Collective Bargaining Collective bargaining is process of joint decision-making and basically represents a democratic way of life in industry. It is the process of negotiation between firm’s and workers’ representatives for the purpose of establishing mutually agreeable conditions of employment. It is a technique adopted by two parties to reach an understanding acceptable to both through the processofdiscussionandnegotiation. ILO has defined collective bargaining as, “negotiation about working conditions and terms of employment between an employer and a group of employees or one or more employee, organization with a view to reaching an agreement wherein the terms serve as a code of defining the rights and obligations of each party in their employment/industrial relations with one another”. Collective bargaining involves discussions and negotiations between two groups as to the terms and conditions of employment. It is called ‘collective’ because both the employer and the employee act as a group rather than as individuals. It is known as ‘bargaining’ because the method of reaching an agreement involves proposals and counter proposals, offers and counter offers and
other negotiations.
Collective Bargaining: Definitions Collective action, or simply acting as a group with a single voice, is one method by which to deal with problems. Collective bargaining is the practice of bargaining with reference to wages, work practice, and other benefits by employees in a collective group with management. Collective action is simply acting as a group with a single voice. When a group acts with a single voice and brings ideas to management, it changes from collective action to collective bargaining.
If the group cannot achieve its desires through informal collective bargaining with management, the group may decide to form a union.
Thus collective bargaining: •
is a collective process in which representatives of both the management and employees participate.
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is a continuous process which aims at establishing stable relationships between the parties involved.
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not only involves the bargaining agreement, but also involves the implementation of such an agreement.
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attempts in achieving discipline in the industry is a flexible approach, as the parties involved have to adopt a flexible attitude towards negotiations.
Legislative Development of Collective Bargaining The National Labor Relations Act although the informal roots of collective bargaining can be traced back to the mid-1800s; formal collective bargaining in this country was first legally recognized in 1935 with passage of the National Labor Relations Act (NLRA). This act granted employees the right to self-organization and to form, and help in the organization of, labor unions that could then bargain collectively through representatives. The representatives would be appointed by the union and bargain with management for the purpose of collective bargaining, mutual aid, and protection.4 Under the NLRA. the National Labor Relations Board(NLRB) was established to supervise the implementation of the act. Originally, the NLRA included nonprofit hospitals and other health-care providers under its authority. In its attempt to protect unions, the NLRA prevented some employers from reducing wages, in hopes that higher-paid workers would spend more and decrease the severity of the Depression. One negative result of the NLRA was that many employers who did not have enough income to pay the higher wages went bankrupt.
The Taft-Hartley Act The NLRA was amended in 1947 by the Taft-Hartley Act, also called the Labor Management Relations Act (LMRA), with the goal of restoring equality between the unions and management. TaftHartley excluded nurses in nonprofit hospitals from coverage under the NLRA, legally preventing nurses from organizing collective bargaining units and going on strike. It was not until 1974 that the TaftHartley Act was amended to cover nurses in nonprofit hospitals, thus allowing nurses to form collective bargaining units.
Characteristics Of Collective Bargaining It is a group process, wherein one group, representing the employers, and the other, representing the employees, sit together to negotiate terms of employment. Negotiations form an important aspect of the process of collective bargaining i.e., there is considerable scope for discussion, compromise or mutual give and take in collective bargaining. Collective bargaining is a formalized process by which employers and independent trade unions negotiate terms and conditions of employment and the ways in which certain employment-related issues are to be regulated at national, organizational and workplace levels
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Collective bargaining is a process in the sense that it consists of a number of steps. It begins with the presentation of the charter of demands and ends with reaching an agreement, which would serve as the basic law governing labor management relations over a period of time in an enterprise. Moreover, it is flexible process and not fixed or static. Mutual trust and understanding serve as the by products of harmonious relations between the two parties.
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It a bipartite process. This means there are always two parties involved in the process of collective bargaining. The negotiations generally take place between the employees and the management. It is a form of participation.
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Collective bargaining is a complementary process i.e. each party needs something that the other party has; labor can increase productivity and management can pay better for their efforts.
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Collective bargaining tends to improve the relations between workers and the union on the one hand and the employer on the other.
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Collective Bargaining is continuous process. It enables industrial democracy to be effective. It uses cooperation and consensus for settling disputes rather than conflict and confrontation.
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Collective bargaining takes into account day-to-day changes, policies, potentialities, capacities and interests.
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It is a political activity frequently undertaken by professional negotiators.
