Collective bargaing

COLLECTIVE BARGAINING :HEALTH CARE
LABOUR LAWS , UNIONS,PROFESSIONAL
ASSOCIATIONS, ROLE OF NURSE MANAGER
By-
AMIT NEWTON

What is collective bargaining ?
It is a mode of fixing the
terms of the employment by
means of bargaining between an
organized body of employees or an
employer or an association of
employees ,usually acting through
duly authorized agent.

Collective bargaining is
fundamentally a method of
joint regulation as it
necessarily involves both the
parties directly interested in
the industrial relations.

Definition of Collective bargaining
Negotiations about working conditions
and terms of employment between an
employer , a group of employers or one or
more employers of organization on one
hand and one or more representative
organizations of workmen on the other
hand with a view to reach agreement.

Encyclopaedia of social sciences
“a 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 condition
of work.”

CHARACTERISTICS
OF
COLLECTIVE BARGAINING

1. It is a group action as opposed to
individual action and initiated
through the representatives of
workers.
2. It is flexible and mobile and not
fixed or static.

3. It is a continuous process which
provides a mechanism for
continuing and organized
relationship between
management and trade union
/association.

4. It is a two party process. It is
mutual give and take .
5. It is dynamic and not a static.
6. It is an industrial democracy in
work.

Subject matter of Collective
Bargaining

1. Union recognition and scope
bargaining unit.
2. Management rights
3. Union security strikes and lockout
4. Union activities and responsibilities

5. Wages
6. Working hours and working condition
7. Job rights and seniority
8. Discipline , suspension and discharge

10. Grievance handling and arbitration
11. Health and safety
12. Insurance and benefit programs

Importance of Collective
Bargaining

It is best suited to the concept of
industrial democracy.
Ensures an important status for
workers.
Ensures lasting industrial peace.

It is superior to statutory
regulation
Foster responsibility on the part
of both workers and employers.

It presupposes worker’s right to
strike and employer’s right to
lockout.
Prevent disputes

Types of Collective Bargaining

What is Negotiation ?
Is a dialogue intended
to resolve disputes,
to produce an
agreement upon courses of
action ,to bargain for individual or
collective advantage .

Principles of negotiation
1.Be friendly in negotiation.
Introduce everybody.
2.Be willing to listen.
3.Give everyone an opportunity
to state his position.

4. Always keep in mind the right
and fair thing to do.
5. Donot try to guide the discussion
along a straight line directed
toward solving problem.

6. Define each issue clearly and
discussing and discussing in the
light of all available fact.
7. At all times search only for
correct and real situation.
8. Avoid all precise.

9. Consideration should be given to
fatigue and mental attitude in
determining the length of session.
10. Both parties should respect the
rights of public at all times.

Collective Bargaining Process
Major issues in collective
bargaining

i. Wage related issues
ii. Supplementary economic
benefits
iii. Institutional issues
iv. Administrative issues

Tactics of Bargaining
•Counterproposals
•Trade-offs
•A Recess
•Delay of items

• Publicity
• Mediation
Other options
• Strike
• Picketing

• Contract arbitration
• Boycotts

Strike is a stoppage of work called
by a union to place bargaining
pressure on management.
Types of strike
i.Recognition
ii.Economic

iii. Jurisdictional
iv. Wildcat strike
v. Sit-down
vi. Sympathy

Why Collective bargaining is not
speeding in India?
1.Absence of enlightened
management
2.Weakness of trade union
3.Easy availability of govt.
intervention

4. Surplus manpower.
5. Different political affiliation of
unions and consequent political
rivalry

v. Restricted rights of workers and
employers to strike out and lockout.
vii. Lack of mutual trust, respect and
spirit of give and take.
viii. Unfavorable political and economic
climate.

Problems of Collective Bargaining
• Collective bargaining is becoming
a competitive process.
• Can create a culture where
sectoral interest may have
priority even over national
interest.

•Trade union representative
come to the bargaining table
not equipped with adequate
information.

