COLLECTIVE BARGAINING
The term collective bargaining is used because both the employer and employees come
together and put a collective effort to establish mutually agreeable terms and conditions for
employment. Bargaining is the process of cajoling, debating, discussing, and even threatening
so as to arrive at an amicable agreement those being represented.
Due to rapid social change and classification with values and
norms, the nurses are always striving to words collective bargaining in order to meet their
professional and personal needs. Although the nursing profession has been represented by a
professional association say trained nurses association of India since 1908, it means the
collective negotiating between the employer and the employee, relating their work situation
DEFINITION
The national associates of manufacture (USA) defined the process of collective bargaining as
a method by which management and labour may explore each other’s problems and view
points, and develop a framework for employment relation with in which both may carry on
their daily associations in a spirit of cooperation goodwill and for their mutual benefit.
Collective Bargaining is the agreement between the a single employer or an association of
the employers on the one hand and labor union on the other Collective Bargaining is the
processes in which the representative of a labor organization and the representative of the
business organization meet and attempt to negotiates a contracts or agreement.
Edwin Flippo
OBJECTIVES OF COLLECTIVE BARGAINING
To arrive at an agreement on wages and other conditions of employment
To maintain employee- employer relation bilaterally
To protect the interests of nurse employees through collective action
To negotiate voluntarily, yielding some concession and sacrifices by both parties
To bargain from a position of strength without exploiting the weaknesses
To resolve the differences between nurse employees and management through
negotiation
To have a peaceful co-existence for the mutual benefits and progress
CHARACTERISTICS OF COLLECTIVE BARGAINING
The following are the features of collective bargaining:
Collective: Collective bargaining is a two way group process were the employers
representative and employees representatives sit together to negotiate terms of
employment.
Strength: Both the parties in collective bargaining is strong and equal.
Voluntary: Both parties come to the negotiation table voluntarily in order to go in
particular negotiation. It is based on discussions, mutual trust, and understanding.
Formal: It is a normal process in which certain employment related issues are to be
regulated at national, organizational, and workplace levels.
Flexible: It is flexible and continuous process and not fixed or static.
Improvement: It is method to improve the employer – employees relation in the
organization and resolve and management and employees conflicts.
Representation: Collecting bargaining is between the representatives of employees
and management. The management does not directly deal with employees . It carries
negotiations with the representatives / executives of unions / associations .
Dynamic: Collective bargaining is dynamic, that go on changing over a period and
grows and expand the way of agreement, the way of implementation and way of
discussion.
Continuous: Collective bargaining is continuous and begins with agreement, the
implementation of agreement and further negotiation.
Bipartite process: Because the employee and employers representatives negotiate
directly face to face across the table.
PROCESS OF COLLECTIVE BARGAINING
The process of collective bargaining involves negotiation and discussion between the
management and union.it is complex process involving a number of procedures, techniques
and tools this process comprise of seven main steps
1. PREPARATORY PHASE
2. DISSCUSSION PHASE
3. PROPOSAL PHASE
4. BARGAINING PHASE
5. SETTLEMENT PHASE
6. FORMALIZING AGREEMENT
7. ENFORCING AGREEMENT PROCESS OF COLLECTIVE BARGAINING
PREPARATORY PHASE:
In this phase following activities are carried out
Selection of negotiation of team: it consist of representatives of both parties.
they should have adequate knowledge and skill for negotiation. they must to
know when to listen, when to speak, when to stand their ground, when to
concede and when to make counter proposal
Identification of problem.
Examination of situation, and issues for negotiation
Collection of data: enough supporting data kept ready. Initially time is spent to
gather relevant data related to issues.
DISSCUSSION PHASE
In this phase following activities are carried out
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 questions, observation and summarization decision
Collective bargaining
PROPOSAL PHASE or POSSIBLE ALTERNATIVES
INITIAL OPENING of statement
Possible alternatives / opinion to resolve the issues by both parties
Brainstorming
BARGAINING PHASE
During bargaining phase both parties are involving in the following activites
Problem solving
Proposal are set forth
SETTLEMENT PHASE
After bargaining phase settlement phase start with:
Consensus agreement on common decision
Negotiated change
FORMALIZING AGREEMENT
Drafting agreement: after good faith bargaining, aformal document must prepare, it
should be simple, clear and concise
Signing the agreement: both parties are sign the agreement and abide by its terms and
conditions.
