Collective bargaining

3. INTRODUCTION
The term collective in collective
bargaining if used because both the
employer and employees come together
and put a collective effort to establish
mutually agreeable terms and
conditions for employment. The term
"collective bargaining" was first used in
1891 by Beatrice Webb, a founder of
the field of industrial relations in
Britain

4. General objective
By the end of the seminar the
learners will acquire adequate
knowledge regarding collective
bargaining, health care labour law,
union and professional association
and appreciate this knowledge in
the professional area with a positive
attitude.

5. Specific objective
On the completion of the class the learners will be able to,
 define collective bargaining
 Enlist the objectives of collective bargaining
 Enumerate the characteristics of collective bargaining
 Explain the process of collective bargaining
 Describe the levels and types of collective bargaining
 determine the nurse managers role in collective bargaining
 Understand about health care labour laws
 Explain the trade union
 Describe the professional Association

6. Terminology
Negotiation
A negotiation is a strategic discussion that resolves an issue in a
way that both parties find acceptable.
Bargaining
It is the discussions between people in order to reach
agreement on something such as prices, wages.
Union
A society or association formed by people with a common
interest or purpose

7. Definition
Collective bargaining is a process of negotiation between the
employees and the organised workers represented by their
Union in order to determine the terms and conditions of
employment
Collective bargaining has been defined as the
technique that has been adopted by unions and
management for compromising there conflicting
interest.

8. Collective bargaining refers to a process by which
employees on the one hand and representatives of the
employees on the other attempt to arrive at agreements
covering the conditions under which employees will
contribute and be compensated for their services.
(Michael J Jucius)

9. Collective bargaining and nursing
• The working condition and
safety
• Wages
• Salary
• Autonomy
• Staffing
• Benefits
• Promotions

10. Objectives of collective bargaining
 To provide an opportunity to the employees/ workers to
voice their problems on issues related to their job.
 To arrive at an agreement on wages and other service
conditions of their job.
 To facilitate reaching is solution that is acceptable to all
the parties involved.
 To negotiate voluntarily, yielding some concessions and
sacrifices by both parties.
 To resolve all conflict and disputes in a mutually
agreeable manner.

11.  To provide stable and peaceful organisation
and relations.
 To enhance the productivity of the
organisation by preventing strikes Lockout
 To protect the interest of the workers
through collective action
 To resolve the differences between nurse
employees & management through
negotiation.

12. TYPES OF BARGAINING (Fosson JA )
1) CONJUNCTIVE OR
DISTRIBUTIVE BARGAINING:
• They try to settle economic issues such
as wages, benefits, bonus, salaries etc.
• One party’s gain and is another party’s
loss
• More competitive.

13. 2) COOPERATIVE /INTEGRATIVE BARGAINING
• Both the parties may gain or at least neither
party loses
• It tend to be more co operative
• Both parties are trying to make more of
something
• A win-win situation

14. 3) PRODUCTIVITY BARGAINING:
• Substantial benefits based on
productivity standards.
• Management control over workplace
relations.
• Management offers a pay raise in
exchange for alterations to employee
working practices designed to increase
productivity

15. 4) COMPOSITE BARGAINING
• Wages with equity
• labour bargains for wages , and demanding equity in matters
relating to work norms, employment levels and
environmental hazards etc

16. Process of collective bargaining

17. PREPARATION FOR COLLECTIVE BARGAINING
•Preparation should begin months before the contract
talks.
• Chairperson should be establish and maintain pleasant
relationship with union representatives
• Obtain information from other nurse executives about
union activities in neighbouring health agencies.
•Review other labour contracts negotiating in other
agencies to determine what type of demands were
made by various worker categories.

18. •Keep ongoing recording agency's employees
grievances and analyse these before negotiation
begins.
•Research the wage salary structures of other health
agencies in the community.
•Should read the act to identify limitations

19. PROCESS OF COLLECTIVE
BARGAINING
Preparatory
phase
Discussion
Proposal
BargainingSettlement
Formalizing
agreement
Enforcing
agreement

20. Preparatory phase
• Selection of negotiation team:
when to listen
when to speak
when to stand their ground
went to concede
went to make counterproposal
• Identification of problem
• Examination of situation and issues for negotiation
• Collection of data

21. Discussion Phase
• Decide an appropriate time and set a proper
climate for negotiation
• Decision on ground rules
• Maintenance of mutual trust and
understanding
• Involve in active listening, asking questions,
and summarizing decision

22. PROPOSAL PHASE
•This phase involves the
initial opening statements
• The possible alternative/
opinion that exist to resolve
them.
• Brainstorming

23. Bargaining Phase
 Problem solving
 Proposals are set forth
Settlement phase
 This is an important phase in which both the
parties come to a common consensus and
agreement on common decision
 Negotiated change

24. Formalizing the agreement
• Drafting of agreement
• Sign in the agreement
Enforcing the agreement
To have the agreement effective and
meaning it should be enforced or
implemented immediately

25. Importance of collective bargaining

26. Importance to employee
It increases the strength of work force thereby increasing their
bargaining capacity as a group
It increases the morale and productivity of employees.
It restrict management freedom for arbitrary action against the
employees.
Effective collective bargaining machinery strengthen the trade
union movement.
Collective bargaining develop a sense of self respect and
responsibility among the employees.

