Collective bargaining

collective bargaining, administration

1. Collective bargaining NEETHU S S SECOND YEAR MSC NURSING GOVT. COLLEGE OF NURSING, KOZHIKODE

2. Collective bargaining is a mode of fixing the terms of employment by means of bargaining between an organized body of employees or an employer or an association of employees, usually acting through duly authorized agents.

3. Collective bargaining is fundamentally a method of joint regulation as it necessarily involves both the parties directly interested in the industrial relations. The essence of collective bargaining is a bargaining between interested parties to regulate industrial relations. Collective bargaining aims at reaching some settlement. Although, both parties involved in the bargaining process attempt to get their own terms accepted by the other party. It is the process of employer-union negotiation for the purpose of reaching agreement as to the terms and conditions of employment for a specific period.

4. DEFINITION “Negotiations about working conditions and terms of employment between an employer, a group of employers or one or more employers’ organizations on one hand and one or more representative organizations of workmen on the other hand with a view to reach agreement. “a process of discussion and negotiation between two parties, one or both of whom is a group of persons acting in concert.” Encyclopedia of social science.

5. DEFINITION Negotiation about working conditions and terms of employment between an employer and a group of employees or one or more employee, organization with a view to reaching an agreement wherein the terms serve as a code of defining the rights and obligations of each party in their employment relations with one another. -( International Labour Organization)

6. DEFINITION “collective bargaining is an agreement between a single employer or an association of employers on the one hand and a labor union on the other, which regulates the terms and conditions of employment” - Tudwig Teller

7. HISTORY The term of “Collective Bargaining” was first used in 1891 by Beatrics Webb, a founder of field in industrial relation in Britain. It refers to a sort of collective of negotiation and agreement that has existed. 1913- the California legislature extended the 8-hour law to pupil nurses. 1919- formation of the union of stewards and nurses. 1930- the national labor relation act (NLRA) established. 1934- ANA actively campaigned for 8 hour/ day.

8. HISTORY 1941- California state nurses association represented nurses concerns before the labor board. 1946- the California nurses association became the first nurse’s association to represent nurses. The concept of collective bargaining was introduced very late in India, as trade union were formed only in 1962.

9. OBJECTIVES OF COLLECTIVE BARGAINING Resolve differences over knotty issues. Protect the interests of workers through collective action. Carry out negotiations voluntarily, without interference from third party. Arrive at an amicable agreement through a process of give and take. To arrive at an agreement on wages and other conditions of employment. To have peaceful co-existence for the mutual benefits and progress. To maintain employee- employer relation bilaterally .

10. CHARACTERISTICS Collective : collective bargaining is a two-way process where the employer’s 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. Formal : it is a formal process in which certain employment related issues are to be regulated at National, organization and workplace levels. Improvement : it is a method to improve the employer- employee’s conflicts.

11. CHARACTERISTICS Representation : collective bargaining is between the representatives of employees and management. The management dose not directly deal with employees. It carries negotiations with representatives/ executives of union and associations. 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. 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.

12. Importance to society Importance to employers Importance to employee IMPORTANCE OF COLLECTIVE BARGAINING

13. IMPORTANCE OF COLLECTIVE BARGAINING 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. 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.

14. 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.

15. 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.

16. 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

17. PREREQUISITES OF COLLECTIVE BARGAINING Freedom of associations Independence of unions Stability of organizations of workers and employers Favorable political climate- the Government should not only be sympathetic but also encourage collective bargaining and agreements. Mutual trust and respect and also willingness on the part of the parties concerned to settle all matters by collective bargaining or negotiations.

18. PREREQUISITES OF COLLECTIVE BARGAINING Bargaining power of each party. It depends on Strength of its organization Knowledge and skill of negotiation of its representatives Trade recession or boom and shortage Surplus of labor, particularly in regard to semi- skilled and unskilled workers.

19. FACTORS FOR THE SUCCESS OF COLLECTIVE BARGAINING Lester and Sister outline factors which determine the success of collective bargaining. They have been grouped into: Economic environment factors Psychological factors and structure of power relation Nature and characters of the product market Nature of the labor market

20. Capital requirement and cost conditions State of business conditions Types of industrial relationships Employer’s attitude Worker’s attitude Government policy

21. TYPES OF BARGAINING

22. Conjunctive or distributive bargaining Conjunctive bargaining is the most common type of bargaining & involves zero-sum negotiations, in other words, one side wins and the other loses. Both parties try to maximize their respective gains. They try to settle economic issues such as wages, benefits, bonus, etc. For Example, Unions negotiate for maximum wages & the management wants to yield as little as possible – while getting things done through workers.

23. Cooperative /integrative bargaining Integrative bargaining is similar to problem solving sessions in which both sides are trying to reach a mutually beneficial alternative, i.e. a win-win situation. Both the employer & the union try to resolve the conflict to the benefit of both parties. Both sides share information about their interests and concerns and they create a list of possible solutions to best meet everyone’s needs.  