ENFORCING AGREEMENT
To have the agreement effective and meaning, it should be enforced or implement
immediately
MERITS OF COLLECTIVE BARGAINING
It provide nurses the opportunity to have a voice regarding professional issues in
staffing and working practice as well as wages, benefits and working conditions.
Promote nurses democracy and their participation in management
Helps in establishing harmonious relationship between nurse employee and employer
Emphasis on the interest and benefits of the both parties
Eliminate unnecessary expenditure and avoid bitterness among nurses and their
employers
DEMERITS OF COLLECTIVE BARGAINING
The collective bargaining process may not be fair at all times
The decision often influenced by power and politics
The immediate consequence of collective bargaining if not fulfilled is strike or lock
out
TYPES OF COLLECTIVE BARGAINING
According to Fosson J A there are four types collective bargaining:
1. Distributive or conjunctive bargaining
2. Integrative or co-operative bargaining
3. Productivity bargaining
4. Composite bargaining
DISTRIBUTIVE OR CONJUNCTIVE BARGAINING
Conjunctive bargaining is the most common type of bargaining & involves zero-sum
negotiations, in other words, one side wins and the other loses. This involves
bargaining over the distribution of surplus. in this, economic issues like salaries ,
wages and bonuses. Economic issues like wages, salaries and bonus are discussed.
One party’s gain is another party’s loss. More competitive. e.g. Unions negotiate
for maximum wages.
INTEGRATIVE OR CORPORATIVE BARGAINING
Integrative bargaining is similar to problem solving sessions in which both sides are
trying to reach a mutually beneficial alternative, i.e. a win-win situation Both parties
may gain or neither party losses. Both the parties are trying to make more of
something.
PRODUCTIVITY BARGAINING
A form of collective bargaining leading to a productivity agreement in which management
offers a pay raise in exchange for alterations to employee working practices designed to
increase productivity.
COMPOSITE BARGAINING
Wages with equity.
PRINCIPLES OF COLLECTIVE BARGAING
For The MANAGE MENT
For the TRADE UNION
For Trade Union and Management
PRINCIPLES FOR THE MANAGEMENT
The management should be waiting for the trade union to bring employees grievances
to its notice but should rather create the condition in which the employees can
approach themselves without involving the trade union.
The management should only deal with the one trade in the organization.
They must form and follow a realistic labour policy
They should treat the trade union fairly
They should regularly check the rules and regulations to determine the attitude and
comfort of its employees
Must agree to reform the trade union without any reservations
The management should not wait for the trade union to bring employees problems
PRINCIPLES FOR THE TRADE UNIONS
The trade union should eliminate racketeering and other undemocratic practices
within their own organization
Trade union leaders should resort to strike only when all other methods of the
settlement of a dispute have failed
Trade union leaders should not imagine that their only function is to secure higher
wages, shorter hours of work and better working conditions for their members.
Trade union leaders should assist in the removal of such restrictive rules and
regulations that are likely to increase costs and prices and reduce the amount that can
be paid out as wages
PRINCIPAL OF UNION AND MANAGEMENT
Collective bargaining should be made an education well as a bargaining process.
It should offer to trade union leaders an opportunity to present to the managements.
There should be an honest, able and responsible leadership for only this kind of
leadership which make collective bargaining effective and meaningful.
There must be mutual confidence and good faith and a desire to make collective
bargaining effective in practice.
ROLE OF TNAI IN BARGAINING AND POLICIES FOR STRIKE
According to Trained Nurses 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 loss their
professional standing. Keeping in mind the necessity to better conditions for nurses and to
maintain the dignity and standard of the nursing profession the association framed following
regulation :
To approach union /State Governments and other employing agencies. To form
Grievances Committees solve all local problems , personal or professional , where
ever possible.
To have a state level committee with a TNAI representative to act as arbitrator in
cases referred to buy the local Grievances committee.
To encourage and assist State Government Nurses Service Association in recognizing
negotiating bodies by the employers .