Bargaining forms and tactics A collective bargaining process generally consists of four types of activities- distributive bargaining, integrative bargaining, attitudinal restructuring and intra-organizational bargaining. Distributive bargaining: It involves haggling over the distribution of surplus. Under it, the economic issues like wages, salaries and bonus are discussed. In distributive bargaining, one party’s gain is another party’s loss. This is most commonly explained in terms of a pie. Disputants can work together to make the pie bigger, so there is enough for both of them to have as much as they want, or they can focus on cutting the pie up, trying to get as much as they can for themselves. In general, distributive bargaining tends to be more competitive. This type of bargaining is also known as conjunctive bargaining. Integrative
bargaining:
This involves negotiation of an issue on which both the parties may gain, or at least neither party loses. For example, representatives of employer and employee sides may bargain over the better training programme or a better job evaluation method. Here, both the parties are trying to make
more of something. In general, it tends to be more cooperative than distributive bargaining. This type of bargaining is also known as cooperative bargaining.
Attitudinalrestructuring: This involves shaping and reshaping some attitudes like trust or distrust, friendliness or hostility between labor and management. When there is a backlog of bitterness between both the parties, attitudinal restructuring is required to maintain smooth and harmonious industrial relations. It develops a bargaining environment and creates trust and cooperation among the parties. Intra-organizationalbargaining: It generally aims at resolving internal conflicts. This is a type of maneuvering to achieve consensus with the workers and management. Even within the union, there may be differences between groups. For example, skilled workers may feel that they are neglected or women workers may feel that their interests are not looked after properly. Within the management also, there may be differences. Trade unions maneuver to achieve consensus among the conflicting groups.
Importance of collective bargaining Collective bargaining includes not only negotiations between the employers and unions but also includes the process of resolving labor-management conflicts. Thus, collective bargaining is, essentially, a recognized way of creating a system of industrial jurisprudence. It acts as a method of introducing civil rights in the industry, that is, the management should be conducted by rules rather than arbitrary decision making. It establishes rules which define and restrict the traditional authority
exercised
by
the
management.
Importance to employees •
Collective bargaining develops a sense of self respect and responsibility among the employee It increases the strength of the workforce, thereby, increasing their bargaining capacity as a group.
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Collective bargaining increases the morale and productivity of employees.
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It restricts management’s freedom for arbitrary action against the employees. Moreover, unilateral actions by the employer are also discouraged.
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Effective collective bargaining machinery strengthens the trade unions movement.
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The workers feel motivated as they can approach the management on various matters and bargain for higher benefits.
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It helps in securing a prompt and fair settlement of grievances. It provides a flexible means for the adjustment of wages and employment conditions to economic and technological changes in the industry, as a result of which the chances for conflicts are reduced.
Importance to employers 1. It becomes easier for the management to resolve issues at the bargaining level rather than taking up complaints of individual workers. 2. Collective bargaining tends to promote a sense of job security among employees and thereby tends to reduce the cost of labor turnover to management. 3. Collective bargaining opens up the channel of communication between the workers and the management and increases worker participation in decision making. 4. Collective bargaining plays a vital role in settling and preventing industrial disputes. Importance to society 1. Collective bargaining leads to industrial peace in the country 2. It results in establishment of a harmonious industrial climate which supports which helps the pace of a nation’s efforts towards economic and social development since the obstacles to such a development can be reduced considerably. 3. The discrimination and exploitation of workers is constantly being checked.
It provides a method or the regulation of the conditions of employment of those who are directly concerned about them.
Collective bargaining process Collective bargaining generally includes negotiations between the two parties (employees’ representatives and employer’s representatives). Collective bargaining consists of negotiations between an employer and a group of employees that determine the conditions of employment. Often employees are represented in the bargaining by a union or other labor organization. The result of collective bargaining procedure is called the collective bargaining agreement (CBA). Collective agreements may be in the form of procedural agreements or substantive agreements. Procedural agreements deal with the relationship between workers and management and the procedures to be adopted for resolving individual or group disputes. This will normally include procedures in respect of individual grievances, disputes and discipline. Frequently, procedural agreements are put into the company rule book which provides information on the overall terms and conditions of employment and codes of behavior. A substantive agreement deals with specific issues, such as basic pay, overtime premiums, bonus arrangements, holiday entitlements, hours of work, etc. In many companies, agreements have a fixed time scale and a collective bargaining process will review the procedural agreement when negotiations take place on pay and conditions of employment.
The collective bargaining process comprises of five core steps: 1. Prepare: This phase involves composition of a negotiation team. The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. In this phase both the employer’s representatives and the union examine their own situation in order to develop the issues that they believe will be most important. The first thing to be done is to determine whether there is actually any reason to negotiate at all. A correct understanding of the main issues to be covered and intimate knowledge of operations, working conditions, production norms and other relevant conditions is required.
