COLLECTIVE BARGAINING

its relationship to stakeholders

By:
Yogesh Dubey
 Introduction
• Extends to all negotiations between
employers and workers.
• Method by which trade unions protect,
safeguard and improve the conditions of their
members working lives.
• This article examines the relationship of
collective bargaining with certain group of
stakeholders during a negotiation.
 Collective Bargaining
• Provides opportunity to formulate rules by
mutual consent.
• Unions sharing governance with management
• The employer employee relationship is a pre-
condition for collective bargaining.
• State has also come to play a notable role in
regulating various aspects of CB.
• Nature of CB is changing and dynamic.
 CB and the Stakeholders
• Government in the west collective bargaining
takes place in its most advanced form where
as in socialist countries CB is rarely seen.
• Employers
perspectives are generally conflicting
win-win situation can be achieved by
cooperation and collaboration
CB has become a process of “give and take”.
 CB and the Stakeholders
• Workers and trade unions
Increases the power
Helps in securing more wages and benefits for
their members
• Consumers and Community
where unions and management enter into
collusive agreements, they may prove
detrimental to the interests of the consumers
and community.
 Hurdles in india
• Recognition of unions
There is no statutory compulsion for the employers
to recognize representative unions.
• Ineffective procedures
The determination of representative character of
unions often becomes a very difficult task.
 Hurdles in india
• Outside leadership
A large number of trade unions are dominated
by outside leaders who are also active workers
of some political party
So, when one union is recognized for CB other
unions try to dislodge it.
There is a need to build up strong internal
leaders
 Hurdles in india
• Elaborate adjudication machineries
A number of adjudication machineries established
under IDA 1947 are operational.
A large number of disputes are referred to these
authorities and during their pendency it is very
difficult for the parties to enter into negotiations.
• Restrictions on strikes and lock-outs
Considerable restrictions have been imposed on
strikes and lock-outs under IDA 1947.
 Hurdles in india
• Coverage of labour laws
Number of protective laws have been in
operation, had the coverage of laws been
narrow, the trade unions would have relied
more on collective bargaining than on other
methods.
• Inadequate unionisation
Only a small percentage of workers have been
organized on a regular basis.
• Other factors