The association would extend cooperation and create opportunities for joined
activities and action under terms and conditions , where the State Government Nurses
Organizations already exist.
TNAI and its members will not support any strike controlled on voted by any union ,
or organization which includes employees other than nurses.
The TNAl members may support a strike action where the welfare of the mebers of
the profession as a whole , or the improvement of nursing services to the community
and the state government nurses association and state branch, TNAI agrees under the
following conditions :
The grievances if exist be thoroughly investigated by the Government
Nurses Association and sent a report to the local or state TNAI executive.
The state branch executive, TNAI, should be satisfied with the report.
The association will legally approach the authority for correcting
situation .
If no action is taken by the authorities despite all efforts , the members of
the government nurses association will be asked to vote for strike.
A strike notice should be given at least two months before the date of
strike during this period the efforts should be made to pursue the
authorities and the public should be inform through the media about the
grievances of the nurses., the consequences on the care of patients and the
public ., the efforts already made ., assuring the public to provide nursing
care for all seriously ill patients and emergency cases during the strike.,
and asking for supports from the press and public.
Action plans to be used including rendering emergency nursing care
during the strike should be made jointly by the government nursing
association and TNAI.
Inform all members about the action plan and to act as professional
during the strike.
HEALTH CARE LABOUR LAWS
Law is a rule of being or of conduct, established by an authority able to enforce its will; a
controlling regulation; the mode or order according to which an agent or power or acts
The term law and legislation are used to refer generically to status, regulation and other legal
instruments that may be the form of law used in particular country
HEALTH CARE LAWS
Health care laws involves many facets of US laws, including torts, contracts, antitrust, and
insurance
INDIAN HEALTH CARE IMPROVEMENT ACT, 1976
The Indian Health Care Improvement Act ( IHCIA) , the cornerstone legal authority for the
provision of health care to American Indians and Alaska Natives , was made permanent when
President Obama signed the bill on March 23, as per of the Patient Protection and Affordable
Care Act. The authorization of appropriations for the IHCIA had expired in 2000, and while
various versions of the bill were considered by Congress since then , the act now has no
expiration date. The original version passed by Congress in 1976. It includes many major
changes and improvements to facilitate the delivery of health care service such as :
Enhancement of the authorities of the IHS director , including the responsibility to
facilitate advocacy and promote consultation on matters relatingto Indian health
within the Department of Health and Human Services.
Provides authorization for hospice, assisted living , long term, and home and
community based care.
Extends the ability to recover costs from third parties to tribally operated facilities.
Updates current law regarding collection of reimbursements from Medicare ,
Medicaid and CHIP ( Children’s Health Insurance Program) by Indian health
facilities.
Allows tribes and tribal organizations to purchase health benefits coverage for IHS
beneficiaries
Authorizes IHS to enter into arrangements with the Departments of Veterans Affairs
and Defense to share medical facilities and services.
Allows a tribe or tribal organization carrying out a program under the Indian self-
Determination and Education Assistance Act and an urban Indian organization
carrying out a program under Title V of IHCIA to purchase coverage for its
employees from the Federal Employees Health Benefits Program.
Authorities the establishment of a community health representative program for urban
organizations to train and employ Indians to provide health care services.
directs the HIS to establish comprehensive behavioural health,and treatment programs
for indian
Employees unions
Employees associations and unions are the part of human resource administration. Unions
and associations are nothing but the organizations of employees formed to promote ant
protect their interest by collective action
Trade union
Trade union is continuing long term association of employees formed and maintained for the
specific purpose of advancing and protecting the intrest of members in their working
relationship with the employers.
It is continuous association of wage earners for the purpose maintaining and improving
condition of their working lives.
-webb, Sidney and Beatrice
A trade union is a monopolistic combination of wage earners who as individual procedures
are complimentary to one another, but who stand to the employers in relation of dependence
for the sale their labour and even for its production and that the general purpose of
association is in the view of that dependence to strengthen their power to bargain with the
employers.
Cunnison
The trade union is a formal association of workers that promotes and protects the interests of
its members through collective actions.
