Collective bargaining

... Negotiation.... Collective bargaining...... Agreement....

1. Collective bargaining Presented by Susy Mary Thomas II year MSc(N) BBCON

2. Introduction The concept of collective bargaining was introduced very late in India, as trade unions were formed only in the 20 th century. The concept of collective bargaining attained significance only after 1962. The term collective in collective bargaining is used because both the employer and employees come together and put a collective effort to establish mutually agreeable terms and conditions for employment.

3. The term "Collective Bargaining" was first used in 1891 by  Beatrice Webb, a founder of the field of industrial relations in Britain. It refers to the sort of collective negotiations and agreements that had existed since the rise of trade unions during the 18th century.

4. DEFINITION Collective bargaining is an agreement between single employer or an association of employers on one hand and a labor union on the other which regulate the terms and conditions the employment. -Ludwig Teller-

5. Collective bargaining refers to a process by which employers on the one hand and representatives of the employees on the other attempt to arrive at agreements covering the conditions under which employees will contribute and be compensated for their services -Michael J Jucius-

6. OBJECTIVES To provide an opportunity to the employees/ workers, to voice their problems on issues related to their job. To arrive an agreement on wages and other service conditions of their job. To maintain employee- employer relation bilaterally.

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

8. CHARACTERISTICS

9. 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.

10. 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.

11. 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.

12. 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.

13. PROCESS OF COLLECTIVE BARGAINING

14. 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.

15. The first thing to be done is to determine whether there is actually any reason to negotiate at all. 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.

16. Discuss: Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.

17. Propose: This phase 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.

18. 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.

19. Settlement: It is an important phase in which both the parties come to a common consensus and agreement and negotiates. Mutual agreement: when both the parties are satisfied, the agreement is drafted in a clear, concise and simple language. Both the parties read the draft of terms and conditions and sign the agreement.

20. Enforcing agreement: for better effectiveness, the agreement is executed immediately and collective bargaining comes to an end process.

21. TYPES OF COLLECTIVE BARGAINING According to Fosson J A, there are four types of collective bargaining;

22. Distributive /Conjunctive Economic issue like wages, salaries and bonus are discussed. One party’s gain is another party’s loss More competitive

23. Integrative/ Cooperative Both the parties may gain , or at least neither party loses It tends to be more cooperative Both the parties are typing to make more of something

24. Productivity Bargaining Substantial benefits based on productivity standards management control over workplace relations .

25. Composite Bargaining wages with equity

26. IMPORTANCE 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.

27. Collective bargaining increases the morale and productivity of employees. It restricts management’s freedom for arbitrary action against the employees. Moreover, unilateral actions by the employer are also discouraged. Effective collective bargaining machinery strengthens the trade unions movement.

28. 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.

29. 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.

30. Importance to Society Collective bargaining leads to industrial peace in the country It results in establishment of a harmonious industrial climate which supports which helps the pace of a nation’s efforts towards economic and social development since the obstacles to such a development can be reduced considerably.

31. The discrimination and exploitation of workers is constantly being checked. It provides a method or the regulation of the conditions of employment of those who are directly concerned about them.

32. LEVELS OF COLLECTIVE BARGAINING

33. 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.

34. Sectoral bargaining, which 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.

35. The third bargaining level involves the company and/or establishment. As a supplementary type of bargaining, it emphasizes the point that bargaining levels need not be mutually exclusive.

36. HEALTH CARE LABOUR LAWS   Image created by Walter Crane to celebrate May Day (1 May), 1889. The image depicts workers from the five populated continents (Africa, Asia, Americas, Australia and Europe) in unity underneath an angel representing freedom, fraternity and equality.

37. DEFINITION OF LAWS Law is a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or power acts.

38. HEALTH CARE LAWS Health care law is the federal, state, and local law, rules, regulations &other jurisprudence affecting the health care industry and their application to health care patients, providers and payors , and vendors to the health care industry, including without limitation the relationships among providers, payors and vendors to the health care industry and its patients; delivery of health care services; all with an emphasis on operations, regulatory and transactional legal issues.

39. INDIAN HEALTH CARE IMPROVEMENT ACT,1976 In 1976, the Indian Health Care Improvement Act amended the Social Security Act to permit reimbursement by Medicare and Medicaid for services provided to American Indians and Alaska Natives in Indian Health Service (IHS) and tribal health care facilities. 

