Professional Documents
Culture Documents
Collective Bargaining
Collective Bargaining
The term 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. Bargaining is the process of cajoling, debating, discussing, and even threatening
so as to arrive at an amicable agreement those being represented.
Due to rapid social change and classification with values and
norms, the nurses are always striving to words collective bargaining in order to meet their
professional and personal needs. Although the nursing profession has been represented by a
professional association say trained nurses association of India since 1908, it means the
collective negotiating between the employer and the employee, relating their work situation
DEFINITION
The national associates of manufacture (USA) defined the process of collective bargaining as
a method by which management and labour may explore each other’s problems and view
points, and develop a framework for employment relation with in which both may carry on
their daily associations in a spirit of cooperation goodwill and for their mutual benefit.
Collective: Collective bargaining is a two way group process were the employers
representative and employees representatives sit together to negotiate terms of
employment.
Strength: Both the parties in collective bargaining is strong and equal.
Voluntary: Both parties come to the negotiation table voluntarily in order to go in
particular negotiation. It is based on discussions, mutual trust, and understanding.
Formal: It is a normal process in which certain employment related issues are to be
regulated at national, organizational, and workplace levels.
Flexible: It is flexible and continuous process and not fixed or static.
Improvement: It is method to improve the employer – employees relation in the
organization and resolve and management and employees conflicts.
Representation: Collecting 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 / 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 negotiation.
Bipartite process: Because the employee and employers representatives negotiate
directly face to face across the table.
The process of collective bargaining involves negotiation and discussion between the
management and union.it is complex process involving a number of procedures, techniques
and tools this process comprise of seven main steps
1. PREPARATORY PHASE
2. DISSCUSSION PHASE
3. PROPOSAL PHASE
4. BARGAINING PHASE
5. SETTLEMENT PHASE
6. FORMALIZING AGREEMENT
7. ENFORCING AGREEMENT PROCESS OF COLLECTIVE BARGAINING
PREPARATORY PHASE:
In this phase following activities are carried out
Selection of negotiation of team: it consist of representatives of both parties.
they should have adequate knowledge and skill for negotiation. they must to
know when to listen, when to speak, when to stand their ground, when to
concede and when to make counter proposal
Identification of problem.
Examination of situation, and issues for negotiation
Collection of data: enough supporting data kept ready. Initially time is spent to
gather relevant data related to issues.
DISSCUSSION PHASE
BARGAINING PHASE
During bargaining phase both parties are involving in the following activites
Problem solving
Proposal are set forth
SETTLEMENT PHASE
After bargaining phase settlement phase start with:
Consensus agreement on common decision
Negotiated change
FORMALIZING AGREEMENT
Drafting agreement: after good faith bargaining, aformal document must prepare, it
should be simple, clear and concise
Signing the agreement: both parties are sign the agreement and abide by its terms and
conditions.
ENFORCING AGREEMENT
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.
COMPOSITE BARGAINING
Wages with equity.
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 or acts
The term law and legislation are used to refer generically to status, regulation and other legal
instruments that may be the form of law used in particular country
Health care laws involves many facets of US laws, including torts, contracts, antitrust, and
insurance
INDIAN HEALTH CARE IMPROVEMENT ACT, 1976
The Indian Health Care Improvement Act ( IHCIA) , the cornerstone legal authority for the
provision of health care to American Indians and Alaska Natives , was made permanent when
President Obama signed the bill on March 23, as per of the Patient Protection and Affordable
Care Act. The authorization of appropriations for the IHCIA had expired in 2000, and while
various versions of the bill were considered by Congress since then , the act now has no
expiration date. The original version passed by Congress in 1976. It includes many major
changes and improvements to facilitate the delivery of health care service such as :
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 ant
protect their interest by collective action
Trade union
Trade union is continuing long term association of employees formed and maintained for the
specific purpose of advancing and protecting the intrest of members in their working
relationship with the employers.
It is continuous association of wage earners for the purpose maintaining and improving
condition of their working lives.
Cunnison
The trade union is a formal association of workers that promotes and protects the interests of
its members through collective actions.
FEATURES OF UNIONS
1. It is association of employees.
2. It is relatively permanent.
3. It is formed for securing certain economic and social benefits to members.
4. Its focus is on joint, coordinated action and collective bargaining.
OBJECTIVES OF UNIONS
Association
An association regarded as organization that brings members of the same profession together
for the exchange of information and experience and for the advancement of their profession,
e.g: nursing welfare association of india , student nurses association etc.
ARTICLE 19AND 309 of the indian constitution are concerned with the legal status
of public employees associations. The employees organizations in government are
usually active during the post independence period.
It was the amalgmented society of railway servants of india and Burma(1897), formed
by the angloindians and domiciled Europeans employed in railways who established
the association of public employees to seek the redress of grivevances.
The indian civil service association came into being in 1918.
In 1922 the all india railway mens federation formed and soon after postal and
telegraphs employees union was formed
After the first world war , mahatma Gandhi and his followers aspires the civil servants
to form the associations
International labour organization (1919)gave the impetus of establishment of more
unions and association.
Employees organization formed after the formation of all india trade union congress
and the enhancement of trade union act, 1926.
In 1937 the following condition were prescribed for an association of civil servents
FEATURES OF ASSOCIATION
1. Association have the members of the same profession.
2. The members do not use militant method to press upon their demands.
3. They form association to meet periodically and discuss their problems and
share experiences.
4. They remain in touch with administrative officials, political leaders, etc
A survey was conducted by Milena Vainieri, Pierluigi Smaldone, Antonella Rosa, and
Kathleen Carroll (2014) on The role of collective labor contracts and individual
characteristics on job satisfaction in Tuscan nursing homes This study investigates the
relationship between the labor contracts applied in 62 Tuscan NHs and NH aides’ job
satisfaction with two aims: to investigate the impact of European contracts on employee
satisfaction in health care services and to determine possible limitations of research not
incorporating these contracts. The result Findings show that the factors influencing nursing
aides’ satisfaction occur at both the individual and NH levels. Organizational characteristics
explain 16% of the variation. For individual characteristics, foreign and temporary workers
emerge as more satisfied than others. For NH variables, results indicate that the labor contract
with the worst conditions is not associated with lower workers’ satisfaction. Our analysis has
value as a management tool to consider alternative sources as well as the labor contract for
employee incentives.