FEATURES OF UNIONS
1. It is association of employees.
2. It is relatively permanent.
3. It is formed for securing certain economic and social benefits to members.
4. Its focus is on joint, coordinated action and collective bargaining.
OBJECTIVES OF UNIONS
To bargain for wages and salaries
To insist the compensation of work as per the nature of the job
To see the minimum wages are paid to the employees.
To ensure the due promotions are being given to deserving employees
To ensure that provision of adequate retirement benefits are there to meet employees
financial needs for the rest of the life
To fight the provision of proper working place, week and holidays, sick leaves , free
medical aid, etc
To negotiate to improve the social conditions within the services and improve the
human relations within the organization
To fight against improper implementation of personnel policies in respect of
recruitment, selection, promotions, transfers, training,etc.
To work as guide , consulting authority and negotiating machinery in overcoming the
personal problems of members
To safegouard the organizational health through various methods evolved for
grievance redressal and techniques adopted to reduce absenteeism, turnover and
improve employees relation.
PURPOSES OF UNIONS
To be the instrument for solving economic, social political and psychological
problems of the employees.
To secure the better wages better working condition
To enhance self respect and dignity
To fulfill of social needs, and stability of employment and other problems during
service.
Association
An association regarded as organization that brings members of the same profession together
for the exchange of information and experience and for the advancement of their profession,
e.g: nursing welfare association of india , student nurses association etc.
LEGAL STATUS AND GROWTH OF ASSOCIATIONS IN INDIA
ARTICLE 19AND 309 of the indian constitution are concerned with the legal status
of public employees associations. The employees organizations in government are
usually active during the post independence period.
It was the amalgmented society of railway servants of india and Burma(1897), formed
by the angloindians and domiciled Europeans employed in railways who established
the association of public employees to seek the redress of grivevances.
The indian civil service association came into being in 1918.
In 1922 the all india railway mens federation formed and soon after postal and
telegraphs employees union was formed
After the first world war , mahatma Gandhi and his followers aspires the civil servants
to form the associations
International labour organization (1919)gave the impetus of establishment of more
unions and association.
Employees organization formed after the formation of all india trade union congress
and the enhancement of trade union act, 1926.
In 1937 the following condition were prescribed for an association of civil servents
FEATURES OF ASSOCIATION
1. Association have the members of the same profession.
2. The members do not use militant method to press upon their demands.
3. They form association to meet periodically and discuss their problems and
share experiences.
4. They remain in touch with administrative officials, political leaders, etc
OBJECTIVE OF PROFESSIONAL ASSOCIATION
According to L D White, the objective of professional associations are:
To promote personal acquaintance among members with common
intrest and problems.
To promote research in the profession by organizing periodical
conferencing for the exchange of ideas and experience so that the best
ideas may be selected and applied in order to improve the efficiency of
the administration.
To give suggesions for the reform and improvement
To issue literature for the spread of the latest information relating to
their filed.
To bring employees nearer to those to whom they can confide for their
failure and successes
To disseminate professional knowledge among a large no of people
and stimulate to join and individual researches and helping in solving
in many problems pertaining to the profession
To bring the efficiency and boost the morale of the emploees.
USUALLY ASSOCIATIONS ARE FORMED WITH THE OBJECTIVES
To promote and protect the interest of the employees
To develop and trained staff and members
To obtain data on wages and condition of work
To deal with safty and health at work place and working environment
To initiate steps to improve public image and improve public relations
Literature Review
A survey was conducted by Milena Vainieri, Pierluigi Smaldone, Antonella Rosa, and
Kathleen Carroll (2014) on The role of collective labor contracts and individual
characteristics on job satisfaction in Tuscan nursing homes This study investigates the
relationship between the labor contracts applied in 62 Tuscan NHs and NH aides’ job
satisfaction with two aims: to investigate the impact of European contracts on employee
satisfaction in health care services and to determine possible limitations of research not
incorporating these contracts. The result Findings show that the factors influencing nursing
aides’ satisfaction occur at both the individual and NH levels. Organizational characteristics
explain 16% of the variation. For individual characteristics, foreign and temporary workers
emerge as more satisfied than others. For NH variables, results indicate that the labor contract
with the worst conditions is not associated with lower workers’ satisfaction. Our analysis has
value as a management tool to consider alternative sources as well as the labor contract for
employee incentives.