40. LABOUR LAWS Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement 1. The Employees’ State Insurance Act, 1948 2. The Employees’ Provident Fund and Miscellaneous Provisions Act,1952 3. The Dock Workers (Safety, Health and Welfare) Act, 1986

41. 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare ( Cess ) Act, 1976. 6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976 7. The Mica Mines Labour Welfare Fund Act, 1946 8. The Beedi Workers Welfare Cess Act, 1976

42. 9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 10. The Cine Workers Welfare ( Cess ) Act, 1981 11. The Beedi Workers Welfare Fund Act, 1976 12. The Cine Workers Welfare Fund Act, 1981

43. (b) Labour laws enacted by Central Government and enforced both by Central and State Governments 13. The Child Labour (Prohibition and Regulation) Act, 1986. 14. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996. 15. The Contract Labour (Regulation and Abolition) Act, 1970. 16. The Equal Remuneration Act, 1976.

44. 17. The Industrial Disputes Act, 1947. 18. The Industrial Employment (Standing Orders) Act, 1946. 19. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

45. 21. The Maternity Benefit Act, 1961 22. The Minimum Wages Act, 1948 23. The Payment of Bonus Act, 1965 24. The Payment of Gratuity Act, 1972 25. The Payment of Wages Act, 1936 26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

46. 27. The Building and Other Construction Workers Cess Act, 1996 28. The Apprentices Act, 1961 29. Unorganized Workers Social Security Act, 2008 30. Working Journalists (Fixation of Rates of Wages Act, 1958 31. Merchant Shipping Act, 1958 32. Sales Promotion Employees Act, 1976

47. 33. Dangerous Machines (Regulation) Act, 1983 34. Dock Workers (Regulation of Employment) Act, 1948 35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 36. Private Security Agencies (Regulation) Act, 2005

48. (c) Labour laws enacted by Central Government and enforced by the State Governments 37. The Employers’ Liability Act, 1938 38. The Factories Act, 1948 39. The Motor Transport Workers Act, 1961 40. The Personal Injuries (Compensation Insurance) Act, 1963

49. 41. The Personal Injuries (Emergency Provisions) Act, 1962 42. The Plantation Labour Act, 1951 43. The Sales Promotion Employees (Conditions of Service) Act, 1976 44. The Trade Unions Act, 1926 45. The Weekly Holidays Act, 1942 46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

50. 47. The Workmen’s Compensation Act, 1923 48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 49. The Children (Pledging of Labour) Act 1938 50. The Bonded Labour System (Abolition) Act, 1976 51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

51. EMPLOYEES UNIONS Employees associations and unions are the part of human resource administration. Unions and associations are nothing but the organizations of employees formed to promote and protect their interests by collective action .

52. Trade Union It is continuous association of wage earners for the purpose maintaining and improving the condition of their working lives. -Webb, Sidney and Beatrice- A trade union is a formal association of workers that promotes and protects the interest of its members through collective actions.

53. FEATURES OF UNIONS It is association of employees. It is relatively permanent It is formed for securing certain economic and social benefits to members. Its focus is on joint, coordinated action and collective bargaining.

54. OBJECTIVES OF UNIONS To bargain for wages and salaries. To insist the compensation for the work as per the nature of job To fight for the provision of proper working place, week end holidays, sick leaves, free medical aid, etc.

55. To work as guide, consulting authority and negotiating machinery in overcoming the personnel problems of members. To safeguard the organizational health through various method evolved for grievance redressal and techniques adopted to reduce absenteeism, turnover and improve employees relations.

56. PURPOSE To be the instrument for solving economic, social, political and psychological problems of the employees. To secure the better wages, better working conditions. To enhance self respect and dignity. To fulfill of social needs, and stability of employment and other problems during service.

57. ASSOCIATION An association is regarded as the organization that brings members of the same profession together for the exchange of information and experience & for the advancement of their profession.

58. FEATURES OF ASSOCIATION Associations have the members of the same profession The members do not use militant methods to press upon their demands. They form associations to meet periodically and discuss their problems and share experiences. They remain in touch with administrative officials, political leaders etc.

59. OBJECTIVE OF PROFESSIONAL ASSOCIATIONS To promote personal acquaintance among members with common interest and problems. To give suggestions for the reform and improvement To issue literature for the spread of the latest information relating to their field.

60. To bring the employees nearer to those to whom they can confide for their failure and successes. To disseminate professional knowledge among a large number of people and stimulate joint and individual researchers and help in solving many problems pertaining to the profession. To bring the efficiency and boost the morale of the employees.