27. Importance to employers
 It becomes easier to the management to resolve issues at the bargaining level
rather than taking up complaints of individual workers.
 It tend to promote a sense of job security among employees and thereby tend
to reduce the cost labour turnover to management.
 Collective bargaining open up the channel of communication between the
worker and the management and increases worker participation in decision
making.
 Collective bargaining plays a vital role in setting and preventing industrial
disputes.

28. Importance to the society
 Collective bargaining leads to industrial peace in the
country
 It was felt in the establishment of a harmonious industrial
climate which supports which help the pace of a nation
suffered towards economic and social development since
the obstacles to such a development can be reduced
considerably.
 The discrimination and exploitation of workers is
constantly being checked

29. Strikes
A strike action is when
a large no. of people
used to pressure
government or an
Organisation to change
the policy

30. Types of Strikes
• Economic strike
• Unfair labour Strike
• A flash strike
• Sit-down strikes
• Wildcat strikes

31. The role of nurse Administrator in collective
bargaining
• As a nurse administrator she knows the law and ensures the
rights of the nurses as well as management.
• Formulate policies in this regards and communicate to do all
nurses about collective bargaining from induction.
• Encourages nurses to become a member of professional
nurses organisation.
• Discourages nurse joining in any Union other than nurses
• Identifies and explore the reasons for collective bargaining

32. • Before determining for collective bargaining negotiate
problem at her level by discussing the problem directly with
the nurses
• While nurses are on collective bargaining ensures that the
patients are not neglected.
• Keep all nurses informed through regular meetings held close
to the hospital or institution.
• Speaks for nurses and nursing, supports nurses while taking
agreement.
• Takes immediate action of the agreement.
• Documents the event.
• Follow up the action taken.

33. Role of TNAI in collective bargaining
• Where grievances exist, they should be thoroughly
investigated by the government nurses Association and
reported to the local or state TNAI executives
• The State branch executive TNAI, should also known all fact
regarding the situation and be satisfied that justice require
some action.
• All possible approaches through legal effort should be made
to the authorities for correction of the situation.

34. • If no action is taken by the authorities despite all efforts the
situation should be put before the members of government
nurses association for vote regarding Strike.
• At least two months notice should be given before the date
set for the strike
• Ensure that the patient's care in the hospital will not be
affected all possible arrangement for 24 * 7 day care must be
assured.
• And it must be clearly understood that that TNAI and its
members will not support any strike controlled or supported
by any Union or organisation which includes employees other
than nurses.

35. HEALTH CARE LABOUR LAWS
Laws
Law is a rule of being off of conduct
established by an authority able to
enforce its will a controlling regulation
the mode or order according to which
an agent or power acts.

36. Importance and Necessity of Labour
Laws
(1) Improves industrial relation i.e.
employee-employer relations and
minimizes industrial disputes.
(2) Protects workers form exploitation by
the employers or management
(3) Helps workers in getting fair wages
(4) Minimizes labour unrest
(5) Reduces conflicts and strikes etc.

37. (6) Ensures job security for workers
(7) Promotes welcome environment
conditions in the industrial system
(8) Fixes rest pauses and work hours etc.
(9) Provides compensation to workers, who
are victims of accidents.

38. Principles of Labour Laws
• Protection from Discrimination
protect employees from unlawful
discrimination.
Labour law requires that businesses
make attempts to accommodate the
religious beliefs of their employees

39. • Compensation
This law says that employees must
generally be paid a minimum wage
(depending on the state in which they
live).
It also requires that employees who are
employed on an hourly basis be paid
overtime pay (time and a half) if they
work more than 40 hours per week.

40. • Labour Unions
The development of labour
unions has changed the way
that employees deal with their
employers.

41. •Creating a Union
Employees are also free to form unions to bargain
collectively with their employers
To form a union, employees must organize themselves
so that at least 30 percent of the employees of a
business agree to have a union; the names and
signatures of the employees are then submitted to the
National Labour Relations Board. (NLRB)

42. LABOUR LAWS IN INDIA
1. The Employees’ State Insurance Act, 1948
2. The Employees’ Provident Fund and Miscellaneous Provisions
Act,1952
3. The Dock Workers (Safety, Health and Welfare) Act, 1986
4. The Mines Act, 1952
5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
Labour Welfare (Cess) Act, 1976
6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
Labor Welfare Fund Act, 1976
7. The Mica Mines Labour Welfare Fund Act, 1946

43. HEALTHCARE LAWS
1. Andhra Pradesh medical practitioners Registration Act 1968
2. Consumer Protection Act 1986
3. Companies act 1956
4. Indian Medical Council act and Amendment Act
5. Indian Medical Central Council Act 2002
6. Indian Medical Council regulation 2002
7. Indian Contract Act
8. Prenatal Diagnostic techniques Amendment Act act 2002
9. Medical termination of pregnancy act 2002
10.payment of wages Act 2005

44. Employees Union
• Trade union is a containing long-term
Association of employees, formed and
maintained for the specific purpose of advancing
and protecting the interest of members in their
working relationship with the employers
• A Trade union is a formal Association of workers
that promote and protect the interest of its
members through collective action.