Factors for the success of Collective
Bargaining
1.Economic environment factors.
2.Psychological factors and
structure of power relation.
3.Nature and character of product
market.

4. Nature of the labor
market
5.Capital requirement and
cost condition
6.State of business condition

7. Types of industrial
relationship
a. Employers’ attitude
b. Worker’s attitude
c. Government policy

Health Care Labour Law
The term “Labour Law” refers to
that body of laws which are
enacted to protect and promote
the interest of the working class in
society.

Collective labour law
Collective labour law
concerns the tripartite
relationship between
employer, employee and trade
union.

Indian labour law
• Refers to laws regulating
employment in India.
• There over 50 national laws
and many more state-level
laws.

Need for Labour Law
• To protect women and children
from work under hazardous
condition and at odd hours.
• To make provision for safety and
health of workers.
• To maintain industrial harmony
and peace.

• For protection of labour against
unhygienic conditions of work , low
wages , unduly long hours of work
and other forms of exploitation.
• Legislation help to protect the
interest of labour and therefore ,
contribute to the development of the
nation.

• To encourage the healthy and
strong union.
• To provide reasonable
compensation to worker who
get injured and even die during
the course of employment.

Principles of labour legislation
Fundamental principles on which
the labour laws are based on –
• Social justice
• Social equity
• National economy
• International uniformity

Classification of Labour Law
• Law related to industrial Relation
a. The Industrial Dispute Act,
1947
b. The Trade Union Act, 1926
c. The Industrial Employment
(standing order) Act 1946

• Laws related to Compensation
a. The Payment of Wages
Act,1936
b. The Minimum Wage Act , 1948
c. The Payment of Bonus Act,
1965
d. The Equal Remuneration Act ,
1976

• Laws related to Working Condition
a. The Factories Act,1948
b. The Shops and Establishment Act ,
1957
c. The Contract Labour ( Regulation
and Abolition ) Act, 1970
d. The Mines Act,1952
e. The Plantation Labour Act ,1951

The benefit related to health care
provided by various labour laws
includes-
• Maternity benefit
• Accidental benefit

UNION
A trade union or labor
union is an organization of
workers who have banded
together to achieve common
goals such as better working
condition.

The trade union, through
its leadership, bargains with the
employer on behalf of union
members and negotiates
labour contracts (collective
bargaining) with employers.

• Trade unions originated in
Europe.
• Became popular during the
Industrial Revolution.

Definition
Trade Union is a continuing,
long-term association of employees,
formed and maintained for specific
purpose of advancing and protecting
the interest of members in their
working relationship.
Dale Yoder

Characteristics of Trade Union
1. Association of either
employers, or employees or
independent workers.
1.Permanent combination.

3. Basic objectives are to protect
and advance economic , social
and vocational interest of their
members.
4. Ready to meet the challenges
emanating from the changes in
technology and changes in
environment.

Why do workers join Trade
Union ?

They want -
• To get economic security.
• To restrain the management from
taking any action which is
irrational , illogical ,discriminatory
or prejudicial to the interest of
labour.

• To communicate their views ,
aims, ideas , feelings and
frustrations to the
management.
• To get along with their fellow
workers in a better way.

• To secure protection from
economic hazards beyond their
control ( like illness , accident).
• To get a job through the good
officers of a Trade Union.

Objectives of Trade Union
1. To defend or improve the
wages and working conditions
of workers and to bring about
a change in the economic
order.

2. To overthrow capitalism and to
bring about a revolutionary and
fundamental changes in the
political order.
3.To replace managerial
dictatorship by workers’
democracy and to bring about a
change in the social order.

1.Intramural
2. Extramural
3. Political

According to Trade Union Act ,
1926
Primary function of Trade Union
is that they must work to protect
and promote the interest of the
workers and the conditions of
their employment.

Besides this primary function the
Trade Union in India is committed
the following functions-
1.To secure better wage and living
conditions for their members.
1.To acquire the control of industry
by workers.

