Professional Documents
Culture Documents
Bargaining always takes place between labor and management, but negotiations can
include more than one group of workers and more than one employer. Single-plant,
single-employer agreements are the most common. However, if an employer has more
than one plant or work site, multiplant, single-employer agreements can be bargained.
Several different union groups representing the workers of the same employer can use
coalition bargaining. Industry wide bargaining involves one national union bargaining
with several employers of a specific industry.
Many different negotiation styles can be used when union and labor representatives sit
down at the bargaining table. The two basic modes of bargaining are traditional
bargaining and partnership bargaining, though there are many variations of each style.
The traditional style of bargaining has been used since collective bargaining began
between management and the early labor unions (see Labor Unions). It is an
adversarial style of negotiating, pitting one side against the other with little or no
understanding of, or education about, the other on the part of either party. Each side
places its demands and proposals on the table, and the other side responds to them
with counterproposals. The process is negative and involves a struggle of give-and-
take on most issues. Even with its negative connotations, however, the traditional
style of negotiating is still used effectively in bargaining many union contracts.
Union contracts are usually bargained to remain in effect for two to three years but
may cover longer or shorter periods of time. The process of negotiating a union
contract, however, may take an extended period of time. Once the management and
union members of the negotiating team come to agreement on the terms of the
contract, the union members must accept or reject the agreement by a majority vote. If
the agreement is accepted, the contract is ratified and becomes a legally binding
agreement remaining in effect for the specified period of time.
If the union membership rejects the terms of the agreement, the negotiating teams
from labor and management return to the bargaining table and continue to negotiate.
This cycle can be repeated several times. If no agreement can be reached between the
two teams, negotiations are said to have "broken down," and several options become
available.
Mediation is usually the first alternative when negotiations are at a stalemate. The two
parties agree voluntarily to have an impartial third party listen to the proposals of both
sides. It is the mediator's job to get the two sides to agree to a settlement. Once the
mediator understands where each side stands, he or she makes recommendations for
settling their differences. The mediator merely makes suggestions, gives advice, and
tries to get labor and management to compromise on a solution. Agreement is still
voluntary at this point. The mediator has no power to force either of the parties to
settle the contract, though often labor and management do come to agreement by
using mediation.
If mediation fails to bring about a settlement, the next step can be arbitration, which
can be either compulsory or voluntary. Compulsory arbitration is not often used in
labor-management negotiations in the United States. Occasionally, however, the
federal government requires union and management to submit to compulsory
arbitration. In voluntary arbitration, both sides agree to use the arbitration process and
agree that it will be binding. As in mediation, an impartial third party serves in the
arbitration process. The arbitrator acts as a judge, listening to both sides and then
making a decision on the terms of the settlement, which becomes legally binding on
labor and management. Ninety percent of all union contracts use arbitration if the
union and management can't come to agreement (Boone and Kurtz, 1999).
Sources of Power
If the collective bargaining process is not working as a way to settle the differences
between labor and management, both sides have weapons they can use to bolster their
positions. One of the most effective union tactics is the strike or walkout. While on
strike, employees do not report to work and, of course, are not paid. Strikes usually
shut down operations, thus pressuring management to give in to the union's demands.
Some employees, even though allowed to belong to unions, are not allowed to strike.
Federal employees fall into this category. The law also prohibits some state and
municipal employees from striking.
During a strike, workers often picket at the entrance to their place of employment.
This involves marching, carrying signs, and talking to the media about their demands.
The right to picket is protected by the U.S. Constitution as long as it does not involve
violence or intimidation. Problems sometimes arise during strikes and picketing when
management hires replacement workers, called scabs or strikebreakers, who
Grievance Procedures
Collective bargaining is a successful way for workers to reach their goals concerning
accept able wages, hours, and working conditions. It al lows workers to bargain as a
team to satisfy their needs. Collective bargaining also allows management to negotiate
efficiently with workers by bar gaining with them as a group instead of with each one
individually. Though traditional bargaining can be negative and adversarial, it does
produce collective bargaining agreements between labor and management.
Partnership bargaining can lead to increased understanding and trust between labor
and management. It is a positive, cooperative approach to collective bargaining that
also culminates in contracts between labor and management