Running Head: Collective Bargaining 1

Title: Collective Bargaining

Student’s Name:

Institution:

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 2

Collective Bargaining

Collective bargaining is the process through which employers and employees enter

into an agreement on salaries, working condition, benefits and other things such as their

rights and compensation. The interests of the employees are commonly represented by

representatives of the trade union in which the employees belong to. The collective

agreements will set out the wages, working hours, training, overtime, the rights of the

workers in the workplace, health and safety of the worker in the workplace.

The representatives of the workers or the union may enter into negotiations with a

single employer or with a group of employers for the purpose of bettering the working

conditions of the workers. Collective bargaining is a function which is spelled out in the labor

laws, and it is a contract between the employer and the employees. Upon agreement of the

two parties, the agreement negotiation is referred to as a collective bargaining agreement

(CBA), and it must be signed by the parties to show that they are committed to it. If the

employer fails to owner the agreement, the union can move to court to make the employer-

owner the agreement.

It is through bargaining collectively that the employers enhance the human dignity,

liberty, and autonomy of the workers. This gives them the opportunity to establishment of

rules in the workplace and thus gain some control of their lives in the workplace. It is through

collective bargaining that the workers can achieve a form of workplace democracy and ensure

that the rule of law is followed by the employers. The collective bargains are covered by the

National Labor Relation Act, and according to the act, it is illegal for employers to

discriminate, harass, spay or terminate the employment of an employee because of his or her

union association.

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 3

Collective Bargaining Process

There are five basic processes which are involved in negotiations of the wages and

other conditions of employment between the employer and the employees or unions. The

core steps which are involved in the process of negotiations include the following:

1. Preparation: This is the first process of negotiation where the two parties to take

part in the collective bargaining come up with the team of representatives who will be

negotiating with their respective parties. The team should have adequate knowledge and skills

for negotiation. The representative of both the employer and unions examine their situations

so that they can develop an issue which is best for the two parties. The first thing which this

team should determine whether there is anything which needs to be negotiated and each team

should give reasons as to why they should discuss the issues at hand. Once the team has

agreed that there is need, then they can move on to the issues which are raised by either party.

2. Discuss: The ground rules which will govern the discussion will be laid down at

this stage. The team here come up with environment of common mutual trust and

understanding to enable them to discuss the issues which were raised in the first stage. The

main purpose of this stage is to create a goo environment so that the parties involved have

equal opportunities in bargaining.

3. Propose: The team evaluates the possible options which they have in accordance

with the law. The team here brainstorm the issues which were presented in the previous

stages and looked at how the issues can be solved to the best of the parties involved. Each

team here gives the suggestions on how the issues can be solved. In other words, the teams

exchange notes concerning the issues presented to them.

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 4

4. Bargain: The team must adopt problem-solving attitude so as to make negotiations

easy. The proposals are given at this stage, and the team evaluates the effects of the proposals

on either party. After discussing the effects, the team will come up with an agreement which

should be drafted and signed by the representatives of the two parties.

5. Settlement: Once the parties are through with the negotiations, it will mean that the

parties have come to a common agreement regarding the issues or the problem which was

raised. This stage involves the implementation of the issues which were agreed by the parties

involved. The strategies to be used in implementation of the agreement are put in place so

that the solution can be given to the problems or issues which were brought forward.

Collective Bargaining Strategies

The strategies to be adopted by the team should guarantee success of the negotiation

process within the shortest time possible. The strategies should make sure of minimal

misunderstanding in the team and should rather promote union. Some of the strategies which

can be adopted by the team include:

1. Be prepared! The team must always be prepared for the upcoming bargaining.

Each member of the bargaining team should have a thorough understanding of the current

bargaining agreements and to some extend the changes which have happened in the recent

time. The team should review the grievances which have been filled by either party since the

last agreement and have all relevant issues concerning the issues which might arise in the

negotiation.

2. Know the bargaining Units: it is important for the team to know the units in

which the employees are in. This will give the team a clear view of what the union wants for

its members and the employer representatives will dedicate much of their efforts to that. For

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 5

instance, the team should have an idea of the age bracket in which the members of the union

are in. This information can help employers’ team in drafting the proposals which will be

accepted by the union representatives. This will make the process of negotiations to be faster.

3. Have the Data to Support your Position: the team should have all relevant

information concerning the previous negotiations. The copies of financial statements of the

company or organization can be of importance to the employer's team in defending their

positions. For instance, if the organization has not been making enough profits due to poor

cooperation of the employees, the union through this can be persuaded to tell the employees

to work hard. The same information can be used to show why the organization is not willing

to pay more.

Collective bargaining has its advantages and disadvantages to both the employees and

the employer. For instance, it is prone to inequalities, and the agreement can lead to the either

the employer or employees getting less of what they deserve. If for example, the employer

has a weak side then the business will lose a lot of money regarding compensation of

benefits, and thus the business may end up making loss. Collective bargaining can be biased

to the employers since it works on giving the employees more power something which can

lead to employer having no power over the employees yet he is the boss.

Collective bargaining can widen the gap between the employees and the employers.

Though collective bargaining should come up with solutions which are beneficial to the

employer and employees most are times when unions do not mind about the welfare of the

employer but put the interests of the employees first. If negotiations become futile, the

relationship between the employer and employee becomes worse instead of being healthier.

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 6

The process of collective bargaining is usually unfair to senior employees and

member employees in that once they agree wages with organization the senior employees get

the same benefit as the junior and new employees. This should not be the case since the

senior employees have paid higher dues to the union compared to the new and junior

employees. The negotiations in many cases take a long time to materialize, and some of the

employees of the union may have retired and hence may not benefit from the fruits of the

negotiations.

Collective bargaining has its advantages in that it prevents employees from going on

strike which is the main option which employees take when they differ with employees.

When there are strikes, the customers suffer since they will not get the services and goods

from organizations. The income of the organization affected will go down since it will not be

able to produce. With collective bargaining, employees stay at work and let their unions fight

for their rights.

It is through collective bargaining the rights of the workers are obeyed in the place of

work, and they are not misused by their employees. There is uniformity in distribution of

benefits since all the gains from the bargain should be shared equally. Security and stability

of the employee's job are secured as the employers cannot terminate their job without

following due process.

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
 Collective Bargaining 7

References

Kiely, P., CCH New Zealand Limited., & Kiely Thompson Caisley. (2007). Collective

bargaining. Auckland, N.Z: CCH New Zealand.

Hogler, R. L. (2015). The end of American labor unions: The right-to-work movement

and the erosion of collective bargaining.

International Labour Office. (2015). Promoting collective bargaining: Collective

Bargaining Convention, 1981 (No. 154) : Collective Bargaining Recommendation, 1981 (No.

163). Geneva: International Labour Office (ILO.

ILO, . (2015). Collective Bargaining: A policy guide. Geneva: ILO.

This study source was downloaded by 100000859529981 from CourseHero.com on 12-24-2022 10:51:02 GMT -06:00

https://www.coursehero.com/file/28720843/collective-bargainingdocx/
Powered by TCPDF (www.tcpdf.org)