2. Discuss: Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached. 3. Propose: This phase involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as ‘brainstorming’. The exchange of messages takes place and opinion of both the parties is sought. 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: Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.
Features of Collective Bargaining • It is a collective process: The representative of both the management & the employees
participate in it. • It is a continuous process: It establishes regular & stable relationship between the parties involved. • It involves not only the negotiation of the contract, but also the administration or application of the contract also. • It means that bargaining is a day-to-day process • Summer Sticher has rightly observed: “It would be mistake as to assume that Collective Bargaining begins and ends with the writing of the contract. Actually, that is only the beginning of the Collective Bargaining” • It is a flexible and dynamic process: The parties have to adopt a flexible attitude throughout the process of bargaining • It is a method of partnership of workers in management. It is in fact a way to establish industrial democracy. • It is based on give and take approach and take or leave approach. • It is an attempt in achieving and maintaining discipline in industry • It is an effective step in promoting industrial jurisprudence.
Subject matter of Collective Bargaining: • Employment • Relationship between the workers and the management. • Recognition of union • Wages and allowances, hours of work • Leave and festival holidays • Bonus & profit sharing schemes • Seniority and rationalism • Fixation of work loads • Standard of labour force • Programs of planning and development, influencing workforce • Issue related to retrenchment and lay offs • Victimization of trade union activities • PF, gratuity and other retirement benefit schemes
• Incentive schemes • Housing & transport facilities • Issues related to discipline and stop rules • Grievance proceedings • Working conditions • Issues related to safety and accident prevention, occupational diseases and protective clothing. • Employment benefits such as canteens, medical & health services and crèches • Administration of welfare funds • Cooperative thrift and credit societies • Educational recreational and training schemes
The Indian Institute of Personnel Management suggested the following subject matter of Collective Bargaining. • Purpose of agreement, its scope, and the definition of important terms • Rights and responsibilities of the management and of the trade union • Wages, bonus, production norms, leave, retirement benefits and terms & conditions of service • Grievance redressal procedure • Methods and machinery for settlement • Termination clause. Signification of Collective Bargaining • Negotiations • Administration • Enforcement of the written contract between employees and the employer • Process of reserving labour-management conflicts • It is legally and socially sanctioned way of regulating in the public interest the forces of power and influence inherent in organized labour management groups • Labour legislation and machinery for settlement of disputes • To promote cooperation and mutual understanding • To provide strikes and lock-outs • Bipartite / tripartite machinery
• An important solution to the problem of IRs • Importance to employees • Importance to employers • Importance to Society • Functions of Collective Bargaining
Procedure of Negotiation and Collective Bargaining • Discussion between Management/workers/Trade Unions • Counter-proposals followed by arguments come up. • To iron-up differences in the beginning • Frank discussions, mutual benefits and attempts to appreciate the other parties approach/point of view for fruitful negotiations. • No legal compulsion on either side to negotiate of a dispute. • If both the parties are mutually prepared results can be achieved. • When issue is raised by the union, the Industrial Relations Manager to initiate preliminary work and have initial discussions and inform the results to top management. • Thus minor issues are defused and settled peacefully. • A team of senior managers to involve from the management side for discussions in matter. • An IRM is to act as a liaison with the union members and as a bridge.
The Indian Institute of Personnel Management has suggested following procedure for negotiation and Collective Bargaining between Management and Union. 1. Composition of Negotiating Team: • Representatives of both workers and the employees • Adequate qualify job knowledge and skills for negotiations. • To have full authority to speak and make decisions. • Correct understanding of the main issue and intimate knowledge of operations, working
conditions, production norms, etc. • Basic qualities of balanced views even temper, analytical mind, objective look out. • Inclusion of functional heads will be more beneficial. 2. Make a good beginning “Well begun is half done” is true in the Collective Bargaining • Steps for mutual cooperation • Members in the right frame of mind. • Proper climate for mutual understanding and a common desire to reach an agreement. • True spirit of give and take • Maximum chances of success. 3. Maintain continuity of Talks • With good will and understanding • Occasions for emotional outbursts and roadblocks likely • Never to reach the dead end • Side track blind alleys and keep talks continuing • Even under the worst situations breaking off temporarily for scrolling down and rethinking may be necessary. • When the main issue get confused the dust and storm raised, bringing things to fundamentals will then help. • Better to leave controversial issues for the time being and leap over to the next issue. • As the field of agreement is widened and the field of disagreement is narrowed down, small gaps can be bridged over more easily later. • As long as talks continue, a solution will be possible. • To keep the discussion fluid is therefore very important. 4. Develop a problem-solving attitude • Appreciation on both the sides • Better understanding • Better performance and increased prosperity for future • Proper discussion, analyses can fluid a solution with open mind.
