Collective bargaining Essays

Collective bargaining Essays Collective bargaining Essay Collective bargaining Essay A labor union is an association of workers formed for the primary objective of influencing the employers decisions and policies concerning employment conditions. In the event that demands of employees are not met by management, employees turn to the labor union for assistance. Labor isolation Labor relations are governed by a number of legislations. Said legislation provides among other things the following: 1 ) Procedure for union elections 2) Requirement for employers to bargain with a union 3) Defines and prohibits certain unfair labor practices on the part of the employer that might discourage fair bargaining) Controls for improper practices 5) Rights of union member 6) Government-regulated system of collective bargaining COLLECTIVE BARGAINING G Collective bargaining is a social process. It requires negotiations between representatives of management and labor to accomplish in writing an agreement covering terms and conditions of employment. Collective bargaining is aimed at working toward the attainment of new equilibrium between two social forces and to make easier the maintenance of the established equilibrium. Notwithstanding the difficulties to be met, elective bargaining is an effective practice to preserve labor-management autonomy in a free and democratic society. Collective bargaining is a continuous process. Although negotiations take place only periodically, after the contract is signed, a number of parts of the bargaining process remain to be performed. Stipulations contained in the contract must be communicated to managers, employees and other union officers. Meanwhile, both parties keep watching for flaws in their contract so that they can introduce amendments at the succeeding negotiations. They furthermore study local industry-wide and nationwide labor relations developments to see how their own contract may, in some ways, be affected. Collective bargaining is a flexible, give and take process, it, therefore, requires both careful preparations and skilful maneuvering with flexibility. Negative attitudes bring about a wrong emotional tone in bargaining sessions. Planning for Negotiations Management must first look into the state of its labor relations because each forthcoming bargaining will be contingent on what has gone before that. This will help the management determine if they will be antagonistic or cooperative. Management should also consider the possible attitude it would face across the bargaining table. Trouble existing within the union may spill over the bargaining sessions. Top management should appoint a bargaining team and work with it in developing the basic bargaining strategy and an effective bargaining plan. Participation by supervisors and middle managers should be encouraged by top management in planning for negotiations. They are the people who are actually posted on the provisions of the contract and are well-informed on the strong and weak points contained therein. Bargaining Tactics The following are the three (3) tactics commonly used by bargainers to make their bargaining more effective: 1) A recess Whenever negotiators become fatigue or when members of a bargaining committee desire to discuss some important points privately, they request a recess. This allow the parties to return to the conference table with united front, after reconsidering their position and after gathering more information to back up their stand. ) Delay of Deliberation When negotiations are stalled on troublesome issues they request that the matter be tabled and taken up in subsequent meetings. They expect that the situation or the negotiating atmosphere will change to enable them to more easily resolve the issue under consideration. 3) Counterproposal Alternative solutions to problems are presented by negotiating parties. Usually the union does most of the asking. Management, on the other hand tries to reduce whatever may reverse the one-way relationship and grab the initiation of ideas away from the union negotiators. Mediation and Contract Settlement In the event that an agreement cannot be reached, the union may stage a strike or a mediator brought to the negotiating table by one of the parties or by the government. The mediator must be an outside specialist who is unbiased, emotionally stable and with a wide experience. He must be able to present fresh viewpoints, not previously considered, in settlement of the issues under consideration. He serves as a confidential intermediary for both parties. When an agreement is reached, it should be put into writing as clearly and to the point, as much as possible. Unless most readers can understand it, it will not be of benefit. The contract is written to stabilize relationships so that the use of legal terminologies should be minimized. After the signing of the contract, the next Step is to communicate it to those who are to work under its rules, in accordance with it stipulations. GRIEVANCE SYSTEMS A grievance system is a formal system through which disputes over working rules are expressed, processed and judged in an organization. It provides a means by which all edged wrongs may be justifiably resolved among an organizations members. What is grievance? Grievance is defined as any real or imagined feeling of personal injustice that an employee has about the employment relationship. In some unionized organizations, a grievance is taken to mean any protested violation of the labor agreement. A person harboring dissatisfaction may present a grievance with for himself and/or for others. A person may file a grievance with the grievance system formally. If stated informally, it is at times referred to only as a complaint or a gripe. Grievance Rates The grievance rate is stated in terms of the number of written cases in a erred. Grievance rate is usually 5 to 20. A low rate is not necessarily desirable because it may manifest a suppression of grievances. Grievances are developed by all employees of all types and at all levels. Ways to reduce grievance: 1) Effective contract administration- Fair, open and prompt adjudication of problems that arise tends to lessen misunderstanding underlying many grievances. 2) Participative management- Whenever employees participate in decision-making regarding working conditions, they have fewer reasons to file grievances about them. Benefits of Grievance System ) Helps make employees problems known 2) Encourage solution of problems before they become serious 3) Helps prevent future problems 4) Gives employees emotional release for their dissatisfactions 5) Helps establish and maintain a working relationship in the group 6) Provides a check and balance on arbitrary management actions Grievance Procedures 1) Employee (the grievance) discusses grievance with the supervisor 2) Employee presents grievance in writing to the supervisor 3) Steward present grievance to department head 4) Union present grievance to general manager 5) Grievance is submitted to impartial arbiter It is important that a grievance be processed within a short span of time and that, delays should be avoided. Delays in action prevent immediate settlement, which may be misunderstood by the grievance. A supervisor who delays acting a grievance in effect strengthens the grievances cause and gives the impression that the impression that the supervisor sees the soundness of the grievance which he is afraid to face. Arbitration If the grievance is not settled at the organizations hierarchical level, either labor or management may submit the case to arbitration, for a final and ending decision by a third party or parties. The arbitrators decisions govern only until the next collective bargaining negotiation. The interpretation of what the existing contract means is referred to as grievance arbitration. Arbitration to establish new contract terms is referred to as contract arbitration. The former leads to grievance settlement, whereas the latter replaces collective bargaining agreement. Benefits of Arbitrators in Arbitration 1) Arbitrators are outsiders who bring a fresh perspective. 2) Arbitrators are not emotionally involved in the dispute ) They can render a decision that usually is enforceable in the courts.