Professional Documents
Culture Documents
pdfMachine
A pdf writer that produces quality PDF files with ease!
1
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
A THEORETICAL ANALYSIS OF
THE IMPACT OF GLOBALISATION
ON THE COLLECTIVE BARGAINING PROCESS
IN TRINIDAD AND TOBAGO
by
Reginald Rose
October 2006
pdfMachine
A pdf writer that produces quality PDF files with ease!
2
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Table of Contents
THESIS STATEMENT 5
INTRODUCTION 6
European Coordination of Collective Bargaining 7
CHAPTER 1
Globalisation and the CSME 12
CHAPTER 2
Labour Issues and Migration 14
Intraregional Labour Flows 14
Extraregional Migration Flows 15
The Adversities of Globalisation 16
CHAPTER 3
Legislation 17
CHAPTER 4
General Labour Regulation 19
CHAPTER 5
Collective Bargaining Procedures 22
CHAPTER 6
The Development of Collective Bargaining 25
The ILO Convention and Collective Bargaining 26
pdfMachine
A pdf writer that produces quality PDF files with ease!
3
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 7
The Steps to Collective Bargaining 29
The Role of the Law in Collective Bargaining 29
Communication and Collective Bargaining 30
Public Sector Bargaining 32
CHAPTER 8
The Collective Agreement 33
CHAPTER 9
Application of Collective Agreements 34
CHAPTER 10
The Negotiation Process 36
Recognition 36
Planning and Strategy 37
The Negotiating Team 37
The Negotiator 38
Completing Negotiations 39
CONCLUSION 40
BIBLIOGRAPHY 44
STUDENT DECLARATION 45
pdfMachine
A pdf writer that produces quality PDF files with ease!
4
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Thesis Statement:
“The Impact of Globalization on
the Collective Bargaining Process
in Trinidad and Tobago?”
(A Theoretical Perspective)
pdfMachine
A pdf writer that produces quality PDF files with ease!
5
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Introduction
and cultural arrangements, which have developed over a long period. They
therefore show considerable diversity. Over the last 30 years they have faced both
globalisation, these challenges are increasingly similar. This thesis paper attempts
This paper attempts to discuss the extent to which industrial relations systems are
power relations between capital, labour and the state, largely to the advantage of
level are discussed and as far as the national level is concerned, several aspects of
pdfMachine
A pdf writer that produces quality PDF files with ease!
6
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
bargaining and the involvement of industrial relations actors in the various
regarded as inapropriate. This does not mean that single elements of these
be incorporated into the European systems. Even so, not least on account of the
significant social and cultural path dependencies affecting action and collective
The Maastricht criteria (the criteria, set out in the Treaty of Maastricht, that need
Economic and Monetary Union. They include: 1) inflation of no more than 1.5 %
points above the average rate of the three member states with the lowest inflation,
between individual countries. The danger perceived is that such a situation may
lead to intensified `regime shopping'. To counter this danger, the European Trade
pdfMachine
A pdf writer that produces quality PDF files with ease!
7
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Union Confederation (ETUC) and industry federations have set out to encourage
stronger emphasis on the gentle pressure exerted by market integration and the
fact that a de facto European wage area is developing of which, sooner or later,
bargaining policy in Europe, and with European industrial relations in general are
collective bargaining policy, contain the wage reference formula, which includes
two main components: the national inflation rate and productivity. To what extent
pdfMachine
A pdf writer that produces quality PDF files with ease!
8
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
this coordination formula has found acceptance in national collective bargaining
A number of factors determine the level at which collective bargaining takes place
in a particular culture/country. One key factor is the preferences of the key actors
within the system, the employers and their associations, the trade unions, and in
some cases, the government, which may be a key player in establishing the
(Coates, 2000; Crouch and Streek, 1998; Hall and Soskice, 2001). The pattern of
Collective bargaining systems have been under significant pressure to adjust since
single European market have intensified global competition. At the same time
centralised collective bargaining. These global trends have not so far led to any
display notable differences within Europe. This is attributable not only to the fact
that the social institutions in which collective bargaining systems are rooted are
pdfMachine
A pdf writer that produces quality PDF files with ease!
9
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
adaptation which call into question the stability that has characterised industrial
relations to date. The question then is: can centralised collective bargaining
economies, which are already dealing with a number of issues in their pursuit of
should insist that training should not begin on the job, but that greater emphasis
systems remain essential for social cohesion. The preservation of the stability of
therefore not of economic interest alone, but is at the same time a question of
pdfMachine
A pdf writer that produces quality PDF files with ease!