5. Encourage leadership • Possibilities of solution of both sides are argued. • Right of association and fight for justice and a fair deal. • United and homogeneous climate on both sides “Management gets the union it deserves” • Principle of justice, sympathy and firness • Growth of healthy and strong trade unionism. Thus development of the right type of leadership is only a matter of time. 6. Bring in the other managers • Contribution and involvement of other managers • Collective agreement covers not just one part, but the entire field of industrial activity. • Lack of understanding and proper communication often create problems and difficulties • Discipline for management and productivity/job security for workers is important. • These are the basic difference and conflict never gets resolved. • At times conflict grows more serious and a situation becomes explosives, threatening discipline peace and production gets disturbed. • Thus maintaining normal conditions and preserving in spirit of agreement in such a situation presents a tough challenge to the skill & ability of the management. 7. Contract Administration • Once a contract is agreed upon it must be diminished • Contract to specify the procedure for handling disagreement over the interpretation of different clause of the agreement. • Almost all Collective Bargaining agreements contain formal procedure to be used in resolving difference over the interpretation and application of the agreement.
Essentials of Successful Collective Bargaining – “Process” • It is an institutionalized representative process • It is a graceful retreat and to compromise
• It involves:a) Psychology b) Politics c) Poker (Interference in a negative way) • It is a tough-minded economic calculus and horse-trading • Bargaining sessions almost are unavoidably contain certain stress and strains • Labour-management tensions are recurrent in nature, since contacts are regularly re-negotiated. • Following conditions must be fulfilled to make Collective Bargaining successful. a) Strong and stable union b) Recognition of trade union c) Permanent bargaining machinery d) Mutual accommodation e) Political climate f) Bargainers authority World trends on Collective Bargaining • Collective Bargaining was initially coined by Sydney & Beatrice Webb in 1897 • Trade unionism came into existence during early 20th Century in England • In USA, Collective Bargaining is an important element • It became national bargaining between two world wars • In India, it is not very popular in the private sector but is very popular in public sector • Bipartite agreements in banks is very common practice • Trade unions put forward their demands with counter demands from the management. • Coercive tactics from both sides • Industry-wise bipartite committees formation • Workers participation in management • Collective Bargaining at various levels is feasible and effective. Obstacles to Collective Bargaining in India Progress of the Collective Bargaining process is not very encouraging in India. Most of the unions and management lay emphasis on adjudication rather sorting out issues themselves.
Several factors are responsible for this: • Multiple unions • Non-recognition • Political orientation • Defective laws • Mediation by political leaders Suggestions for effective Collective Bargaining • To create conditions for strong, stable representative by union • Recognition by the law of the trade unions • Political leadership to be replaced by internal workers leadership • No political interference • Both management and unions should adopt peaceful means of settling disputes • Adjudication to be resorted to as last resort, when all other remedies have failed.
Advantages of Collective Bargaining •
Collective Bargaining is Flexible and Mobile and not fixed or Static : It has fluidity and ample scope for compromise, for a mutual give and take before the final agreement is reached or arrived
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at. ...
Collective bargaining is not a competitive process but is essentially a complementary process : Each party needs something that the other party has namely, labour can make a greater productive effort and management has the capacity to pay for that effort and to organize and guideitforachievingit'sobjectives. ...
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Better Planning: The agreements that come from Collective bargaining are for set time periods, can allow management to plan for the future based on those agreements
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It is an open means of airing grievances in an orderly negotiating factor. An employee who has issues regarding certain aspects of their work can address them in a calm collective environment. Redresses the imbalance of power. Employers have major power
within society the use of collective bargaining restores a balance between employees and employers •
Flexible.
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Involves workers.
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Manages conflict. Conflict between the social partners can be managed through negation, which in turn creates industrial peace and a harmonized society.
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Requires consent of all representatives involved.
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Collective bargaining encourages industrial peace and less strikes which is a major factor, which encourages FDI (foreign direct investment)
Advantages includes •
Contract to guide standards
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Participation in decision-making process
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All union members and management must conform to terms of contract without exception
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Process exists to question manager’s authority if member feels something was done unjustly
Collective bargaining has been around since World War 2 and has developed rapidly, some collective bargaining agreements are registered with the labour court and are binding by law, however others are only mutually accepted agreements.
Disadvantages of
Collective Bargaining
Indian Labour owing mostly to ignorance or illiteracy is not capacitated with the responsibility
to
sit
and
discuss
in
the
course
of
Collective
bargaining.