24. Productivity bargaining A form of collective bargaining leading to a productivity agreement in which management offers a pay raise in exchange for alterations to employee working practices designed to increase productivity. Productivity bargaining has been described as "an agreement in which advantages of one kind or another, such as higher wages or increased leisure, are given to workers in return for agreement on their part to accept changes in working practices or in methods or in organization of work which will lead to more efficient working.

25. Composite bargaining Workers believed that productivity bargaining agreements increased their workloads. Rationalization, introduction of new technology, tight productivity norms have added to this burden and made the life of a worker somewhat uneasy. As an answer to such problems, labor has come in favor of composite bargaining. In this method, labor bargains for wages as usual, but goes a step further demanding equity in matters relating to work norms, employment levels, manning standards and environmental hazards etc.

26. SUBJECT MATTER OF COLLECTIVE BARGAINING Union recognition and scope of bargaining unit Management rights Union security Strikes and lockouts Union activities and responsibilities Wages Working hours and working conditions

27. Job rights and seniority Discipline, suspension and discharge Grievance handling and arbitration Health and safety Insurance and benefit programs Work tools, techniques and practices Changes in technology

28. POINTS TO KEPT IN MIND BEFORE COLLECTIVE BARGAINING Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each. Do not hurry. When in doubt, discuss with your associates. Be well prepared with firm data supporting your position.

29. POINTS TO KEPT IN MIND BEFORE COLLECTIVE BARGAINING Don't concern yourself just with what the other party says and does; find out why. Respect the importance for face saving for the other party. Be alert to the real intentions of the other party-not only for goals, but also for priorities .

30. Learn to control your emotions and use them as a tool. Be a good listener Build a reputation for being fair but firm. As you make each bargaining move, be sure you know its relationship to all other move. Measure each move against your objectives.

31. Pay close attention to the wording of every clause negotiated; they are often a source of grievances. Remember that collective bargaining is a compromise process; There is no such thing as having all the pie. Try to understand people and their personalities. Consider the impact of present negotiations on those in future years.

32. PRINCIPLES OF COLLECTIVE BARGAINING For the management For the trade union For trade union and management

33. PRINCIPLES FOR THE MANAGEMENT The management should be waiting for the trade union to bring employees grievances to its notice but should rather create the condition in which the employees can approach themselves without involving the trade union. The management should only deal with the one trade in the organization. They must form and follow a realistic labor policy

34. PRINCIPLES FOR THE MANAGEMENT They should treat the trade union fairly They should regularly check the rules and regulations to determine the attitude and comfort of its employees Must agree to reform the trade union without any reservations The management should not wait for the trade union to bring employees problems

35. PRINCIPLES FOR THE TRADE UNIONS The trade union should eliminate racketeering and other undemocratic practices within their own organization Trade union leaders should resort to strike only when all other methods of the settlement of a dispute have failed 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. Trade union leaders should assist in the removal of such restrictive rules and regulations that are likely to increase costs and prices and reduce the amount that can be paid out as wages

36. PRINCIPAL OF UNION AND MANAGEMENT Collective bargaining should be made an education well as a bargaining process. It should offer to trade union leaders an opportunity to present to the managements. There should be an honest, able and responsible leadership for only this kind of leadership which make collective bargaining effective and meaningful. There must be mutual confidence and good faith and a desire to make collective bargaining effective in practice.

37. COLLECTIVE BARGAINING MEMBERS Registered Nurses Physicians Other professionals Technical employees Non-professionals

38. ORGANIZATION OF COLLECTIVE BARGAINING UNIT Assemble a group of nurses who support collective bargaining. Arrange a meeting with a representative of nurse’s association of state level. Assess feasibility of an organizing campaign. Conduct necessary review of literature to develop a plan of action.

39. ORGANIZATION OF COLLECTIVE BARGAINING UNIT Establish an organizing committee. Initiate the process of obtaining authorization cards. Schedule an informal meeting. Ensure voluntary recognition from the employer. Seek certification by national registration agency. Initiate contract negotiations.

40. COLLECTIVE BARGAINING PROCESS

41. Preparatory Phase Discussion Phase Proposal Phase Bargaining Phase Settlement Phase Formalizing Agreement Enforcing Agreement COLLECTIVE BARGAINING PROCESS

42. prepare Selection of negotiation team. Identification of the problem Examination of situation and issues for negotiation Collection of data.

43. discuss Decide an appropriate time and set a proper climate for negotiation. Decision on ground rules. Maintenance of mutual trust and understanding. Involve in active listening ,asking question and summarizing decision.’ Collective Bargaining.

44. propose Initial opening of statements Possible alternatives/Opinions to resolve the issues by both parties. Brainstorming

45. bargain During this bargaining phase, both parties involves in the following activities:- Problem solving Proposals.

46. settlement Consensus agreement on common decision Negotiated change

47. FORMALIZATION OF AGREEMENT Drafting of agreements:- After good faith bargaining ,a formal document must prepare .it should be simple ,clear and concise. Signing the agreement:- Both parties sign the agreement and abide by its terms and conditions.