3. To provide workers self –
confidence and a feeling of
identity in the organization
4. To make up welfare measures for
improving morale of the workers.

According to National Commission of
Labour,
Trade Union should give greater
attention -
• To secure fair wages for workers.
• To enlarge opportunities for
promotion and training.

• To promote individual and
collective wellbeing.
• To promote identity of interest of
the workers.
• To broaden the understanding of
workers and facilitate
technological advancement.

• To become instrument for
constructive purposes as
promotion of national
integration , influencing of
socioeconomic policies of the
community through active
participation.

Principles of Trade Union
3 cardinal principles-
• Unity is strength
• Equal pay for equal work or for
the same job.
• Security of service.

1. Restricted shop
Legal- When the
management
does what it can
to keep a union
out without
violating the act.
Illegal - allow
the activities
that are
specifically
prohibited by
law.

2. Open shop : A true Open shop is
one in which there is neither a
union present nor a management
program to promote or keep out a
union.

3. Simple Recognition shop : It is
one in which management has
recognized a union as the
official and exclusive bargaining
agent of all employees in its
area of jurisdiction.

4. Agency shop : All the employee
pay union dues whether or not
they are members of the union.

5. Maintenance of-membership
shop: This shop is compromise
between freedom to join or not
join a union and compulsory
unionism.

6. Modified Union shop :This is form
of compulsory unionism. Within a
stipulated period the employee
must join the union.

7. Union shop : The grace period for
a full union shop could be no
shorter than 30 days. All
employees will be union
members.

7.Closed shop : An employee must
be a union member at the time of
hiring . The union become the
only source of labour for the
employer.

Trade Union Act,1926
The Act provides for the
registration of the Trade Union
and define the law related to such
Union.
The Act define a Trade Union as--

“ Any combination, whether temporary or
permanent formed primarily for the
purpose of regulating the relations
between workmen and employers or
between workmen and workmen , or
between employers and employers , or for
imposing restrictive conditions on the
conduct of any trade or business and
includes any federation of two or more
trade union.”

Registration of Trade Union
• Application to the Registrar of
Trade Union.
• Application must contain-
i.Names, occupations and address
of the members making the
application.

ii. The name of the Trade Union and
the address of its head office.
iii. The titles , names , age, address
and occupation of the office
bearers of the Trade union.

Cancellation of Registration
Done by Registrar-
i.On the application of Trade
Union to be verified in such
manner as may be prescribed.
or

ii . If the certificate has been
obtained by fraud or mistake ,
or that the Trade Union has
ceased to exist or has willfully
and after notice from the
Registrar…..

Professional Association
A professional association (also called a
professional body, professional organization, or
professional society) is a non-profit organization
seeking to further a particular profession , the
interests of individuals engaged in that
profession, and the public interest.

Professional Association is a
collective organization of
professional workers such as
Nurses , Doctors , Lawyer etc.

Role of Professional Associations
- A group of people in a learned
occupation who are entrusted
with maintaining control or
oversight of the legitimate
practice of the occupation.
- A body acting "to safeguard the
public interest”.

- A
organization which "represent
the interest of the professional
practitioners," and so "act to
maintain their own privileged
and powerful position as a
controlling body .’’

-Often act as a labour union for the
members of the profession. They
involve in collective representation
and collective bargaining.

Current Trends and Issues in
Collective Bargaining
• Wage Bargaining
• Women’s Issues
• Job security

• Productivity
• Technological change
• Quality of work life

To summarize -
• All the trade unions are generally
democratically selected or elected
representative of the same.
• The leaders of the union acts as a
party in the negotiation or
collective bargaining.

• They have the support of
employee/members of trade union
on their back .
• It is generally the proficiency of
leader to get the desire goal for
the entire union.

• The better is the leader or the
process of selecting them , better
is the result or output of the
collective bargaining or
negotiation.

Collective bargaing

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Collective bargaing