The Collective Bargaining process

Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions. Collective agreements usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry wide agreement. A collective agreement functions as a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries by an employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA). Typically, the employees are represented by a union. Collective bargaining actually begins with joining a union, agreeing to abide by the rules of the union, and electing union representatives. In general, experienced people from the union will assist the employees with putting together a draft of a contract, and will help them present their desires to the company. Numerous meetings between representatives of employer and employees will be held until the two can agree on a contract. As the contract is being negotiated, general employees also have input on it, through their union officers. Thus, the agreement reflects the combined desires of all the employees, along with limitations that the employer wishes to see put in place. The result is a powerful document which usually reflects cooperative effort. In some cases, however, the union or the employer may resort to antagonistic tactic s such as striking or creating a lockout, in order to push the agreement through.

For workers, collective bargaining is an excellent tool. Many workplaces benefit from unionization, which allows workers to speak together as a body to assert their rights. Employers also benefit from collective bargaining agreements, which set out clear expectations for both sides. The experience of collective bargaining can also be a learning experience for both sides of the discussion, as it encourages employers and employees alike to consider each other's positions.

Good Faith Bargaining

Requirement that the parties to a contract (such as a collective bargaining agreement) regularly meet and discuss with a willingness to reach an accord on proposed new contract terms. It does not necessarily mean that any party is required to make a concession or agree to any proposal. Bargaining in good faith helps agreement making by encouraging parties to communicate openly and to focus their negotiations on key issues. Under the national workplace relations system, bargaining representatives involved in bargaining for a new enterprise agreement must:

Recognize and bargain with the other bargaining representatives involved Attend and participate in meetings at reasonable times

Disclose relevant information in a timely manner (this excludes condential or commercially sensitive information)

Respond to proposals made by the other bargaining representatives in a timely manner

Genuinely consider the proposals of the other bargaining representatives and provide reasons for the responses

Refrain from behaving in a way that undermines freedom of association or collective bargaining. These requirements don't require a bargaining representative to:

Make concessions during bargaining for the agreement

Reach agreement on the terms to be included in the agreement.

Bargaining items
Labor law sets out categories of items that are subject to bargaining. These are mandatory, voluntary and illegal items.

Mandatory Bargaining Items

Items in collective bargaining that a party must bargain over if they are introduced by the other party- for example pay.

Voluntary Bargaining Items

Items in collective bargaining over which bargaining is neither illegal or nor mandatory. Neither party can be compelled against its wishes to negotiate over those items.

Illegal Bargaining Items

Items in collective bargaining that are forbidden by law, for example, a clause agreeing to hire union members exclusively would be illegal in a right to work state.

Bargaining Hints
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2. 3. 4. Be sure to set clear objectives for every bargaining items, and be sure you understand the reason for each. Do not hurry. When in doubt, caucus with your associates. Be well prepared with firm data supporting your position. Always strive to keep some flexibility in your position. Dont concern yourself just with what other party says and does find out why. Respect the importance of face saving for the other party.

5.
6. 7.

8. Be alert to the real intensions of the other party not only for goals but also for priorties. 9. 10. Be a good listener. Build a reputation for being fair but firm.

Impasse

A bargaining impasse occurs when the two sides negotiating an agreement are unable to reach an agreement and become deadlocked. An impasse is almost invariably mutually harmful, either as a result of direct action which may be taken such as a strike in employment negotiation or sanctions/military action in international relations, or simply due to the resulting delay in negotiating a mutually beneficial agreement.

Mediation
Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).

Fact Finder
A neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement.

Arbitration
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

Grievances
A grievance is a wrong or hardship suffered, which is the grounds of a complaint.

Grievances Procedure
Any factor involving wages, hours, or conditions of employment that id used as a complaint against the employer.

Sources of Grievances
The causes of grievances may be grouped under three heads(1) Grievances resulting from Managerial Polices:a. Wage rates or scale of Pay. b. Overtime c. Leave d. Transfer- improper matching of worker with the job e. Seniority, Promotion and discharges. f. Lack of career planning and employee development plan g. Lack of role clarity. h. Lack of regards for collective agreement. i. Hostility towards a labor union. j. Autocratic leadership style of supervisors. (2)Grievances resulting from Working conditions:a. Unrealistic. b. Non-availability of proper tools, machines and equipments for doing the job. c. Tight Production standards. d. Bad working conditions. e. Poor relationship with the supervisor. f. Negative approach to discipline (3) Grievances resulting from Personal factors. a. b. c. d. e. Narrow attitude Over-ambition Egoistic personality Non Cooperative fellow workers Personal Problems outside factory.