Collective bargaining though a solvent of for labour disputes lacks representation of the public interest at the bargaining table : When unions and companies agree on wage increase, it might cause rise in price ; then the consumer will have to shoulder the full burden
of their
agreement. Collective bargaining in a capitalist society lie mainly in the financial arena. Collective bargaining in the form of wage rounds leads to both wage and grade drift : Wage drift leads to higher wage costs for employers and higher inflation within the economy, which inturn leads to higher into rest rates and lower investment. Disadvantages includes •
Reduced individuality
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Other union members may outvote one’s decisions
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All union members and management must conform to terms of contract without exception
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Disputes are not handled with individual and management only; less room for personal judgment
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Must pay union dues even if one does not support unionization
PHASES OF COLLECTIVE BARGAINING and UNIONIZATION Organizing Phase To form a union an organizer must establish internal contacts. In a hospital or other health care agency, the organizer needs at least one nurse on each shift to assist with unionization. The organizers should be known by a majority of the nurses, be knowledgeable about related laws, and be able to use free time for organizing. The organizers ascertain the level of interest informally by listening, asking questions, and supplying information. After an assessment period, the organizers
meet, discuss the prevailing climate, identify the frustration level, enumerate the kinds and extent of employment problems, and assess the nurses’ interest in unionization. If interest is minimal, further organizing efforts should be postponed. If nurses show interest in organizing, the campaign is planned. There must be commitment from the nurses before a formal organization can be established. To achieve this, the organizers hold informational meetings. Coordination of efforts, development of unity, identification of problems and concerns, education about collective bargaining, and active participation of nurses are the tasks to be accomplished in the organizing meetings. The organizers should work in nonwork areas on their own time. The organizers contact the labor organization that they want to represent them for information and authorization cards. An organizing committee can research facets of the institution, prepare a timetable, anticipate employer tactics, and identify ways to deal with them, and develop a system for communication with nurses. The labor organization can send a letter to the employer informing management that the nurse within that agency are organizing and that the activity is protected by law. The union petitions the NLRB for an election. Recognition Phase The organizers must get at least 30% of the nurses to be represented to sign individual authorization cards before the labor organization can act on behalf of the group. Handing out authorization cards is solicitation but cannot be prohibited by management anywhere in the agency during nonworking time. Recognition of the labor organization by the employer is necessary before collective bargaining can begin. Some employers will recognize the labor organization on a voluntary basis when given proof of the majority representation. Thus, it becomes necessary to obtain certification from the NLRB. The number of bargaining units within an agency is held to a minimum. Appropriate bargaining units include the following: (1) technical employees, such as x-ray technicians, surgical technicians, and license practical nurses; (2) Service and maintenance employees, such as employees doing kitchen work, laundry, and house-keeping; (3) business office clerical employees, such as receptionists, clerks, and switchboard operators; and (4) professional employees, such as nurses. Spouses and children of the employees, temporary employees, and managerial employees are not eligible to vote. People who have the authority to hire, fire, and direct others are considered
managers. This may include nurse managers, head nurses, and change nurses. As a member of management, the vice president for director of nursing is ineligible to vote. Contract Negotiation Phase The piecemeal, total, and combination approaches can be used for contract negotiations. The step-by-step method is used to progress from the easy to the hard issues. The decisions are not irrevocable, trading takes place, and decisions are reworked until negotiations are acceptable to both parties. The union representatives present the solutions to the members for a ratification vote to accept or reject the offer. If the solutions are accepted, the employee and management representatives sign the agreement, and it becomes binding. If they are rejected, the representatives reassemble to continue negotiating the contract. During contract negotiations, the union is on the offensive and management is on the defensive. The union makes most of the demands whereas management defends itself against them and prepares for a strike. The threat of a strike strengthens the union negotiations position. Strikes in the health care settings requires more special and elaborates notification procedures than those in other industries. This allows for the delay of new admission or referral to other facilities. Alternative health care plans are made for ambulatory patients. Some hospitalized patients may be transferred to other agencies, and supervisory personnel are scheduled to care for the remaining patients. The NLRB categories collective bargaining types into three groups: •
Illegal-Violates the laws
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Voluntary and –need not be negotiated unless both sides consent to do so .It includes size of the bargaining team, union dues, management salaries, and patient charges.
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Mandatory- is related to conditions of employement, work hours, and remuneration.
