MANIBA BHULA NURSING COLLEGE

Sub: Advance Nursing Practice

Topic: Individual and Collective Bargaining

SUBMITTED TO: SUBMITTED BY:

Mr. Gibin Thomas Ms. Hiral Mistry

Assistant Professor Ist Year M.Sc Nursing

MBNC MBNC

SUBMITTED ON:
 Individual & Collective Bargaining
 Introduction:

The concept of collective bargaining was introduced very late in India as trade unions
were found only in 20th century. The concept of collective bargaining attained significance
only after 1962. The phrase collective bargaining is said to be coined by Sydney and Beatrice
Webb and Great Britain. It is made up from two words collective which means “group” and
bargaining which means “proposals and counter proposals”. So it is a process in which the
representatives of a labour organization & the representatives of business organization meet
and attempt to negotiate a contract or agreement, which specifies the nature of employee-
employer union relationship.

 History of collective Bargaining:

National Labor Relation Act (NLRA) or the Wagner Act was passed in 1935, to end the
depression. A National Labor Relation Board was created to take an administrative action
against employers who violated the Act. It was amended in 1947 by the Taft-Hartley Act, or
Labor management Relation Act.

National Labor Relation Act:

It is the primary law governing collective bargaining in the United States. This Act is made
up of the original Wagner Act (1935) & the Taft-Hartley Act (1947). Section-7 states the
basic rights granted to the employees- “employees shall have the right to self organization, to
form, to join, or assist labor organizations, to bargain collectively through representatives of
their own choosing, & to engage in other concerned activities for the purpose of collective
bargaining or other mutual aid or protection.”

 History of Collective Bargaining In India:

In India, collective bargaining was first introduced in 1952.

India has ratified 39 International Labour Organisation (ILO) conventions of which 37 are in
force. Of the ILO’s eight fundamental conventions, India has ratified four – Forced Labour
1930, Abolition of Forced Labour 1957, Equal Remuneration 1951, and Discrimination
(employment and occupation) 1958.

 History of collective bargaining in Nursing Profession:

 1913: The California Legislature Extended The Eight Hour Law To Pupil Nurses.

 1919 – Formation of The Union Of Stewards And Nurses.

 1930 – The National Labor Relation Act (NLRA) Established.

 1934 – Ana Actively Campaigned For The Eight – Hour /Day.

 1941 – California State Nurses Association Represented Nurses Concerns Before The
Labor Board.

 1946 – The California Nurses Association Became The First Nurses Association To
Represent Nurses.
 Meaning:

 Collective bargaining is a process between employers and employees to reach an

agreement regarding the rights and duties of people at work.

 Collective bargaining aims to reach a collective agreement which usually sets out
issues such as employees pay, working hours, training, health and safety, and rights to
participate in workplace or company affairs.

 Definition:

 Collective bargaining is an agreement between a single employer or an association of

employers on the one hand and a labor union on the other, which regulates the terms
and conditions of employment.

(Tudwig Teller)

 Collective Bargaining is the joining together of employees for the purpose of

increasing their ability to influence the employer & improve working condition.

(Delong, 1998)

 Characteristics of Collective Bargaining:

 Collective: Collective bargaining is a two way group process where the employers
representative and employees representatives sit together to negotiate terms of
employment.

 Strength: Both the parties in collective bargaining are strong and equal.

 Voluntary: Both parties come to the negotiation table voluntarily in order to go in

particular negotiation. It is based on discussion, mutual trust and understanding.

 Formal: It is a formal process in which certain employment related issues are to be

regulated at National, organization and workplace levels.

 Flexible: It is a flexible and continuous process and not fixed or static.

 Improvement: It is a method to improve the employer-employees relation in

organization and resolve management and employees conflicts.

 Representation: Collective bargaining is between the representatives of employees

and management. The management does not directly deal with employees. It carries
negotiations with the representatives/executives of unions and association.

 Dynamic: Collective bargaining is dynamic, that go on changing over a period and

grows and expand the way of agreement, the way of implementation and way of
discussion.

 Continuous: Collective bargaining is continuous and begins with agreement, the

implementation of agreement and further negotiations.
 Bipartite Process: Because the employee and employers representatives negotiate
directly face to face across the table.

