative restrictions which may hamper
it and by facilitating bargaining through the provision of facilities .
Freedom of association.
It is essential for collective bargaining. Where such freedom is denied
collective bargaining is impracticable and where it is restricted collective
bargaining also restricted.
Stability of workers organisation.
Workers may have freedom of association but unless they may use of that
right and form and maintain stable unicorns, collective bargaining will be in
effective if an organisation is weak, employers can say that it does not represent
the workers and will refuse to recognise it or negotiate with it. Before entering
in to agreements with a trade union, employers will want a reasonable
assurance that it will be able to honour its under taking, and this implies both
that the union can exercise authority over its member and that its membership
is sufficiently stable.
Rivalry between unions is often a cause of instability in workers
organisation.
Recognition of trade union.
Even assuming that freedom of association exists and that the workers have
established stable organisation, collective bargaining cannot begin until
employers recognise the organisation for that purpose.
Willingness to Give and Take.
The art of bargaining is for each to probe the other to find out its strength
and weakness. On some points one side may be unwilling to depart much from
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its starting position where as on others its attitude may be more flexible. In
these circumstances the two sides are considered give and take
Avoidance of unfair labour practices.
Unfair practices in collective bargaining are sometimes resorted to both by
employers and by trade unions. Collective bargaining is a process to reach a
certain goal and it is therefore important to make sure that it is really a common
goal.
That the management has the right to manage and the union has the right
organise itself and fight for justice must be fully recognised and accepted by
both sides
HOW COLLECTIVE BARGINING WORKS?
Before the bargaining conference begins, each side fixes the composition negotiating
team, prepares for the negotiation and work out its strategy and tactics.
1) NEGOTIATING TEAM.
On the company side the negotiating team may consist of the personnel
manager, production manager and the company lawyer.
On the workers side, negotiating team consist of the office bearers of that
union.
Qualities and attributes which members of negotiating team must possess:
They must have the right attitudes.
They must possess skill to analyse problems.
They must have an intimate knowledge of
production norms.
They must be skilled in adopting tactics.
They must have credibility
2) PREPRATION FOR NEGOTIATION.
Records situation which indicate the need for revision of any contract clause.
Study of the grievance records
Study of contracts of all other comparable companies.
Study wage picture of companies in ones one community and industry.
Information about the union, its leader ship, finance and demands.
hould prepare a list of resource people in the company.
PRINCIPLES OF NEGOTIATION
Wages.
Hours of work, overtime and rates of pay for overtime.
Annual holidays or rate of pay for holidays.
Sick leave or leave of absence for other reasons.
Seniority rights.
Dismissal for disciplinary offence.
Number and training for apprentices.
Establishment of fair products of standards.
Prohibition of strikes and lockouts during the period covered by agreement.
Duration of the agreement.
Procedure for negotiating for a new agreement.
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CONCLUSION
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