Contract often starts with a preamble that states both parties objectives and a pledge of cooperation. Near the beginning, there is a statement of the employer’s recognition of the union as the bargaining representatives for specific employees with specification of employees who are excluded. A union security clause requires new workers to join the union. Union security is protected by establishing a closed shop, union shop, agency shop, or maintenance of membership arrangement in the contract. •
Closed shop requires the employer to hire and retain only union members in good standing. However, the labor management Relations Act of 1947 for employers and employees in industries affecting interstate commerce prohibits this.
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Union shop requires all employees to become members of the union within a specific time after hiring and to maintain membership as a condition of employment.
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An agency shop requires all employees in the negotiating unit who do not join the union pay a fixed amount equivalent to organization dues on a regular basis as a condition of employment. The money may go to the organization’s welfare fund or to a charity.
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The maintenance of membership clause requires union members to maintain their membership during a specific period, such as the duration of the contract.
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Financial remunerations including wages and salaries, shift differentials, overtime rates holiday pay, cost of living adjustment, longevity, and merit increase –receives considerable attentions. Nonfinancial remuneration including insurance, retirement’s plans, employees services such as free lunches and parking, vacations, holidays, leaves and educational assistance also receives considerable attention.
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The union usually strives to have rewards made on the basis of seniority. Guidelines for discipline, grievances procedures and professional standards are also negotiated. After acceptance of the contract by the union members through a ratification vote, the contract is signed by employee and employer representatives and becomes binding.
CONTRACT ADMINISTRATION Implementation of the agreement, the final phases of the unionization process, interprets and enforces the agreement developed during negotiations. When one of the parties involved does not abide by the terms of the contract, a grievance may result. Grievances are most commonly filed against management because management has a more active role than the union in the administration of the contract. The grievances procedure is usually addressed in the contract. Underlying causes of grievances should be identified and corrected so that future grievances will be prevented. Different types of grievances require different reactions from managers and union leaders. A legitimate grievances result when one party violates the agreement between parties. Managers’ ignorance of the agreement and lack of commitment are the major causes. It is not uncommon for first line managers to function without having read the contract and with the attitude that labor relations are a chore. •
It is advisable to develop training programs to familiarize managers with the contract and to set labor relations objectives as priorities for managers.
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Imagined grievances occur when a party incorrectly believes that there has been a violation. Employees sometimes imagine grievances because they do not understand their rights. The stewards should correct the misunderstanding before it becomes a formal grievance. Political grievances occur for reasons other than the concern itself . Management may want to appear supportive to subordinates manager and stewards to union members so they do not adequately advise the complainant about available information. A cooperative atmosphere between labor and management is the best way to avoid political grievances.
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Harassment grievances are sometimes fabricated to distress the other side. Unions in connection with negotiations most commonly use them. Management usually denies the grievances, forcing the union to drop the grievances or request arbitration. If the contract indicates that both sides share arbitration expenses harassment grievances are usually dropped.
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Organization should have a grievances procedure even if they are not unionized. This allows employees to management regarding issues of concern to them and conveys management intent to be fair. Grievances can be handled in a decentralized or centralized manner.
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Decentralized process, the immediate supervisor tries to resolve as many problems as possible, and grievances rarely progress further. This encourages a close working relationship between manager and staff members. Unfortunately, there may be inconsistent decisions because of the number of people involved in the process.
Levels of collective bargaining Collective Bargaining operates at three levels 1. National level 2. Sector or industry level 3. Company or enterprise level
Economy-wide (national) bargaining is a bipartite or tripartite form of negotiation between union confederations, central employer associations and government agencies. It aims at providing a floor for lower-level bargaining on the terms of employment, often taking into account macroeconomic goals. Sectoral bargaining, which aims at the standardization of the terms of employment in one industry, includes a range of bargaining patterns. Bargaining may be either broadly or narrowly defined in terms of the industrial activities covered and may be either split up according to territorial subunits or conducted nationally. The third bargaining level involves the company and/or establishment. As a supplementary type of bargaining, it emphasizes the point that bargaining levels need not be mutually exclusive.
Health Care Labour Law •
In 1935, the National Labor Relations Act (NLRA), OR THE Wagner Act, was passed in an effort to end the Depression. It prevented some employers from cutting wages in the hopes that higher worker incomes and increased spending would lessen the severity of the economic depression. Unfortunately, some employers went bankrupt because they could not decrease wages. Employers could not legally fire employees who sought unionization. The NLRA created the National Labor Relations Board (NLRB) to investigate and initiate administrative proceedings against employers who violated a law that listed employer violations only.
