PRESENTATION

ON
COLLECTIVE BARGAINING

Guided by
MR. CHINMAYA Presented by
CHOUDHURY
TUTOR,
Mr. Pankaj Kumar
DEPARTMENT OF M.S.N Jena
COLLEGE OF NURSING,
VIMSAR, BURLA. M.Sc Nursing, 2nd year.
College of Nursing,
VIMSAR, Burla.
DEFINITION

Collective bargaining has been defined as

the 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 conditions of work.
Cont.
Negotiation about working conditions and
terms of employment between an employer
and a group of employees or one or more
employee, organization with a view to
reaching an agreement wherein the terms
serve as a code of defining the rights and
obligations of each party in their employment
relations with one another.
- (International Labour Organization)
Cont.
According to Tudwig Teller,
“Collective bargaining is an
agreement between a single employer
or an association of employers on the
one hand and a labour union on the
other, which regulates the terms and
conditions of employment.”
 CHARACTERISTICS OF COLLECTIVE
BARGAINING
It is a collective process as both
employer and employee participate.
It is continuous process, which aims
at establishing stable relationship
between two parties involved.
cont.
It involves not only bargaining but also
implementation.
It attempts n achieving discipline in
industry.
It is a flexible approach, as the parties
involved have to adopt a flexible
attitude towards negotiations.
 OBJECTIVES OF COLLECTIVE
BARGANING
To maintain cordial relations
between employer and employee.
To promote democracy.
To protect the interest of workers.
Cont.
To prevent unilateral actions to
employees.
To avoid the government intervention .
To ensure the participation of trade
unions.
To save the time and money spent on
legal battle.
To promote participative management.
 IMPOTRANCE OF COLLECTIVE
BARGAINING
Collective bargaining results better understanding
between both parties. Both employer and
employee gain better insight into the problems and
aspirations of workers.
Collective bargaining is a democratic and
pragmatic method of regulating the terms and
conditions of employment .here parties are
directly concerned with problems related to issues
of their industry .whether it is health industry or
any other enterprise.
Cont.
Collective bargaining provides flexible means of
adjusting wage structure and physical facilities
provided by the employer .both parties can meet
any time to solve the problems faced by the
employers and employees of an institution with
democratic way.
Collective bargaining helps the employees
from the exploitation of employer .rights of
both parties are saved with mutual
understanding.
Cont.

Collective bargaining helps in

implementation of decisions because
of direct involvement of both parties
in any type of issues.
It helps in motivating the employers
that leads to more production and
achieving the laid down objective of
any organization.
•PREREQUESTES OF COLLECTIVE BARGAINING :-
•Freedom of association and independence of unions.

•Stability of organizations of workers and employers .

•Favorable political climate –The government should not

only be sympathetic but also encourage collective
bargaining and agreements.

•Mutual trust and respect and also willingness on the part

of the parties concern to settle all matters by collective
bargaining or negotiation .
Bargaining power of each party depends on the :-

• Strength of its organization

• Knowledge and skill of negotiation of its

representatives.

• Trade recession or boom and shortages

 FACTORS FOR THE SUCCESS OF COLLECTIVE
BARGAINING

•Economic environment factors .

•Psychological factors and structure of

power relation .

•Nature and character of the product

market .

•Nature of the labour market .

Cont.
Capital requirement and cost conditions .

State of business conditions.

Types of business conditions.

Types of industrial relationship.

FOUR MAIN ACTIVITES OF COLLECTIVE
BARGAINING

1. Distributive Bargaining

2. Integrative Bargaining

3. Attitudinal Structuring

4. Intra- organizational Bargaining

 PROCESS OF COLLECTIVE
BARGAINING
PREPARATORY PHASE
DISSCUSSION PHASE
PROPOSAL PHASE
BARGAINING PHASE
SETTLEMENT PHASE
FORMALIZING AGREEMENT
ENFORCING AGREEMENT
PREPARE

 Selection of negotiation team.