10
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
performance. The preservation of a high degree of social cohesion is an important
countries is still only fragmentary and that the existing systems are characterised
possible repercussions on the European social model have been barely researched
to date.
pdfMachine
A pdf writer that produces quality PDF files with ease!
11
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 1
It can be said that globalisation has been around for the past 500 years, however
the term today refers to the post cold War era and the decade of the 1990’s, with
the aim of transforming the world into one economic entity along the principles of
goods and services, investments capital, and money must be removed, and
1970s.
The Caribbean islands were among the first areas to be impacted by early
slavery and the plantation system, and centuries of rivalry and wars among the
dependent territories in the Caribbean Sea and affiliated countries on the adjacent
mainland. The common factors in the Caribbean are small size, the legacy of
pdfMachine
A pdf writer that produces quality PDF files with ease!
12
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
The globalization process poses a significant challenge to small developing
economies in the Caribbean, which are already dealing with a number of issues in
At the CARICOM level, many countries have also signed Protocol II to the treaty
CARICOM countries. However, labour movements are still limited because many
countries still have trepidations about allowing the free movement of people
pdfMachine
A pdf writer that produces quality PDF files with ease!
13
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 2
Unemployment rates remained high during the 1990s. At a sectoral level, the
composition of output and trends in intra and extra regional investment flows. To
technical and vocational institutions have been restructured to make them more
In recognition of the important role that small and medium-sized businesses play
Labour movements are still limited because many countries still have some fear
Intraregional labour flows have been growing within the last decade, however
there is not much information on their volume. Migrant labour tends to flow from
lower income countries to higher income countries, e.g. from Guyana to Trinidad
pdfMachine
A pdf writer that produces quality PDF files with ease!
14
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
and Tobago. Migrant workers are mainly unskilled agricultural workers or
workers in construction and service industries, even though they can have a
Extraregional migration flows have been motivated by both push and pull factors,
and have a greater share of skilled workers. Some push factors include economic
decline, political instability and increasing crime levels. Pull factors in developed
countries include the increased demand for skilled labour, and is largely generated
by the ageing labour force and the shortage of skilled labour, i.e. teachers and
nurses, etc. The rapid growth of information technology and the new
technological advancements are also pull factors in developed countries that affect
It appears that the Caribbean region is now emerging from a cyclic period of
and globalization have provided the opportunity for this analysis. Deriving from
this period are policies of collaboration and consultation, effective use of the
pdfMachine
A pdf writer that produces quality PDF files with ease!
15
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
The Adversities of Globalisation
Caribbean trade unions are not immune to the adverse effects of globalization. It
has taken a toll on the economies of many countries, with small farmers, women
workers, and workers in general being the most vulnerable. On a daily basis
workers must deal with issues such as redundancies, lay-offs, downsizing and
more focused on retraining opportunities for the workers they represent, than
advocating industry shutdowns when jobs are at risk. Trends in the international
market place should be observed and strategies developed to deal with them in a
positive rather than a combative manner. Trade unions must focus on the long
term and for the labour force to accept that technology is constantly advancing.
The globalization process and the World Trade Organisation (WTO) are breaking
down tariff barriers and are redefining not only workers but countries as well.
Training and retraining must be fully emphasized, and trade unions should insist
that training should not begin on the job, but that greater emphasis must be placed
pdfMachine
A pdf writer that produces quality PDF files with ease!
16
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 3
Legislation
priorities change. In Japan and particularly the USA, by contrast, only the basic
are laid down in law. However, 2003-2004 were relatively busy years in
increasing the volume and scope of its employment legislation to deal with new
certain basic human rights and freedoms, the right to freedom of association and
also have the right to form and join their own associations. In Trinidad and
regulated by Part IV of the Industrial Relations Act (IRA) and allows industrial
action, including strike action, once taken in accordance with the IRA. The IRA
pdfMachine
A pdf writer that produces quality PDF files with ease!
17
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
states that the parties to a collective agreement shall be the recognized majority
union, and the employer or the successor to either the recognized majority union
or the employer.
pdfMachine
A pdf writer that produces quality PDF files with ease!