61. ROLE OF NURSE MANAGER IN COLLECTIVE BARGAINING Know the law, and make sure rights of the nurses as well as management are clearly understood. Find out the reasons the nurses want collective action. Discuss and deal with the nurses and the problems directly and effectively.

62. Act clearly within the law at all times. If a manager acts unlawfully, report the employer’s actions to the national labor relations board. Keep all nurses informed through regular meetings held close to the hospital or institution. Resolving grievances.

63. A collective bargaining agent cannot make the decision to strike. The decision to strike can be made only by a majority of union members.

64. CONCLUSION Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong.

65. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.

66. Evidence based practice Registered Nurse Job Satisfaction and Collective Bargaining Unit Membership Status Pittman, Jennifer MS, APRN-BC JONA: The Journal of Nursing Administration:  October 2007 - Volume 37 - Issue 10 

67. ABSTRACT Objective:  To examine differences in job satisfaction levels between registered nurses who were or were not members of a nursing collective bargaining unit.

68. Background:  The nursing shortage could lead to decreased quality of patient care, heavier workloads, and mandatory overtime, resulting in decreased job satisfaction and increased intent to leave. Nursing collective bargaining units use contracts to help decrease patient workload, decrease and eliminate mandatory overtime, increase pay and benefits, and increase job security. Exploring differences in job satisfaction between nurses who are and are not members of collective bargaining units is pertinent to understanding the retention and recruitment of nurses.

69. Methods:  A descriptive secondary analysis using a survey database from the Minnesota Department of Health. The survey, which included a job satisfaction section largely based on the Index of Work Satisfaction, was sent in 2002 to 3,645 registered nurses in Minnesota. Results:  Members of collective bargaining units had higher satisfaction with wages. Nonmembers had higher satisfaction with nursing supervision, patient care, work setting, professional relationships, and overall job satisfaction.

70. Conclusions:  There is a need for interventions in institutions with collective bargaining units to improve job satisfaction, nurse retention, and job recruitment.

71. 2) Perception Of Collective Bargaining And Satisfaction With Collective Bargaining On Employees’ Job Performance Article (PDF Available)   in  Corporate Ownership and Control 14(2):297 - 302 · March 2017

72. This study explores the influence of collective bargaining and satisfaction with bargaining on employees’ job performance. A structured questionnaire was distributed to selected sample of 181 unionized employees in the public sector organizations. The results revealed two models, with the first model indicating that satisfaction with collective bargaining (β = .56, p < 0.01) was a significant direct predictor of job performance among employees.  

73. The second model showed 35% incremental change in employees’ job performance. This indicated that age (β = .27, p < .01), and educational qualification (β = .58, p < .01) were significant independent predictors of employees job performance. This study showed that collective bargaining process is very critical in determining organizational industrial relations which in turn help to improve job related outcome such as employees’ job performance.

74. 3) The Role of Labor Unions in Creating Working Conditions That Promote Public Health Jenn Hagedorn , MPH,  Claudia Alexandra Paras , Howard Greenwich, MPP, and Amy Hagopian , PhD, MHA.Published online 2016 June.

75. ABSTRACT R esearcher sought to portray how collective bargaining contracts promote public health, beyond their known effect on individual, family, and community well-being. In November 2014, They created an abstraction tool to identify health-related elements in 16 union contracts from industries in the Pacific Northwest. After enumerating the contract-protected benefits and working conditions, They interviewed union organizers and members to learn how these promoted health.

76. Labor union contracts create higher wage and benefit standards, working hours limits, workplace hazards protections, and other factors. Unions also promote well-being by encouraging democratic participation and a sense of community among workers. Labor union contracts are largely underutilized, but a potentially fertile ground for public health innovation. Public health practitioners and labor unions would benefit by partnering to create sophisticated contracts to address social determinants of health.

77. bibliography Basavanthappa B T;. Nursing administration. Ist edn . New Delhi: Jaypee brothers;2000.   Alamellu ; Newer trends in management of nursing services and education. health science publishers first edition 2017; 177-181 Deepak. k et al; A comprehensive textbook on nursing management emmess publications;2013;293-295   Jogindra vati ; principles and practice of nursing management and administration jaypee publications;471-477  

78. Net reference http://doi.org/10.1016/j.bi.2015.04.005 http://doi.org/10.1016/j.bi.2015.04.005 http://www.ncbi.nib.gov/pmc/articles/pmc1435388/ WWW.WIKIPEDIA.COM WWW.SLIDESHARE.COM

79. THANK YOU