COLLECTIVE BARGAINING

A K BASU

WHAT IT IS
A PROCESS HAS A NUMBER OF STEPS GROUP ACTIVITY PROCESS TO RESOLVE DIFFERENCES COULD BE FORMAL WITH DEFINED PARAMETERS COULD BE INFORMAL

WHAT IT IS NOT
NOT INDIVIDUAL TO INDIVIDUAL INTERACTION CANNOT RESOLVE ALL WORKPLACE ISSUES - INDIVIDUAL PROBLEMS - DISCIPLINE - PERSONAL CONFLICTS HOWEVER, UNIONS TRY TO CONVERT ALL ISSUES TO BARGAINING

DEFINITION
Collective bargaining is a process of negotiation about working conditions and terms of employment between an employer, a group of employers or one or more employers organizations, on the one hand, and one or more representative workers organizations on the other with a view to reaching agreement. ILO: Collective Bargaining A Workers Education Manual [1973]

PROCESS
COMMENCES WITH CHARTER OF DEMANDS FROM THE UNION[S] MANAGEMENT MAY ALSO SUBMIT A COUNTER CHARTER CHARTER OF DEMANDS USUALLY SUBMITTED WHEN AN AGREEMENT IS TO EXPIRE OR A NEW UNION IS FORMED

CHARTER OF DEMANDS
UNION CHARTER CONTAINS : - DEMAND FOR WAGE INCREASE - BENEFITS/FACILITIES - RE CLASSIFICATION OF JOBS - EMPLOYMENT OF RELATIVES - EFFECTIVE DATE OF THE AGREE MENT

CHARTER [ CONTD ]
MANAGEMENT CHARTER CONTAIN : - RATIONALISATION OF WORK PROCESSES / MANPOWER - INCREASE IN WORK NORMS - REMOVAL OF SUBSIDIES - REMOVAL OF RESTRICTIVE PRACTICES

POST CHARTER ACTIVITIES

MANAGEMENT FORMS TEAM FOR MAIN NEGOTIATIONS DEPARTMENTAL TEAMS FOR PRODUCTIVITY/MANPOWER DISCUSSIONS CONSENSUS ARRIVED ON STRATEGY

UNION INNER DYNAMICS

CONFLICTING INTERESTS SORTED OUT BETWEEN OLD AND YOUNG WORKERS NOT ALWAYS SUCCESSFULLY INTER UNION RIVALRIES SURFACE A MAJOR ISSUE IN MULTI UNION SITUATIONS VARIOUS CONFLICTING INTERESTS SURFACE UNION[S] HAVE A MORE DIFFICULT JOB UNION[S] HAVE TO PRIORITISE IN THEIR STRATEGY

BARGAINING PROCESS [CONTD]

AFTER CHARTERS SUBMITTED, THEN PERIOD OF STUDY AND FORMING STRATEGIES MANAGEMENT LOOKS AT : - REGION-CUM-INDUSTRY WAGE - CAPACITY TO PAY - COST OF AGREEMENT IS ESTIMATED - PAST INCREASES

BARGAINING PROCESS [CONTD]

NEGOTIATION COMMENCES MANAGEMENT MAY INSIST THAT ITS CHARTER TO BE TAKEN UP FIRST FORMAL PROCESS : - DEFINED PLACE - DEFINED NUMBERS ON BOTH SIDE - SPECIFIC TIME IS INFORMED NB: RELEASE FROM WORK

NEGOTIATIONS
MNGT. SEEKS CLARIFICATION ON EACH DEMAND GIVES INITIAL RESPONSE BASED ON STRATEGY WORKED OUT MNGT. GIVES DETAILS ON ITS CHARTER INITIALLY, TOUGH POSITIONS ON BOTH SIDES ARE TAKEN

TYPES OF BARGAINING
INTRA ORGANIZATIONAL BARGAINING: DISCUSSION WITHIN TEAMS TO ARRIVE AT CONSENSUS AND STRATEGIES ATTITUDINAL STRUCTURING: PSY CHOLOGICAL ORIENTATION TO BUILD ON GOING, LONG TERM RELATIONSHIP INSTEAD OF PIECEMEAL, AD HOC SETTLEMENTS

TYPES OF BARGAINING[CONTD]
DISTRIBUTIVE BARGAINING : PROCESS WHERE ONE PARTY GAINS, THE OTHER LOSES.ZERO SUM GAME INTEGRATIVE BARGAINING : THE MOST DESIRABLE.PRODUCTIVITY GAINS EXPANDS THE CAKE WHICH IS SHARED A WIN WIN GAME A Behavioural Theory of Labour Negotiations R E Watton & R B McKersie [1965]

THIRD PARTY INTERVENTION

IF COLLECTIVE BARGAINING GETS STALLED AT BIPARTITE LEVEL, THEN - REFER THE MATTER FOR CONCILIATION TO CONCERNED LABOUR DEPARTMENT, OR - WAIT FOR UNION TO MAKE THE FIRST MOVE

SECTION 18 OF I.D.ACT
SEC 18[1] : BIPARTITE AGREEMENT FEATURES : - VALID BETWEEN THE SIGNA TORIES ONLY - MINORITY UNION, IF NONSIGNA TORY, MAY CREATE DISRUPTION - NEW EMPLOYEES NOT COVERED

SECTION 18 [ CONTD ]
SEC 18[3] : TRIPARTITE SETTLEMENT FEATURES : - GOVERNMENT LABOUR DEPTT IS A PARTY - COVERS ALL PARTY INVOLVED IN THE DISPUTE - COVERS FUTURE EMPLOYEES