 Types of Collective Bargaining:

1. Conjunctive Or Distributive Bargaining:

Conjunctive bargaining is the most common type of bargaining & involves zero-sum
negotiations, in other words, one side wins and the other loses. Both parties try to
maximize their respective gains. They try to settle economic issues such as wages,
benefits, bonus, etc. For Example, Unions negotiate for maximum wages & the
management wants to yield as little as possible – while getting things done through
workers.
2. Cooperative /Integrative Bargaining:

Integrative bargaining is similar to problem solving sessions in which both sides are
trying to reach a mutually beneficial alternative, i.e. a win-win situation. Both the
employer & the union try to resolve the conflict to the benefit of both parties. Both sides
share information about their interests and concerns and they create a list of possible
solutions to best meet everyone’s needs.

3. Productivity Bargaining:

A form of collective bargaining leading to a productivity agreement in which

management offers a pay raise in exchange for alterations to employee working practices
designed to increase productivity. Productivity bargaining has been described as "an
agreement in which advantages of one kind or another, such as higher wages or increased
leisure, are given to workers in return for agreement on their part to accept changes in
working practices or in methods or in organization of work which will lead to more
efficient working.

4. Composite Bargaining:

Workers believed that productivity bargaining agreements increased their workloads.

Rationalization, introduction of new technology, tight productivity norms have added to
this burden and made the life of a worker some what uneasy. As an answer to such
problems, labor has come in favor of composite bargaining. In this method, labor bargains
for wages as usual, but goes a step further demanding equity in matters relating to work
norms, employment levels, manning standards and environnemental hazards etc.

 Purposes of Collective Bargaining:

1. Poor working condition

2. Arbitrary treatment from management
3. Individual job rights
4. Union & management rights in bargaining relationships
5. Poor communication between employers & employee
6. Poor quality of immediate supervision
  Objectives of Collective Bargaining:

 Resolve differences over knotty issues.

 Protect the interests of workers through collective action.
 Carry out negotiations voluntarily, without interference from a third party.
 Arrive at an amicable agreement through a process of give and take.
 To arrive at an agreement on wages and other conditions of employment.
 To have peaceful co-existence for the mutual benefits and progress.
 To maintain employee-employer relation bilaterally.

 Principles of Collective Bargaining:

A. For trade union :-

Trade union leaders should be appreciate the economic implication of collective bargaining
for their demands are generally met from the income and resources of the organization.
Trade union should resort to strikes only when all the other methods of the settlement of a
dispute have failed.

Trade union leaders should not imagine that their only function is to secure higher wages,
shorter hours of work and better working conditions for their members.

B. For the management:-

Management must develop and consistently follow a realistic labour policy which should be
accepted and carried out by its representatives.
Management must grant recognition to the trade union without any reservations and accept it
as a constructive force in the organization
Management should not wait for the trade union to bring employee grievance to its notice
but should rather create the condition employee can approach

Management should deal only with one trade union in the organization.

C. For union and management:-

CB should be an education as well as a bargaining process.

There must be mutual confidence and good faith and a desire to make collective bargaining
effective in practices.
There should be an honest and responsible leadership for only this kind of leadership will
make collective bargaining effective and meaningful.

 Points To Kept In Mind Before Collective Bargaining:

 Be sure to set clear objectives for every bargaining item, and be sure you understand
the reason for each.

 Do not hurry.
 When in doubt, discuss with your associates.

 Be well prepared with firm data supporting your position.

 Always strive to keep some flexibility in your position.

 Don't concern yourself just with what the other party says and does; find out why.

 Respect the importance for face saving for the other party.

 Be alert to the real intentions of the other party-not only for goals, but also for
priorities.

 Be a good listener.

 Build a reputation for being fair but firm.

 Learn to control your emotions and use them as a tool.

 As you make each bargaining move, be sure you know its relationship to all other
moves.

 Measure each move against your objectives.

 Pay close attention to the wording of every clause negotiated; they are often a source
of grievances.

 Remember that collective bargaining is a compromise process; There is no such thing

as having all the pie.

 Try to understand people and their personalities.

 Consider the impact of present negotiations on those in future years.

 Collective Bargaining Members:

 Registered Nurses

 Physicians

 Other Professionals

 Technical Employees

 Non -Professionals

 Organization of Collective Bargaining Unit:

 Assemble a group of nurses who support collective bargaining.

 Arrange a meeting with a representative of nurses association of state level.

 Assess feasibility of an organizing campaign.

 Conduct necessary review of literature to develop a plan of action.

 Establish an organizing committee.

 Initiate the process of obtaining authorization cards.

