1.0 INTRODUCTION
The concept of employee’s protection and participation is
relatively new in the study of human resources management. However, the
practice is much older that human resource management. Collective bargaining has
to do with employee’s protection and the role of the trade unions.
2.0 OBJECTIVES
At the end of
this note, you should be able to:
·
define collective bargaining
·
identify the process of collective bargaining
· identify and be
able to apply the strategy of bargaining.
3.0 MAIN CONTENT 3.1 Definition and Scope According
to Edwin B. Fllipo, collective bargaining is a process in which representatives
of two groups meet and attempt to negotiate an agreement that specifies the
nature of future relationships between the two.
According to Flippo, subjects where bargaining is required
by law the employer is no longer free to make and enforce unilateral decision.
And on matters not so legally mandated, the employer is influenced by such risks
as strikes, slowdown and with holding of co-operative efforts.
3.2 Processes of Collective Bargaining The
Pre-Negotiation Phase
This phase has to with the assemblage of data and facts and
figures on wages, hours, pensions, and vacations for use in the negotiation of
the next contract. Negotiation is defined as a process of solving conflict between
two or more parties whereby the belligerent parties modify their demand to
allow for a mutually acceptable compromise. In industrial relations,
negotiation takes place between the representatives of the means of production
which is the management and the representative of the employees, the union
member. The negotiation process involves
three basic elements.
There are:
(a) Social relations between those individual and groups,
which are a party to collective bargaining.
(b) The
representatives and communication functions.
(c) The power relations between the parties to the
negotiation.
In every negotiation,
there is a negotiation continuum, which shows the range of bargaining of both
union and management and the bargaining parameter. Normally, negotiations aim
at a compromise within the bargaining parameter.
Negotiating Teams On
the side of the employer, it is usual to have a team or a committee. This
broadens the base of participation. It is also usual to have a legal representative.
Normally the Chief Executive of the organization is usually not included in the
negotiation team.
On the side of the union, they usually include high officers
of the union, some employees of the organization and “representative of the international
union”. Most of the union bargainers are full time specialists in the art of
bargaining and negotiation with various management.
3.3 Strategy of Bargaining
Because of the
considerable importance of the labor agreement, it is essential for management
to plan its strategy and tactics carefully in preparation for the bargaining
sessions. Strategy involves mapping out the plan and deciding on the policy
which will guide the organization in the bargaining process. The union on its
own part also does same, which is mapping out plans and deciding on guiding
principles. Before the management enters the conference room for bargaining its
negotiators must agree on the maximum concessions that can be granted to the
anticipated demands of the union. Often the union files its demands in a
advance of the meeting. The company must know the points, above which it will
not, prefer to risk a strike instead.
In collective
bargaining, organizational strategic plan could include the following: -
Avoidance of mutual agreement clauses that would prevent management
action. Management should retain the right to manage the firm, subject to
challenges by the union under contract.
- Keep one’s eyes on the entire package. A work procedure concession
may eventually cost more than a substantive pay.
- Keep the company personnel informed of the progress of bargaining
sessions. Supervisors must be involved and union members are also employees.
- Develop agreements
where the union leaders can always maintain that they “won”. Union leaders have
to win for reduction on their record and management can move frequently afford
the appearance of having “lost”.
- Determine the point at which the organization is willing
for the union to go on strike. Management must adopt a basic attitude of not
being afraid of strike.
3.4 Union Bargaining Pressures
Labor unions
have strategies and tactics which they employ in extracting greater concessions
from management.
These are strikes,
picketing, boycotts etc:
3.4.1 Strikes This is a concerted and temporary
withholding of employee services from the employer for the purpose of exacting
greater concessions in the employment relationship than the employer is willing
to grant at the bargaining table.
There are various types of strikes:
- Recognition
Strike: This is meant to enforce the employer to recognize and deal with
the union.
- Economic Strike: this is based on the demand for
increased wages.
- Wild Cat Strike: this is the quick, sudden and
unauthorized types of work stoppages. Such strikes are not approved by union leadership
and are contrary to labor agreement. This is a form of fractional bargaining.
- Sit-Down Strike: This is when the employees strike
but remains in their jobs in the organization such strikes are illegal strike. They
constitute an invasion of private property.
3.4.2 Picketing
Picketing is
the patrolling of strikers in front of the entrance of an organization’s
premises inorder to ensure total work stoppage.
3.4.3 Boycotts
This is a form of work stoppage that may involve many
organizations in the same line of business to force the concerned organization
to concede to the demands of the union. An example is influence of Company B,
and C, to refuse to deal with Company A.
4.0 CONCLUSION
This note has examined the concept of collective bargaining.
It has provided you a definition of it and given you the processes of
collective bargaining. It has given the preparation necessary on the part of
the management and union which leads to successful bargaining which is underscored
by a process of giving and taking the pressures available to be applied by
union which give necessary “bite” to bargaining, particularly strikes.
5.0 SUMMARY
This note has taken a look at one of the most
important functions of trade unions which is collective bargaining.<<<Previous Note View Course Content Next Note >>>
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