 Identification of the problem
 Examination of situation and issues for negotiation
 Collection of data.
DISCUSS
 Decide an appropriate time and set a proper
climate for negotiation.
 Decision on ground rules.
 Maintenance of mutual trust and understanding.
 Involve in active listening ,asking question and
summarizing decision. ’
 Collective Bargaining.
PROPOSE

Initial opening of statements

Possible alternatives/Opinions to resolve the issues
by both parties.
Brainstorming
BARGAIN
 During this bargaining phase ,both parties involves
in the following activities:-
 Problem solving
Proposals.
SETTLEMENT

Consensus agreement on
common decision
 Negotiated change.
FORMALIZATION OF AGREEMENT

 Drafting of agreements:- After good faith

bargaining ,a formal document must prepare .it
should be simple ,clear and concise.
Signing the agreement:- Both parties sign the
agreement and abide by its terms and conditions .
ENFORCING THE AGREEMENT

To have the agreement effective and

meaning ,it should be enforced or
implemented immediately.
 LEVELS OF COLLECTIVE
BARGAINING

ECONOMY-WIDE (NATIONAL)

Bargaining is a bipartite or tripartite form of

negotiation between union confederations, central
employer associations and government agencies.
SECTORAL BARGAINING:-
 Bargaining may be either broadly or narrowly
defined in terms of the industrial activities covered
and may be either split up according to territorial
subunits or conducted nationally.
ENTERPRISE LEVEL:-
It involves the company and/or
establishment.
It emphasizes the point that bargaining
levels need not be mutually exclusive .
FUNCTIONS OF COLLECTIVE
BARGAINING
Butler has viewed the functions as : -
 A process of social change
 A peace treaty between two parties
 A system of industrial jurisprudence .
 A PROCESS OF SOCIAL
CHANGE
 Collective Bargaining enhances the status of
the working class in the society .wage earners
have enhanced their social and economic position
in relation to other groups .
Employers have also retained high power and
dignity through collective Bargaining .
A PEACE TREATY BETWEEN
TWO PARTIES
 It serves a peace treaty between the employers
and employees.
 However the settlement between the two
parties is a compromise.
 A SYSTEM OF INDUSTRIAL
JURISPRUDENCE.
 It creates a system of industrial jurisprudence It is
a method of introducing civil rights into industry.
 It established rules , which define and restrict
the traditional authority under joint
control of union and management.
 SUBJECT MATTER OF COLLECTIVE
BARGAINING
Employment  Incentive schemes
Recognition of union  Housing & transport facilities

Wages and allowances, hours  Issues related to discipline and stop

of work
Leave and festival holidays
Bonus & profit sharing
schemes
Seniority and rationalism
Fixation of workloads
Standard of labor force
PF, gratuity and other
rules
 Working conditions
 Issues related to safety and accident
prevention, occupational diseases
and protective clothing
 Employment benefits such as
canteens, medical & health services
and crèches
 Administration of welfare funds

retirement benefit schemes  Cooperative thrift and credit

societies
 Educational recreational and
 IMPOTRANCE OF COLLECTIVE
BARGAINING
IMPORTANCE TO EMPLOYEES
Collective bargaining develops a sense of self
respect and responsibility among the employees.
It increases the strength of the workforce, thereby,
increasing their bargaining capacity as a group.
Collective bargaining increases the morale and
productivity of employees.
Cont.
It restricts management’s freedom for arbitrary
action against the employees.
The workers feel motivated as they can approach
the management on various matters and bargain for
higher benefits.
It helps in securing a prompt and fair settlement of
grievances.
Cont.
 It provides a flexible means for the adjustment of wages
and employment conditions to economic and technological
changes in the industry, as a result of which the chances for
conflicts are reduced.
 Cont.
IMPORTANCE TO EMPLOYERS
It becomes easier for the management to resolve
issues at the bargaining level rather than taking up
complaints of individual workers.
Collective bargaining tends to promote a sense of
job security among employees and thereby tends to
reduce the cost of labor turnover to management.
Cont.
Collective bargaining opens up the channel of
communication between the workers and the
management and increases worker participation in
decision making.
Collective bargaining plays a vital role in settling
and preventing industrial disputes.
 Cont.