18
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 4
practices, and legislation. While the Government has ratified several ILO
Standards) Convention, 1976 (No. 144), these Conventions only become effective
State employees include civil servants, teachers and members of the Protective
Services (Fire, Police and Prison Services). The employment relationship between
the State and its employees is governed generally by legislation, which makes
other benefits. There is legislation which deals specifically with each group, such
as the Civil Service Act, Chap 23:01 for all civil servants, the Police Service Act,
pdfMachine
A pdf writer that produces quality PDF files with ease!
19
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Chap. 15:01, as revised by the Police Service Bill (2003), the Fire Service Act,
Chap. 35:50 and the Education Act, Chap 39:01 for teachers.
collectively with the Chief Personnel Officer, who is deemed to be the employer
of State employees under the IRA. The subject of these negotiations include wage
is accordingly amended to give effect to the agreed position. The terms and
collective agreements entered into by their recognized majority union and the
conduct negotiations on their behalf. Trade unions have negotiators on their staff.
Those aspects of the employment relationship which could not be left to collective
bargaining such as employee health and safety, minimum age of employment and
pdfMachine
A pdf writer that produces quality PDF files with ease!
20
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
workers' compensation, retrenchment and severance benefits and maternity leave
are set down in legislation which bind the State and private employers. The
Act , assented on 30 January 2004, but still awaiting proclamation, and the
Employment Injury and Disability Benefits Bill ) sets standards for employee
compensation where employees are injured on the job, while the Retrenchment
retrenched employees. The Maternity Protection Act provides maternity leave and
The Government has also recognized the need to implement legislation which sets
a basic level of rights and protection. The IRA sets the stage for the practice of
which parties bargain collectively, settle disputes and come before the Industrial
pdfMachine
A pdf writer that produces quality PDF files with ease!
21
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 5
employment for a bargaining unit, agreed between the recognized majority union
must notify the Minister of Labour. When parties have settled upon a collective
agreement it must be registered by the Industrial Court either through the Minister
or by either party to the agreement. Only upon registration does the collective
agreement become binding upon the parties and enforceable by the Industrial
Court. A collective agreement may be made for a period of not less than three (3)
to be processes of deregulation.
pdfMachine
A pdf writer that produces quality PDF files with ease!
22
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
A much more decisive factor is that the continental European economy is
industrial relations systems. It is clear that the nucleus of the cooperatively built
continental CMEs is not being called into question by the parties to the system
(state, employers, trade unions). Empirical analyses show that between wage
moderate since the beginning of the 1990s and have thus supported job creation in
The service sector remains an Achilles heel for labour organisations and
adaptability of industrial relations call for a major research effort. Stability and
adaptability and can be less and less confined exclusively to the national arena,
the reason for this being that, under conditions of an increasingly global economy,
pdfMachine
A pdf writer that produces quality PDF files with ease!
23
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
it is social institutions that become factors of stability and guarantee firms a high
pdfMachine
A pdf writer that produces quality PDF files with ease!
24
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 6
bargaining is a method used by trade unions to improve the terms and conditions
may not always lead to a collective agreement, the process is bipartite, but in
some developing countries the state plays a role in the form of a councilor where
policy.
pdfMachine
A pdf writer that produces quality PDF files with ease!
25
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
The ILO Convention and Collective Bargaining
Collective Bargaining appears to be a simple concept, but its application can take
follows:
employment, and/or
and/or
organizations.
Notwithstanding this definition national law or practice may determine the extent
to which the term collective bargaining shall also extend, for the purpose of the
Convention.
pdfMachine
A pdf writer that produces quality PDF files with ease!
26
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
action are likely to be based on a gentleman’s agreement made acceptable by
custom and practice. Voluntarism has lost ground in the Caribbean and most
agreement, the formation and structure of bargaining units and the management of
industrial action.
Sector,
groups with specific interests with which a government has dialogue, with a view
bargaining between these groups, and between one or more of them on the one
pdfMachine
A pdf writer that produces quality PDF files with ease!
27
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
hand and the government on the other. It therefore recognizes these groups as the
the interest groups in a society would be unable to function effectively. There can,
proper collective bargaining at all can take place unless certain basic conditions
are present. The most fundamental is that workers must have the right to form and
join organizations of their own choosing. A further requirement is that both sides
must bargain in good faith. The general idea is that each side should be prepared
to listen to, and take into account the arguments produced by the other side.