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In 1887, the Nurses’ Associated Alumnae of the United States and Canada was formed, and in 1911 it became the American Nurses Association (ANA). In 1946, the ANA started the Economic Security Program to help state associations bargain collectively. Because the NLRA was biased toward unions, it was amended in 1947 by the Taft-Hartley Act, or Labor Management Relations Act. It listed union restrictions to restore equality between employers and employees. Nonprofit health care institutions, however, were exempted from the law. The unions developed public relations problems when some of them went on strike during the war and when unions were blamed for the postwar inflation.
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In 1959, the laws were further modified by the Landrum-Griffin Act, or Labor-Management Reporting and Disclosure Act, to safeguard against corrupt financial and election procedures used by some unions. The Union Members’ Bill of Rights resulted.
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The Equal Pay Act of 1963 establishes that men and women performing equal work should receive equal compensation.
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The Civil Rights Act of 1964 prohibits discrimination and promotes employment based on ability and merit. It specifically mentions race, color, religion, gender, and national origin. Equal employment opportunity legislation is to prevent discrimination while affirmative action plans are to actively seek to correct past injustices.
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The Age Discrimination in Employment Act (ADEA) of 1967 promotes employment of older people based on their ability rather than age, and the 1978 amendment increased the protected
age to 70 years. Although statistics show a trend toward earlier retirement, Congress voted to remove the age restriction except in certain categories in 1987. •
The Rehabilitation Act of 1973 provides affirmative action to recruit, hire, and advance qualified handicapped people. Congress passed the Americans with disabilities act (ADA) in 1990 to eliminate discrimination against people with physical or mental impairments, including physical disabilities, cancer, diabetes, and human immunodeficiency virus, and persons recovering from alcoholism and drug use.
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The Vietnam Veterans Act of 1973/1974 addresses employment rights and privileges for veterans. It has also allowed some nurses to get reemployed after serving in the Persian Gulf War even though there was a nursing surplus at the time.
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In 1974, Public Law 93-360, the Nonprofit Health Care Amendments to the Taft-Hartley Act, extended federal collective bargaining rights to private sector employees. It created notification procedures that must precede a strike and ensured employees of the rights to join, or refrain from joining, a union. The 1974 amendments to the NLRA resulted in the following changes. Required unions to give a 10-day prestrike notice Did not permit a strike or lockout during the notice period. Required unions to give advance written notice of contract termination or modification to the employer and to a federal mediator and conciliation service. Required mediation by a federal mediator and conciliation service Allowed a board of inquiry to be established to settle disputes Allowed a board of inquiry to be established to settle disputes Allowed employees to be held exempt form a requirement to join or financially support a union for bona fide religious grounds
This extended the legal protection of nurses for collective bargaining. Because of declining union membership in manufacturing industries, unions welcomed the expanded market. The shift from
manufacturing to service industries, increased in nonstandard work like part-time jobs, technology, globalization, capital mobility, worker attitudes, employer resistance, and hostile legislation have challenged unions. The Taft-Hartley Amendment gives the NLRB the responsibility to determine the composition and size of bargaining units. However, all NLRB decisions are subject to review by several federal circuit courts of appeal, which did reject separate bargaining units for registered nurses. In 1984, the NLRB made a landmark decision to recognize two broad units of professional and nonprofessional employees (St. Francis Hospital II NLRB 948, 1984), which the federal court of appeals overturned in 1987. In 1987, the NLRB designated eight bargaining units in Hospital Registered nurses, Employed physicians, All other professionals, Technical employees, Skilled maintenance employees, Business office and Clerical staff, Security guards and all other nonprofessional employees. Nursing homes, psychiatric hospitals, and rehabilitation facilities were exempt. The NLRB had never used its rule-making power to establish bargaining units before. In May 1989, the American Hospital got injunctive relief against the rules, and the Chicago Federal District Court issued a permanent injunction against the rule in July 1989. However, in April 1990 the U.S. Court of Appeals for the Seventh Circuit reversed the lower court’s decision. In 1991 the U.S. supreme court upheld the NLRB ruling that unions can organize eight separate groups of hospital employees. This
opened the market of the minimally unionized health care industry to unions (Grohar-Murray & DiCroce, 2003; National Labor Relations Act, 1935). •
The Family and Medical Leave Act (FMLA) of 1993 was intended to cover pregnancy and maternity leave but became very broad. The act requires employers with 50 or more employees to provide up to 12 weeks per year of unpaid, job-protected leave. Eligible workers must be employed for at least 12 months and completed 1250 hours of service during the 12 months immediately preceding the leave.
