The information is provided about nursing management related collective bargaining and other important knowledge.
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COLLECTIVE BARGAINING, UNIONS,
PROFESSIONAL ASSOCIATIONS,
ROLE OF NURSEMANAGER
Presented By – Atul Yadav (RN,RM)
More info.-
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What is collective bargaining ?
It is a mode of fixing the terms of
the employment by means of bargaining
between an organized body of employees
or an employer or an association of
employees ,usually acting through duly
authorized agent.
Collective bargaining :-
Is fundamentally a method of
joint regulation as it necessarily
involves both the parties directly
interested in the industrial
relations.
Definition of Collective bargaining :-
Negotiations about working conditions
and terms of employment between an
employer , a group of employers or one or
more employers of organization on one
hand and one or more representative
organizations of workmen on the other
hand with a view to reach agreement.
Encyclopaedia of social sciences :-
“A process of discussion and
negotiation between two parties , one or
both of whom is a group of persons acting
in concert. More specifically , collective
bargaining is the procedure by which an
employer and a group of employees agree
upon the condition of work.”
C HA RA CT E R I S TI C S O F C O L L E C T I BARGAINING
1.It is a group action as opposedto
individual action and initiated through
the representatives of workers.
2.2.Itisflexibleandmobileandnot fixed
orstatic.
3.3. It is a continuous processwhich
provides a mechanism for continuing
and organized relationship between
management and tradeunion
/association.
4.It is a two party process. It is
mutual give and take .
5.It is dynamic and not a static.
6.It is an industrial democracy in
work.
1.Union recognition and scope
bargaining unit.
2.Management rights
3.Union security strikes and lockout
4.Union activities and responsibilities
Subject matter ofCollectiveBargaining
5.Wages
6.Working hours and working condition
7.Job rights and seniority
8.Discipline , suspension and discharge
Cont…
10.Grievance handling and arbitration
11.Health and safety
12.Insurance and benefit programs
Cont…
It is best suited to the concept of
industrial democracy.
Ensures an important status
for workers.
Ensures lasting industrial p e a c e .
Importance of Collective Bargaining
It is superior to
statutory regulation
Foster responsibility on the p a rt o
of both workers and employers.
It presupposes worker’s right
to strike and employer’s right to
lockout.
Prevent di s p u t e s .
Types of Collective Bargaining
What is Negotiation ?
Is a dialogue intended
to resolve disputes,
to produce an
agreement upon courses of
action ,to bargain for individual or
collective advantage .
Principles of negotiation
1.Be friendly in negotiation.
Introduce everybody.
2.Be willing to listen.
3.Give everyone an opportunity
to state his position.
4. Always keep in mind the right
and fair thing to do.
5.Donot try to guide the discussion
along a straight line directed
toward solving problem.
6. Define each issue clearly and
discussing and discussing in the
light of all available fact.
7.At all times search only for
correct and real situation.
8.Avoid all precise.
9. Consideration should be given to
fatigue and mental attitude in
determining the length of session.
10. Both parties should respect the
rights of public at all times.
Collective Bargaining Process
Major issues in collective
bargaining
i.Wage related issues
ii. Supplementary economic
benefits
iii.Institutional issues
iv.Administrative issues
Tactics of Bargaining
•Counterproposals
•Trade-offs
•A Recess
•Delay of items
•Publicity
•Mediation
Other options
•Strike
•Picketing
•Contract arbitration
•Boycotts
Strike is a stoppage of work called
by a union to place bargaining
pressure on management.
Types of strike
i. Recognition
ii.Economic
Why Collective bargaining is not
speeding in India?
1.Absence of enlightened
management
2.Weakness of trade union
3.Easy availability of govt.
intervention
4.Surplus manpower.
5. Different political affiliation of
unions and consequent political
rivalry
v. Restricted rights of workers and
employers to strike out and lockout.
vii.Lack of mutual trust, respect and
spirit of give and take.
viii.Unfavorable political and economic
climate.
Problems of Collective Bargaining
•Collective bargaining is becoming
a competitive process.
•Can create a culture where
sectoral interest may have
priority even over national
interest.
•Trade union representative
come to the bargaining table
not equipped with adequate
information.
Factors for the success of Collective
Bargaining
1.Economic environment factors.
2.Psychological factors and
structure of power relation.
3.Nature and character of product
market.
4.Nature of the labor
market
5.Capital requirement and
cost condition
6.State of business condition
7.Types of industrial
relationship
a.Employers’ attitude
b.Worker’s attitude
c.Government policy
UNION
A trade union or labor
union is an organization of
workers who have banded
together to achieve common
goals such as better working
condition.
The trade union, through
its leadership, bargains with the
employer on behalf of union
members and negotiates
labour contracts (collective
bargaining) with employers.
•Trade unions originated in
Europe.
•Became popular during the
Industrial Revolution.
Definition
Trade Union is a continuing,
long-term association of employees,
formed and maintained for specific
purpose of advancing and protecting
the interest of members in their
working relationship.
Dale Yoder
Characteristics of Trade Union
1. Association of either
employers, or employees or
independent workers.
1.Permanent combination.
