COLLECTIVE BARGAINING:

Definition
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 acing through duly authorized agents. It is fundamentally a method
of joint regulation as it necessarily involves both the parties directly. The essence ofcollective
bargaining is a bargaining between interested parties and the readiness of both the parties to
regulate industrial relation. Collective bargaining aims a reaching some settlement. Collective
bargaining has been defined in encyclopaedia of social science as
a process of discussion and negotiations between two parties, one or both of whom is agroup
of persons acting in concert. More specifically it is the procedure by which an employer and a
group of employees agree upon a condition of work.
Characteristics of collective bargaining.
Collective bargaining has been characterized as a form of industrial democracy and industrial
government. The management and the union representatives sit down at the bargaining
table where they deliberately, persuade, try to influence, argue and reach an agreement
which they regard in the form of contract. Generally speaking the union and the management
must learn to live with one another whether they like it or not. They must accommodate each
other under the labor law of the land. Once bargaining relationship have been commenced
both sides must be honestly seek an agreement.
Prerequisites of collective bargaining
i) Freedom of associations and independence of unions.
ii) Stability of organizations of workers and employers.
iii) Favorable political climate the Government should not only be sympathetic but
also encourage collective bargaining and agreements.
iv) Mutual trust and respect and also willingness on the part of the parties
concerned tosettle all matters by collective bargaining or negotiations
v) Bargaining power of each party depends on the (a) strength of its organization
(b)knowledge and skill of negotiation of its representatives (c) trade recession,
or boom andshortages and (d) surplus of labour, particularly in regard to semi-
skilled and unskilledworkers.
vi) There should be absence of any external pressure either on the employer or on
theworker to come to the king of agreement desired by the authority exerting
the pressure.vii) There should be an existence of a progressive and strong
management conscious ofits responsibility and its obligation to the industry,
the employee, the consumers and thecountry.
viii) There should be delegation of authority to local managements where there
areseveral units of a company. Delegation of authority is very essential for collective
bargaining as for successful management in general. the man at the bargaining
tablemust have wide powers to negotiate the contract and the people at the other side
of thetable must aware of it.The collective bargaining in India has not made that of
much headway as in some othercountries because of the following factors,1) Absence
of enlightened management .a few managements or employers are stillallergic to
trade unions.2) Weakness of trade unions due to their multiplicity, intra and inter
union rivalries, poorfinancial conditions, lack of leadership.3) Easy availability of
govt.interventions for conciliation and compulsory adjucation ofdisputes.4) Surplus
manpower
5) Restricted rights of workers and employers tostrike and lock out.6) Different
political affiliation of union and consequent political rivalry make difficultto
settle the disputes amicably by mutual negotiations7) Lack of mutual trust,
respect and sprit of give and take8) Unfavorable political and economic climate
since the government through want toencourage collective bargaining is not
prepared to allow endless trails of strength forfear of planned economy of the
country long disrupted.
Nature of collective bargaining.
Collective bargaining has existed in united state since the early 1800s.however,
it didn‘t
develop to its resent form until recently. In the early days the general practice
was thateither employer or unions, depending upon their relative economic
strengths, wouldnotify the other party of wage rates and other conditions of
employment which isindented to put into effects. there as very little
negotiations and discussion between the parties. if one party refused to accept
the terms imposed by the other, then either a strikeor lockout as ensured. The
bargaining is collective in the sense that the chosenrepresentative of
employees in carrying out negotiations and dealing with management.The
process may also be considered collective in the cases of the corporation where
paid professional manager represents the interest of the stock holders and the
board ofdirectors in the bargaining with the union leaders. On the employer
side it is alsocollective on those common situations where companies have
joined together as anemployer association for the purpose of bargaining with a
union.
Subject matter of collective bargaining:
1) Union recognition and scope of bargaining unit.
2) Management‘s rights.
3) Union security.
4) Strikes and lock outs.
5) Union activities and responsibilities
6) Wages
7) Working hours and conditions
8) Discipline, suspension and discharge
9) Grievance handling and arbitration.
10) Health and safety
11) Insurance and benefit programs
Objective and scope of collective bargaining:
The objective of collective bargaining is a labor-management
agreement.colective bargaining is generally referred to as a contract. In early
days, agreements were merely list of wages to be paid to the various
occupational groups covered. Today, there are tremendous variations in labor
management agreements. The negotiations of wages are a very complicated
matter. Different arguments are put forward .the criteria put forward by unions
used in wage negotiations are,
i) Changes in the cost of living
ii) Wage uniformity
iii) Changes in productivity
iv) The ability of employer to pay. Several of the criteria used by the unions in
seeking wage increases are also used by managements in resisting such
demands. It is often argued by managements that increases in productivity are
not the result of greater labor effects but stem of improve products and
production price
ss. If these s gains are sustained, managements‘ feels that sizable part of the
earnings need to be ploughed back into new equipments.Managements in
most cases is willing to concede that workers should have a share ingains
resulting from productivity .but the issue is the proportion that should go
toworkers of a particular company. It is frequently claimed by management
that if higherwages are granted that increase cost will lead to drop in
employment. While union pressfor wage uniformity, management greatly
objects to this criterion serve as a codedefining the rights and obligations of
ach party in their employment relations with oneanother.
Factors of success of collective bargaining
Lester and sister outline factors which determine the success of collective
bargaining.They have been grouped into
i) Economic environment factors
ii) Psychological factors and structure of power relation
iii) Nature and characters of the product market
iv) Nature of labor market
v) Capital requirement and cost conditions
vi) Types of industrial relationship.
Nurse manager role in collective bargaining:
Nurse Manager should evaluate their management skills and take continuing
education course to improve them. Motivational techniques are particularly
important for nurse administrator to possess because they work through
others. They must listen carefully to staff concerns about represent staff
associations wishes to top management .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
advisory 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 managers 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.
Steps In Collective Bargaining

Assemble a group of nurses who support collective bargaining.

Arrange a meeting with a representative of the state nurses‘ association.
Assess the feasibility of an organizing campaign.
Conduct necessary research to develop a plan of action.
Establish an organizing committee and subcommittees.
Begin the process of obtaining union authorization cards.
Schedule an informal meeting for nurses eligible for the collective bargaining
unit.
Keep the lines of communication open with nurses.
Seek voluntary recognition from the employer.
Move toward formal organization of the unit.
Seek certification by the National Labor Relations Board as the exclusive
bargaining agent of the unit.
Initiate contract negotiations
Nurse Manager’s Role In Collective Bargaining
Unions may increase the cost for the hospital and limit the authority of its
managers.
Know the law, and make sure rights of the nurses as well as management are
clearly understood.
Act clearly within the law, no matter what the organization delegates to you as
manager.
Find out the reasons the nurses want collective action.
Discuss and deal with the nurses and the problems directly and effectively.
Distribute lists of disadvantages of unionization, such as paying dues.
Distribute examples of unions that did not help with patient care issues.
Nurse’s / Employees 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
Set meeting times conveniently around shift changes and assist with child care
during meetings.