Further, each side must endeavour to ensure that an agreement, once concluded, is
respected by all concerned. Both the employer and the workers must try, in good
faith, to make the agreement operative. The political climate is also important.
pdfMachine
A pdf writer that produces quality PDF files with ease!
28
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 7
The first step in the collective bargaining process is that of organizing a group of
be submitted on behalf of workers is a delicate process over which great care has
integrative.
deal making, where secret negotiations are made between leaders with little
involvement from the rank and file, collusion, where employers and unions agree
whether the law should play a major role in collective bargaining. In certain
pdfMachine
A pdf writer that produces quality PDF files with ease!
29
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
quarters previous views on the subject are being revised in the light of national
where trade unions are comparatively weak and their leaders inexperienced the
worker’s rights.
agreements, some workers fear that the employers have too much power, whereas
the trade unions have neither the financial strength nor the expertise which they
need. The law is therefore regarded as a supporting force. The law can serve as a
protector of trade union rights, but it can also restrict, and even remove those
far as possible, that the law is a friend of the workers, not their enemy. A
and procedural framework for collective bargaining, which may be helpful to the
union should keep their managers and members respectively well informed.
pdfMachine
A pdf writer that produces quality PDF files with ease!
30
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Collective bargaining has the advantage of settlement through dialogue and
consensus rather than through conflict and confrontation. Some other advantages
are:
it is a form of participation,
parties,
Collective bargaining may take place at the national, industry or enterprise level.
In no country does it take place exclusively at one level only. However, in many
pdfMachine
A pdf writer that produces quality PDF files with ease!
31
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Public Sector Bargaining
One of the most sensitive areas of collective bargaining is in the public sector.
Wage settlements for public sector workers have a major impact on the level of
government expenditure and on wages in other sectors of the company. The state
has traditionally been a large employer of labour in the Caribbean. Civil Service
recruited wide band of members. It is usual for distinct employment areas in the
public service to have their own unions, thus teachers and nurses are likely to
have their specific unions. Where the government has to negotiate with competing
unions over the same collective agreement, it is difficult for all the unions to have
is an important issue.
Public Service negotiations are very significant for national and macro-economic
policy. The Caribbean island states have been forced to divest and privatize many
of the businesses which they have nationalized in the 1960s and 1970s. Public
Sector reform is currently a major issue facing trade unionists in the public sector.
Trade unionists and negotiators in the public sector have an onerous task of
learning and understanding a great deal of laws and regulations and have to
develop the patience and skills to plough through much red tape and bureaucratic
pdfMachine
A pdf writer that produces quality PDF files with ease!
32
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 8
benefits, rights of workers and grievance procedures and the rights and
obligations of the parties to the agreement. It’s a written contract which covers all
Ordinarily the agreement is for a definite period such as one, two, or three years,
usually not less than twelve months. The collective agreement is reached through
the collective bargaining process, i.e. the process of negotiations between the
employees.
pdfMachine
A pdf writer that produces quality PDF files with ease!
33
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 9
The IRA requires that collective agreements contain effective provisions for the
settlement of disputes, including differences between the parties arising out of the
Industrial Court as the final arbiter. Collective agreements usually also contain
provisions for wages, leave entitlements, severance pay, travelling and other
allowances.
worker in that bargaining unit, whether that worker is a member of the recognized
majority union or not. The provisions of a collective agreement become the terms
collective agreement which limits the application of the IRA or which promotes
pdfMachine
A pdf writer that produces quality PDF files with ease!
34
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
The IRA also provides that where a trade union has attained certification as the
recognized majority union the employer must recognize that union and is obliged
to meet and treat with that union. Both parties have a duty to bargain in good
faith.
pdfMachine
A pdf writer that produces quality PDF files with ease!
35
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
CHAPTER 10
negotiations are relevant to collective bargaining. Negotiations are for the benefit
negotiate with each other. In labour relations, negotiations involve the public
interest, such as where the negotiations are on wages which can impact on prices.
motivates the parties to resolve the specific issues. The existence of the freedom
of association and a labour law system are essential conditions in the collective
Recognition
does not necessarily imply that unions would be recognized. The accepted
the union to have not less than a stipulated percentage of workers in the enterprise
of the process.
collective bargaining negotiations should first identify the objectives they wish to
achieve. The parties should plan to achieve these objectives, by formulating a plan
that can be modified during the course of the negotiations. Negotiations on the
union’s demand are generally an ideal setting in which management can achieve
The negotiating team and the respective roles of each member should be
determined before the negotiations. Since negotiations may not proceed or take
place in the way a party may plan, there should be alternative options provided. A
pdfMachine
A pdf writer that produces quality PDF files with ease!
