INTRODUCTION

Collective Bargaining is a function of Psychology,debate,philosophy,human relations, dramatics. It is a process of accommodation between two institutions which have both common and conflicting interests

Collective Bargaining
Resolution of industrial problems To regulate wages and employment conditions An additional holiday or an improved pension plan or a grievance procedure. Process which permits employees dignity as they participate in the formulation of their terms and conditions of employment.

Collective Bargaining
Develops more responsive work force Reduced turnover An orderly system of industrial relations.

Legal Necessities
Employer must recognize a duly certified bargaining unit. Both parties are legally obligated to bargain collectively Almost any topic must be discussed if made an issue Bargaining meetings must be held at reasonable times.

Characteristics of Collective Bargaining

It is a group action It is flexible fluid and mobile It is a two party process It is a continuous process It is dynamic It is hampered by the emotional turbulence It is industrial democracy at work.

Continuation
It is complex. It is a series of check and counter checks or balances. It is method for developing an industrial jurisprudence. It is an art not science. It is a good case of inter disciplinary approach.

Parties involved in Collective Bargaining

Employee: means of achieving bargaining strength with his employer which he would not possess as an individual. Union: to promote welfare of its members. Management: - Not to jeopardize the enterprise by refusing anything and everything suggested. - Not to concede everything and anything. - Not to do business in foolish manner.

Mechanism for Collective Bargaining

There is no golden rule of bargaining procedure and procedural practice that ensures effective collective bargaining. However a good rule of thumb is to present a complete listing of demands to the other party in advance of the actual negotiations.

Advantages of proposals
It may serve the useful purpose of preventing extra demands to be listed. When negotiations breaks down of high claims which may not be withdrawn or compromised without loss of face. Enables parties to take stock of their respective positions before finalizing final demand Makes to be more realistic and down to earth in listing their demands. Helps in reaching final agreement .

Collective Bargaining and the policy of Government of India

The amendments of Factories act,Mines act,the welfare legislation,provision of social security benefits,minimum wages act,employment standing orders act, industrial disputes act are some of the important pieces of legislation passed by government of India to justify their role of a welfare state.

Formal Policy Since Independence

The Constitution of India under Article 19,guarantees for all the right to form associations or unions unless they come into clash with public interest. The Indian labor policy is strongly and clearly committed to the method of collective bargaining. The Industrial Truce Resolution of 1947 is the pivot around which the entire framework of the labor policy was woven.

Industrial Disputes Act 1947(main piece to settle Industrial Disputes)

Continuation
1.It provides that in any industrial dispute,conciliatn Officers may initiate conciliation proceedings. 2.Appropriate government ,central or state may refer the dispute to an appropriate agency for compulsory enquiry or arbitration. 3.Act gives authority to any workman involved in dispute to get himself represented in any proceeding by any official of any trade union connected with his industry whether or not he is a member of the union.

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4.Act stresses the importance of works committees. 5.Act lays down the procedure for dispute settlement.It has two phases: Conciliation and arbitration. Conciliation bringing together Arbitration submission to the decision of a judge.

Indian Trade Unions Act, 1926

Legislation that has a great impact on collective bargaining.It permits any seven persons to register themselves as a trade union. A union with 1 percent of the potential memberships in a plant or industry has the same legal right as a union with 75% membership. No restrictions on the number of unions .

Industrial Employment Act of 1946

Every industrial establishment employing 100 or more persons must have a set of certified standing orders dealing with 1.Classification of workmen 2.Shift schedules 3.Rules governing attendance 4.Leave and holidays 5.disciplinary action for misconduct 6.termination of services 7.grievance procedure etc.,

Management of Grievances
Definition :
Grievances are feelings sometimes real sometimes imagined which an employee may have in regard to his employment situation.

Examples of workers grievances

Employees grievances Concerning wages Concerning supervision Concerning individual advancement General working condition

Examples for management grievances

Indiscipline Go slow tactics Non fulfillment of terms of contracts signed Failure of the trade union to live up to its promises to the management Questionable methods adopted by Trade Union to enlist members Irresponsible charges against management

Need for a grievance procedure

Seriously disturbs the employees, affects morale productivity cooperation. To avoid personal conflicts Serves as a check on the arbitrary action of management Outlet for employee gripes,discontent and frustrations.

Grievance procedure steps

1.Aggrieved employee verbally explains his grievance to his immediate supervisor may get settled 2.when grievance is not settled by the supervisor sent to higher level manager with a note in which are mentioned the time place and nature of the action to which employee objects. 3.grievance is to be submitted to the grievance committee since the decisions of the supervisor and of the higher level manger have not solved the problem.

Continuation
Committee is composed of some fellow employees the shop steward or a combination of union and management representatives. 4.If the decision or suggestion of the greivance committee is not accepted by the grievant he may approach the management or coporate executive. 5.grievance is referred to an arbitrator who is acceptable to the employee as well as the management.

Essence of Successful grievance handling procedures

Helpful attitude and support of the management. Belief on the part of all concerned in the utility of the procedure. Introduction of the procedure with the concurrence of the employees representative and their trade unions. Simple,fair with time limit for each step Availability of copies of company's policies rules and practices. Delegation of appropriate authority so that action taken at all levels.

Legislative aspects of the grievance redressal procedure

Industrial employment(standing orders) act,1946 clause 15 of the model standing orders schedule I specifies: All complaints arising out of employment including those relating to unfair treatment and wrongful reactions on the part of the employer or his agent shall be submitted to the manager or other specified person. Act has a limited applicability and applies only to establishments which employ 100 or more workers.