3. Basic objectives are to protect
and advance economic , social
and vocational interest of their
members.
4.Ready to meet the challenges
emanating from the changes in
technology and changes in
environment.
Why do workers join Trade
Union ?
They want -
•To get economic security.
•To restrain the management from
taking any action which is
irrational , illogical ,discriminatory
or prejudicial to the interest of
labour.
•To communicate their views ,
aims, ideas , feelings and
frustrations to the
management.
•To get along with their fellow
workers in a better way.
•To secure protection from
economic hazards beyond their
control ( like illness , accident).
•To get a job through the good
officers of a Trade Union.
Objectives of Trade Union
1. To defend or improve the
wages and working conditions
of workers and to bring about
a change in the economic
order.
2. To overthrow capitalism and to
bring about a revolutionary and
fundamental changes in the
political order.
3.To replace managerial
dictatorship by workers’
democracy and to bring about a
change in the social order.
Functions
1.Intramural
2.Extramural
3.Political
According to Trade Union Act ,
1926
Primary function of Trade Union
is that they must work to protect
and promote the interest of the
workers and the conditions of
their employment.
Besides this primary function the
Trade Union in India is committed
the following functions-
1.To secure better wage and living
conditions for their members.
1.To acquire the control of industry
by workers.
3. To provide workers self –
confidence and a feeling of
identity in the organization
4. To make up welfare measures for
improving morale of the workers.
According to National Commission of
Labour,
Trade Union should give greater
attention -
•To secure fair wages for workers.
•To enlarge opportunities for
promotion and training.
•To promote individual and
collective wellbeing.
•To promote identity of interest of
the workers.
•To broaden the understanding of
workers and facilitate
technological advancement.
•To become instrument for
constructive purposes as
promotion of national
integration , influencing of
socioeconomic policies of the
community through active
participation.
Principles of Trade Union
3 cardinal principles-
•Unity is strength
•Equal pay for equal work or for
the same job.
•Security of service.
Types of Union Security
1. Restricted shop
Legal- When the
management
does what it can
to keep a union
out without
violating the act.
Illegal - allow
the activities
that are
specifically
prohibited by
law.
2. Open shop : A true Open shop is
one in which there is neither a
union present nor a management
program to promote or keep out a
union.
3. Simple Recognition shop : It is
one in which management has
recognized a union as the
official and exclusive bargaining
agent of all employees in its
area of jurisdiction.
4. Agency shop : All the employee
pay union dues whether or not
they are members of the union.
5. Maintenance of-membership
shop: This shop is compromise
between freedom to join or not
join a union and compulsory
unionism.
6. Modified Union shop :This is form
of compulsory unionism. Within a
stipulated period the employee
must join the union.
7. Union shop : The grace period for
a full union shop could be no
shorter than 30 days. All
employees will be union
members.
7.Closed shop : An employee must
be a union member at the time of
hiring . The union become the
only source of labour for the
employer.
Trade Union Act,1926
The Act provides for the
registration of the Trade Union
and define the law related to such
Union.
The Act define a Trade Union as--
“ Any combination, whether temporary or
permanent formed primarily for the
purpose of regulating the relations
between workmen and employers or
between workmen and workmen , or
between employers and employers , or for
imposing restrictive conditions on the
conduct of any trade or business and
includes any federation of two or more
trade union.”
Objectives
Registration of Trade Union
•Application to the Registrar of
Trade Union.
•Application must contain-
i. Names, occupations and address
of the members making the
application.
ii.The name of the Trade Union and
the address of its head office.
iii. The titles , names , age, address
and occupation of the office
bearers of the Trade union.
Cancellation of Registration
Done by Registrar-
i.On the application of Trade
Union to be verified in such
manner as may be prescribed.
or
ii . If the certificate has been
obtained by fraud or mistake ,
or that the Trade Union has
ceased to exist or has willfully
and after notice from the
Registrar…..
Professional Association
A professional association (also called a
professional body, professional organization, or
professional society) is a non-profit organization
seeking to further a particular profession , the
interests of individuals engaged in that
profession, and the public interest.
Professional Association is a
collective organization of
professional workers such as
Nurses , Doctors , Lawyer etc.
Role of Professional Associations
-A group of people in a learned
occupation who are entrusted
with maintaining control or
oversight of the legitimate
practice of the occupation.
-A body acting "to safeguard the
public interest”.
-
A
organization which "represent the interest of
the professional practitioners," and so "act to
maintain their own privileged and powerful
position as a controlling body .’’
-Often act as a labour union for the membersof
the profession. They involve in collective
representation and collectivebargaining.
Current Trends and Issues in
Collective Bargaining
•Wage Bargaining
•Women’s Issues
•Job security
•Productivity
•Technological change
•Quality of work life
ROLE OF NURSE MANAGER
To summarize -
•All the trade unions are generally
democratically selected or elected
representative of the same.
•The leaders of the union acts as a
party in the negotiation or
collective bargaining.
•They have the support of
employee/members of trade union
on their back .
•It is generally the proficiency of
leader to get the desire goal for
the entire union.
•The better is the leader or the
process of selecting them , better
is the result or output of the
collective bargaining or
negotiation.