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21799324-Collective-Bargaining

Apr 09, 2018

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Pankaj Bhardwaj
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    What isCollective

    Bargaining?

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    Definition Collective bargaining is a type of negotiation used by employees

    to work with their employers. During a collective bargaining period, workers' representatives

    approach the employer and attempt to negotiate a contractwhich both sides can agree with.

    Typical issues covered in a labor contract are hours, wages,benefits, working conditions, and the rules of the workplace.

    Once both sides have reached a contract that they findagreeable, it is signed and kept in place for a set period of time,most commonly three years.

    The final contract is called a collectivebargaining agreement, to reflect the factthat it is the result of a collective

    bargaining effort. The parties often refer to the result of

    negotiation as a Collective BargainingAgreement (CBA) / as a Collective

    Employment Agreement (CEA).

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    F

    eatures:It is a collective process.The representatives of both workers and

    management participate in bargaining.

    II. It is a continuous process. It establishesregular and stable relationship between the

    parties involved. It involves not only thenegotiation of the contract, but also the

    administration of the contract.

    III. It is a flexible and dynamic process. Theparties have to adopt a flexible attitude

    through the process of bargaining.

    IV. It is a method of partnership of workers inmanagement

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    Importance to societyCollective bargaining leads to industrial

    peace in the country.

    It results in establishment of aharmonious industrial climate whichsupports, which helps the pace of a

    nations efforts towards economic andsocial development since the obstaclesto such a development can be reduced

    considerably.

    The discrimination and exploitation ofworkers is constantly being checked.

    It provides a method or the regulationof the conditions of employment ofthose who are directly concerned

    about them.

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    Importance to employers

    It becomes easier for the management to resolveissues at the bargaining level rather than taking

    up complaints of individual workers.

    Collective bargaining tends to promote a sense ofjob security among employees and thereby tends

    to reduce the cost of labor turnover to

    management.Collective bargaining opens up the channel of

    communication between the workers and themanagement and increases worker participation

    in decision making.

    Collective bargaining plays a vital role in settlingand preventing industrial disputes.

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    .

    Importance to employees

    Collective bargaining develops a sense of self respectand responsibility among the employees.

    It increases the strength of the workforce, thereby,increasing their bargaining capacity as a group.

    Collective bargaining increases the morale andproductivity of employees.

    It restricts managements freedom for arbitraryaction against the employees..

    The workers feel motivated as they can approach themanagement on various matters and bargain for

    higher benefits.

    It helps in securing a prompt and fair settlement ofgrievances.

    It provides a flexible means for the adjustment ofwages and employment conditions to economic andtechnological changes in the industry, as a resultof which the chances for conflicts are reduced.

    Impasse

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    Collective Bargaining

    Process In many companies, agreements have a fixedtime scale and a collective bargaining processwill review the procedural agreement when

    negotiations take place on pay and conditionsof employment.

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    (1) Prepare This phase involves composition of a negotiation

    team. The negotiation team should consist of

    representatives of both the parties with adequateknowledge and skills for negotiation.

    In this phase both the employers representatives

    and the union examine their own situation in orderto develop the issues that they believe will be mostimportant.

    A correct understanding of the mainissues to be covered and intimate

    knowledge of operations, workingconditions production norms andother relevant conditions isrequired.

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    (2) Discuss

    The parties decide theground rules that will guidethe negotiations.

    An environment of mutual

    trust and understanding isalso created so that thecollective bargainingagreement would bereached.

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    (3) Propose It involves the initial opening

    statements and the possible optionsthat exist to resolve them. In a word,

    this phase could be described asbrainstorming. The exchange ofmessages takes place and opinion ofboth the parties is sought.

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    (4) Bargain

    Negotiations are easy if a problemsolving attitude is adopted.

    This stage comprises the time whenwhat ifs and supposals are set forthand the drafting of agreements takeplace.

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    (5)Settlement Once the parties are through with the

    bargaining process, a consensualagreement is reached upon wherein boththe parties agree to a common decisionregarding the problem or the issue.

    This stage is described as consisting ofeffective joint implementation of theagreement through shared visions,strategic planning and negotiatedchange.

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    Levels of collectivebargaining

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    Economy-wide (national)

    Bargaining is a bipartite ortripartite form of negotiationbetween union confederations,central employer associations

    and government agencies. It aims at providing a floor

    for lower-level bargaining onthe terms of employment,often taking into accountmacroeconomic goals.

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    (b) Sectoral bargaining:

    It aims at the standardization of the terms ofemployment in one industry, includes a range ofbargaining patterns.

    Bargaining may be either broadly or narrowlydefined in terms of the industrial activities

    covered and may be either split up according toterritorial subunits or conducted nationally.

    (c) Enterprise Level: It involves the company and/or

    establishment. It emphasizes the point that bargaining

    levels need not be mutually exclusive.

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    g.

    Problems of Collective Bargaining

    I. Due to the dominance of outsiders in trade unionism inthe country, there is multiplicity of unions which areweak and unstable, and do not represent majority of

    the employees. Moreover, there are inter-unionrivalries, which further hinder the process of

    collective bargaining between the labor and themanagement.

    II. Trade unions are having political affiliations, theycontinue to be dominated by politicians, who use theunions and their members to meet their political ends.

    III. There is a lack of definite procedure to determinewhich union is to be recognized to serve as a bargaining

    agent on behalf of the workers

    IV. There has been very close association between thetrade unions and political parties. As a result, trade

    union movement has leaned towards politicalorientations rather than collective bargaining.

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