IMPORTANCE TO SOCIETY
Collective bargaining leads to industrial
peace in the country.
The discrimination and exploitation of
workers is constantly being checked.
It provides a method or the regulation of the
conditions of employment of those who are
directly concerned about them.
 NURSES PARTICIPATION IN
COLLECTING BARGAINING
Collective bargaining for nurses usually occurs in
states where there is significant trade union
activity. At present, there are few nurses involved
in collective bargaining. All nurses need to involve
and understand the benefits of unions.
Cont.
Unions stimulate better hospital management by
fostering formal, central and consistent personnel
policies with better lines of communication.
Unions lead to improvement in the work place so
that Recruitment and retentions become easier.
 ROLE OF TNAI IN BARGANING AND
POLICIES FOR STRIKE
According to Trained Nurse Association of India, the
association cannot be legally appointed as a negotiating
body at a local, state or national level. It is also well
documented that the nurses formed the service association
in various states and in many places they also joined
paramedical workers and even fourth class employees
unions where they lose their professional standing.
Cont.
To approach union/state Governments and other
employing agencies to form Grievances
committees solve all local problems, personal or
professional, wherever possible.
Unions stimulate better hospital management by
fostering formal, central and consistent personnel
policies with better lines of communication.
Unions lead to improvement in the work place so
that Recruitment and retentions become easier.
 Cont.
To have a state level committee with a TNAI
representive to act as arbitrary in cases referred to by
the local Grievances committee.
To encourage and assist state government Nurses
services Associations in recognizing negotiating
bodies by the employers.
Cont.
The association would extend cooperation and
create opportunities for joint activities and action
under terms and conditions, where the state
Government Nursing organizations already exist.
TNAI and its members will not support any strike
controlled or voted by any union or organization
which includes employees other than nurses.
Cont.
The TNAI members may support a strike action
where the welfare of the member of the profession
as a whole, or the improvement of nursing services
to the community and the State Government
Nursing Association and State Branch ,TNAI agrees
under following conditions:-
Cont.
The grievances if exist, be thoroughly investigated
by the Government Nurses Association and send a
report to local or state TNAI Executive.
The State Branch Executive, TNAI should be
satisfied with the report.
 Cont.
The association will legally approach the
authority for the correct situation.
If no action is taken by the authorities despite all
efforts, the members of the Government Nursing
association will be asked to vote for strike.
A strike notice should be given at least two
months before the date of strike.
Cont.
Action plans to be used including rendering
emergency nursing care during the strike should be
made jointly by the Government Nurses
Association and TNAI.
Inform all members about the action plan and to
acts as professional during the strike.
Advantages and disadvantages of
collective bargaining:
Advantages: Disadvantages:
Equalization of power. Adversary relationship.
Viable grievance Strikes may not be
procedure. prevented.
Equitable distribution Leadership may
of work. difficult to obtain.
Professionalism Unprofessional
promoted. behavior.
Nurses control practice. Interference with
management.
Books:
Basavanthappa BT. Nursing administration. 2nd ed. New
Delhi. Jaypee. 2009.
Deepak.K, Sarath Chandran. C,Mithun Kumar. B. P. (2019),
A Comprehensive Textbook on Nursing Management; 2nd
edition: publish by EMMESS medical publisher,

Mahalashmipuram. Bangalore-560086;Pp-245-252.
JogindraVati. Principles &practice of nursing management
and administration, I ed., New Delhi, Jaypee Brothers
Medical publishes (P) Ltd. 2013
 Cont.

Journals:
Mathiesen, Kay. "labor laws on unionization and collective
bargaining — comparative study". Journal of information Ethics.
3(2009):245-567. Print.
Kjellberg, Anders (2019) 
"Sweden: collective bargaining under the industry norm", in Torsten
Müller & Kurt Vandaele & Jeremy Waddington (eds.) Collective
bargaining in Europe: towards an endgame, European Trade Union
Institute (ETUI) Brussels 2019. Vol. III (pp. 583-604).
Web Doi:
https://en.wikipedia.org/wiki/Collective_bargaining
https://www.britannica.com/topic/collective-bargaining
https://www.ilo.org/global/topics/collective-bargaining-labour-relatio
ns/lang--en/index.htm