37
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
party to collective bargaining negotiations has to formulate a strategy for all
There is no set rule as to who should open the negotiations. However, it is not
unreasonable for the management to claim that if the union has initiated the
negotiations, it should first outline its rationale and justification for doing so.
During the negotiations there should be good internal communication between the
company and its managers, and between the union and employees, about the
situation at any given time. This will help clarify misunderstandings and even
The Negotiator
working towards a common ground, keeping in mind that the final objective is a
should attempt to build its cases in a logical sequence, and try to obtain agreement
at each stage of the process, as far as possible. Counter proposals and conditions
pdfMachine
A pdf writer that produces quality PDF files with ease!
38
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
attached to concessions should be indicated as early as possible, so that the basis
It is usually preferable to avoid taking up, in the beginning, the position that a
its claim, and then point out why that claim may be unreasonable. Taking a non-
negotiable position can lead to the perception that the position has nothing to do
with the merits and that the party is not willing to listen. Skillful questioning is an
effective way of compelling the other party to justify its claims on the merits of its
negotiations.
Completing Negotiations
and encounter phases. At this point either party can experience lapse in
judgments, on issues previously not agreed to, thus it is important for the
negotiator not to regard the dialogue phase to be completed until all issues have
been satisfactorily resolved and both negotiators agree there are no further issues
to be considered.
The objective of the final stage of the negotiations is to ensure that the two
parties to the negotiations. Both parties should ensure that the negotiations are
pdfMachine
A pdf writer that produces quality PDF files with ease!
39
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
followed by a joint communication of its terms to all their principals, employees,
members and management. The agreement is for their use and therefore they
The most difficult part of the negotiations arises when there is an evident failure
to agree between the two parties. Negotiators must be prepared to recognize when
they have exhausted all possibilities of concession and compromise and that
identifying the final positions and the exact extent of the disagreements of the
probably at a higher level, e.g. the Industrial Court or other legislated governing
body.
pdfMachine
A pdf writer that produces quality PDF files with ease!
40
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Conclusion
and the representative of the workers shake hands at the end of the negotiations.
Despite the fact that many unwritten agreements have proved useful and adequate
in the past, it is probably better for all concerned to set the agreement down in
factors, not the least important of which is the legal framework. In many countries
the law provides that collective agreements are legally enforceable, but in a small
exclusion from such extensions, and periodic assessments must be carried out of
general, the government is concerned about the issue of extension. In late June
2004, Minister De Geus expressed the government's view that the extension of
pdfMachine
A pdf writer that produces quality PDF files with ease!
41
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
collective agreements cannot be at the expense of the public interest. The
government had announced earlier that it would desist from extending collective
top end of the labour market (eg senior managers) from collective agreements.
With the exception of wage trends, the government makes no comment in its
the more you put into an agreement, the greater the possibility of conflict over its
pdfMachine
A pdf writer that produces quality PDF files with ease!
42
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
interpretation and application. It is clearly not in the interest of the workers that
industrial relations should be nothing more than a contest between rival teams of
lawyers. However, as the scope of collective bargaining widens, and the subjects
become more complex, there is a tendency for agreements to become longer and
clearly and as briefly as possible, so that both workers and employers are in no
pdfMachine
A pdf writer that produces quality PDF files with ease!
43
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
Bibliography
pdfMachine
A pdf writer that produces quality PDF files with ease!
44
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
STUDENT DECLARATION
all of the Bylaws, Rules, Regulations, and Guidelines of the Cipriani College of
I certify as follows:
work that I actually researched, and that all sources of material not
acknowledged as such;
upon submission.
pdfMachine
A pdf writer that produces quality PDF files with ease!
45
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
(A Theoretical Perspective)
pdfMachine
A pdf writer that produces quality PDF files with ease!
46
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!
CCL&CS AADLS
Student ID#:2004030908 47 pages
_______________________________________________________________________________
2006
pdfMachine
A pdf writer that produces quality PDF files with ease!
47
Produce quality PDF files in seconds and preserve the integrity of your original documents. Compatible across
nearly all Windows platforms, simply open the document you want to convert, click “print”, select the
“Broadgun pdfMachine printer” and that’s it! Get yours now!