 Schedule an informal meeting.

 Ensure voluntary recognition from the employer.

 Seek certification by national registration agency.

 Initiate contract negotiations

 Collective Bargaining Process:

The collective bargaining process involves five steps:

1. Prepare: This phase involves composition of a negotiation team.

2. Discuss: Both parties decide the rules that will guide the negotiations.
3. Propose: It involves the initial opening statements and the possible options that
exist to resolve them.
4. Bargain: Negotiations are easy if a problem solving attitude is adopted. This stage
comprises the time when ‘what ifs’ and ‘supposals’ are set forth and the drafting
of agreements take place.

5. Settlement: This stage is described as consisting of effective joint implementation

of the agreement through shared visions, strategic planning and negotiated change.

 Obstacles:

o Registered nurses who participate in organizing drives could be summarily fired.

o Hospital could refuse to recognize and bargain with nursing organizations.

o The associations spend years softening up the turf.

 Advantages:
 Contract to guide standards.

 Participation in decision making process.

 All union members and management must confirm to terms of contract without
exception

 Process exists to question manager’s authority if member feels something was done
unjustly.

 Nurses gain control of practice.

 Improve professional relationships.

 Professionalism can be promoted.

 Protect patients from inadequate and unsafe care.

 Give economic security.

 Ensure that nurses have fair pay, good benefits and safe working conditions.

 Provide power.

 Establish effective channels of communication with decision-makers.

 Disadvantages:

 Reduced individuality.

 Other union members may outvote one’s decisions.

 Disputes are not handled with individual and management only.

 Must pay union dues even if one does not support unionization.

 Issues:

 Wages and working conditions

 Work norms
 Incentive payments
 Job security
 Changes in technology
 Staff transfers and promotions
 Grievances
 Disciplinary matters
 Health and safety
 Union activities/responsibilities
 Management rights
 Health care cost
 Inadequate staffing pattern
 No cooperation among nurses

 Difference between Individual & Collective Bargaining:

 Collective bargaining relates to group bargaining as opposed to individual bargaining

about wages and conditions of work. Flanders has pointed out a number of differences

between collective and individual bargaining.

 First, an individual bargain is about the buying or selling of a particular commodity

whereas collective bargaining does not involve the buying or selling of anything; it is

merely an agreement on the conditions under which buying or selling will take place.

 Secondly, an individual bargaining usually stipulates the terms and conditions of trade

in detail, whereas in collective bargaining only the minimum terms and conditions are

specified.

 Thirdly, individual bargaining is essentially a market activity (i.e. buying and selling)

whereas collective bargaining is essentially a political activity (a strike or lock-out is

really a diplomatic use of power).

 Fourthly, as collective bargaining is a political rather than economic activity, different

factors have to be taken into account, for example, collective bargaining is frequently

undertaken by professional negotiators who recognise the need to maintain

relationship with the other side and therefore will not necessarily press their

advantage to the full.

 Lastly, collective bargaining unlike individual bargaining is not restricted to a

discussion of economic matters, but is concerned with other issues also; it is

concerned, for example, with workers’ rights, the control of industry and so on.

 Summary:
Today we have discussed about meaning, definition of collective bargaining, history
of collective bargaining & characteristics, types, purposes & objectives of collective
bargaining. We have also discussed about principles, organization & members of
collective bargaining. The process of collective bargaining, advantages, disadvantages
& different issues of collective bargaining has been also discussed.
  Conclusion:
Collective bargaining is the process of a setting an agreement between employee &
employers. It is continuous, formal & dynamic process. It helps to resolve certain issues &
provides agreement to help the rights of the employee. There is great influence of National
Labor Relation Act on collective bargaining. There are certain principles for collective
bargaining & it differs from individual bargaining in many points.

 Bibliography:
1. B. T.Basavanthappa. “NURSING ADMINISTRATION”, 3rd edi;2009, Sanat Printers,
Kundli, Page no-479 & 480.
2. Navdeep Kaur Brar & HC Rawat, “TEXTBOOK OF ADVANCED NURSING
PRACTICE,”1st edi;2015, Rajkamal Electric Press, Kundli, Haryana, Page no-111-
116.
3.
 Web references:
1. www.slideshare.net/abhilash02/collective-bargaining-16002992
2. www.slideshare.net/7411884105/collective-barganing
3. https://en.wikipedia.org/wiki/Collective_bargaining
4. legaldictionary.net/collective-bargaining/