45. Features of union
 It is association of employees
 It is relativity permanent
 It is formed for securing certain economic and
social benefit to members
 Its focus is on joint, coordinated action and
collective bargaining.

46. Objectives of union
 To bargaining for wages and salaries
 To insist the compensation for the work as per the nature of job.
 To see the minimum wages are paid to the Employees.
 To ensure that due promotions are being given to deserving
employees.
 To ensure that provision of adequate retirement benefit are there
to meet employees financial needs for the rest of the life .

47. To fight for the provision of proper working place, weekend
holidays sick leaves free medical aid ect.
To fight against improper implementation of personnel
policies in respect of recruitment selection promotion
transfer etc
To work as a guide consulting authorities and negotiating
machinery in overcoming the personal problems of members

48. Purpose of union
To be the instruments for solving economic, social,
political, and psychological problems of the employee.
To secure the better wages, better working condition.
To enhance self-respect and dignity
To fulfil of social needs and stability of employment and
other problems during service

49. Types of Trade Unions
• Types of Trade Unions
•  Craft / Skill union: These unions
represents the skilled workers Eg.
Musician, dancers
•  Industrial Union: These unions
represents the peoples in the industry
Eg. Fire Brigade Union

50. • General Union: These represent workers
from different industries & any level of
skills Eg. Indian National Trade Union
Congress (INTUC)
• White Collars Union: They represents
office workers or non manual workers E.g.
National Union of Teachers.

51. Rights & Responsibilities of Trade Unions
Rights
 To protest & take industrial action
 To consultation about changes in work
practice
 To recruit new members
 To Negotiate on their members behalf
 Participation in election
 Participation in Industrial action

52. Responsibilities
 To work with in law
 To listen to members view
 To not pressurize non-members to join
 To keep their members informed
 Vote in election
 Report problem to representatives
 Act within the law when taking part in
action

53. Manager's role during Union organising
 Know and care about employees
 Established fair and well communicated personnel
policies
 Use and effective upward and downward system of
communication
 Ensure that all managers are well trained and
effective

54. Establish a well-developed formal procedure for handling
employee grievances
Have a competitive compensation program of wages and
benefit
Have an effective performance appraisal system in place
Use a fair and well communicated system for promotions
and transfer
Have an administrative policy on unionization

55. ASSOCIATIONS
A professional association (also called a
professional body, professional
organization, or professional society) is
usually a non profit organization seeking
to further a particular profession, the
interests of individuals engaged in that
profession and the public interest

56. Features of association
Associations have the members of the same profession
The members do not use militant method to press upon their
demand
They form associations to meet periodically and discuss their
problems and share experiences
They remain in touch with the administrative officials, political
leaders ect.

57. Objective of professional Association
According to LD white
• To promote personal acquaintance among members with
common interest and problem
• Promote research in the profession by organising periodical
conferences
• To give suggestions for the Reform and improvement
• To disseminate professional knowledge among a large number
of people and stimulate joint and individual researches and help
in in solving many problems pertaining to the profession.

58. Professional organization in nursing
 Trained nurses association of India (TNAI)
 International council for nurses (ICN)
 The commonwealth nurses federation
 The Indian nursing council (INC)
 The red cross society
 The student nurses association (SNA

59. TRAINED NURSES ASSOCIATION OF INDIA (TNAI)
The Trained nurses association of India is a national professional
association of Nurses. The present name and organization were
established in 1908.
AIMS
 Upgrading.
 Development and standardization of nursing education.
 Improvement of living and working condition for nurses in India.
 Registration for qualified nurses.

60. INTERNATIONAL COUNCIL FOR NURSES (ICN)
It was formed in 1899. It’s an international association for all nurses in the
world. Great emphasis has been on non-discrimination.
OBJECTIVES
 Promote the development of strong national nurses associations.
 Assist national nurses association to improve the standards of nursing and
the competence of nurses.
 Assist national nurses associations to improve the status of nurses within
their countries.
 Serve as the authoritative voice for nurses and nursing internationally

61. THE INDIAN NURSING COUNCIL (INC)
The Indian Nursing Council, which was authorized by the Indian Nursing
Council Act of 1947, was established in 1949..
RESPONSIBILITIES
 Prescribes curricula for nursing education in all the states.
 Refuses or Recognizes Programmes of Nursing Education according to
standards required.
 Support high standards in Nursing.
 Providing registration for foreign nurses.
 Maintenance of the Indian Nurses Register

62. Student Nursing Association
Student nurses Association was established in 1929 at the annual conference of
Trained Nurses Association Of India.
Objectives Of SNA
 To uphold the dignity and ideals of the profession.
 Promote a corporative spirit.
 Furnish nurses.
 Encourage leadership ability.
 Increase the students social contacts & knowledge.
 Provide a special section.

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