48. ENFORCING THE AGREEMENT To have the agreement effective and meaning ,it should be enforced or implemented immediately.

49. LEVELS OF COLLECTIVE BARGAINING

50. ECONOMY-WIDE (NATIONAL ) Bargaining is a bipartite or tripartite form of negotiation between union confederations, central employer associations and government agencies .

51. SECTORAL BARGAINING :- 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.

52. ENTERPRISE LEVEL It involves the company and/or establishment. It emphasizes the point that bargaining levels need not be mutually exclusive.

53. OBSTACLES Registered nurses who participate in organizing drives could be summarily fired. Hospital could refuse to recognize and bargain with nursing organizations. The associations spend years softening up the turf.

54. ADVANTAGES Contract to guide standards. Participation in decision making process All union members and management must confirm to terms of contract without exception. Process exists to question managers authority if members feels something was done unjustly. Nurses gain control of practice Improve professional relationships

55. ADVANTAGES Professionalism can be improved Protect patients from inadequate and unsafe care Give economic security Ensure the nurses have fair pay, good benefits and safe working conditions Provide power Establish effective channels of communication with decision- makers.

56. DISADVANTAGES Reduce individuality Other union members may outvote one’s decisions Dispute are not handled with individual and management only Must pay union dues even if one does not support unionization

57. NURSE MANAGER’S ROLE IN COLLECTIVE BARGAINING Know your legal rights and the rights of the manager. Act clearly within the law at all times. If a manager acts unlawfully, e.g., by firing an employee for organizing, report the employer’s actions to the national labor relations board. Keep all nurses informed through regular meetings held close to the hospital.

58. Set meeting times conveniently around shift changes and assist with child care during meetings. Evaluate management skills and take continuing education courses to improve them. Motivational techniques are particularly important for nurse administrators to possess because they work through others. They must listen carefully to staff concerns and represent staff associates wishes to top management .

59. Nurse administrators need to know about labor relations. The director of nursing should not serve as the chief negotiator during collective bargaining because it would put the director in an adversary role. The agency legal representative is usually the negotiator. During negotiations, the director of nursing defines what is best for the nursing care of patients. Once the contract has been negotiated, nurse mangers must learn the terms of the contract and have copies of the contract available to them. Problems should be solved through problem solving techniques as they arise.

60. ROLE OF TNAI IN BARGANING AND POLICIES FOR STRIKE According to Trained Nurse Association of India, the association cannot be legally appointed as a negotiating body at a local, state or national level. It is also well documented that the nurses formed the service association in various states and in many places they also joined paramedical workers and even fourth class employees unions where they lose their professional standing

61. To approach union/state Governments and other employing agencies to form Grievances committees solve all local problems, personal or professional, wherever possible. To have a state level committee with a TNAI representees to act as arbitrary in cases referred to by the local Grievances committee. To encourage and assist state government Nurses services Associations in recognizing negotiating bodies by the employers.

62. The association would extend cooperation and create opportunities for joint activities and action under terms and conditions, where the state Government Nursing organizations already exist. TNAI and its members will not support any strike controlled or voted by any union or organization which includes employees other than nurses.

63. The TNAI members may support a strike action where the welfare of the member of the profession as a whole, or the improvement of nursing services to the community and the State Government Nursing Association and State Branch ,TNAI agrees under following conditions:- The grievances if exist, be thoroughly investigated by the Government Nurses Association and send a report to local or state TNAI Executive. The State Branch Executive, TNAI should be satisfied with the report. The association will legally approach the authority for the correct situation.

64. If no action is taken by the authorities despite all efforts, the members of the Government Nursing association will be asked to vote for strike. A strike notice should be given at least two months before the date of strike. Action plans to be used including rendering emergency nursing care during the strike should be made jointly by the Government Nurses Association and TNAI. Inform all members about the action plan and to acts as professional during the strike.

65. CONCLUSION Collective bargaining is the only proven method so far evolved for bringing forth willing cooperation and promoting understanding between workers and employers so essential for ensuring higher productivity and better understanding of performance employers should in enlightened self-interest, if for no other reason, take the lead in encouraging collective bargaining between themselves and their workers, no matter what government does.

66. BIBLIOGRAPHY Marriner Ann, Tomey . Nursing management and leadership. 5 th edition. united states of America: mosby publications; 1995.p 487-88. Basavanthappa B. Nursing administration.2 nd edition.st. louis: jaypee publications; 2009.p 784-6. Huber. Leadership and nursing care management. united states of America: w b company; 1996.p 425-38. Yoder S. leading and managing in nursing.st. louis: mosby publications; 2008.p 53-6. D.T.B.G. Management of Nursing Edition and services. First Edition 2010. EMMESS Medical Publisher. P. 339-43. Vati Jogindra , Principles of practice of nursing management and administertion . 1st Edition. Jaypee brothers medical publishers(P) LTD. P. 427-32