A worker is entitled to a leave for the following circumstances: (1) For the birth of worker’s child, (2) For adoption or foster placement of a child with worker, (3) To provide care for a child, spouse, or parent with a serious health condition, and (4) When the worker is unable to perform functions of the job position because of a serious health conduction. The worker then has the right to return to work in the same or an equivalent position with equivalent benefits, compensation, and conditions of employment and to take leave on a reduced time or intermittent basis if medically necessary for a serious health condition of the worker, child, spouse, or parent. The employer can require the worker to use accured paid vacation and sick leave time in lieu of part of the 12weeks of unpaid leave. The employer must continue to pay health benefits for the duration of the leave. Records are to be maintained with the medical information and kept confidential and separate from the personnel file (Grohar Murray & DiCroce, 2003). In 1994, the U.S. Supreme Court decision on in National Labour Relations Board (NLRB) v. Health Care and Retirement Corporation of America was that licensed practical nurses employed by Heartland Nursing Home in Urbana, Ohio, were considered “supervisors” who acted in the interest of their employer when performing patient care duties, and were consequently not eligible for protection under the amended NLRA. In 1996, the NLRB reinterpreted the NLRA and issued a decision containing a detailed analysis of nursing duties, defining true supervisory of work according to labor law. In the NLRB
decision, nonsupervisory employees continue to have the right to organize for collective bargaining purposes. NLRA section 7 about employee rights states the following: Employees shall have the right to self-organization, to form, join, or assist labour organization, to bargain collectively through activities for the purpose of collective through activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3).
Collective Action Models: Shared Governance
Shared governance is where nurses and managers work together to define their roles and expected outcomes. It holds everyone accountable for his or her role and expected outcomes. •
Partnership
•
Equity
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Accountability
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Ownership
Workplace Advocacy
Workplace advocacy refers to the activities nurses undertake to address problems in their everyday workplace setting.
Activities include forming committees to address problems, devising alternatives to achieve optimal care, and inventing new ways to implement change.
Factors Influencing Nurses to Unionize Feelings of powerlessness
Desire to eliminate discrimination and favoritism Desire to communicate concerns to management without fear of losing jobs Need to initiate change Concerns over wages, staffing, safety, job security
Nurses Questions about collective bargaining Is it unprofessional? Nurses have a great deal of difficulty in adjusting their image to that of a union member or a striker. It just does not seem to be professional. For many nurses it seems that there must be other ways to achieve the same goals without collective bargaining. Organizers of collective bargaining units stress that many other professionals, such as pilots, teachers, and even physicians, are members of unions. Union organizers contend that it is even less professional to accept low pay and poor working conditions than it is to join a union to improve these elements. They also feel that collective bargaining will give nurses control over their practice, which is one of the keys to professionalism. Is It Unethical? One of the major beliefs of nurses is the priority of the clients' health and well-being over the personal needs and gains of the health-care provider. This concern conflicts with the methods commonly used by collective bargaining units, such as strikes or work slowdowns. There is a feeling among many health-care providers that these types of actions constitute abandonment of their clients and therefore violate the code of ethics. Law requires that a 10-day notice must be given before a strike takes place. This gives the hospital a chance to prepare for the strike and to make changes to ensure client safety, such as transferring -critical care clients to another hospital, eliminating elective surgeries, and refusing to admit new clients. If the hospital fails to take appropriate measures when they have received
adequate notice, then the issue of client abandonment becomes their responsibility, not that of the nurses who have gone on strike. Is It Divisive? Nurse Against Nurse Does the process of collective bargaining set nurse against nurse? Collective bargaining is adversarial by nature. It sets two groups, management and employees, against each other. Although this relationship can result in conflict, it allows the staff nurses to be
heard and to initiate changes that
affect the practice of nursing. Nurses have been attempting for years to improve working conditions in the health-care setting ■ and to achieve comparable worth. Administrators I pay little attention to an individual nurse or to a small group of concerned nurses. When a collective bargaining unit speaks for all of the nurses, however, administration will listen. Closed or Open Shop? Different collective bargaining units have different requirements for membership, which are often included in the negotiations. Closed shop or agency shop Many unions negotiate a closed shop or agency shop clause in the contract. A closed shop institution requires that all the employees pay membership dues whether they belong to the union or not. The rationale behind the closed shop approach is that because all the employees benefit from the union's negotiations, they should all pay for it. It also encourages employees to join the union because they are already paying the dues. Open shop Those employees who desire to be members join the union and pay dues. There is more chance for nurse-to-nurse conflicts in open shop institutions because of the divisions between those who belong to the union and those who do not. Is There a Threat to Job Security?
Although the main goals of collective bargaining are improvement of working conditions and protection from unfair labor practices, it can itself pose a threat to job security. Taking action always carries risk. Nurses involved in collective bargaining have to consider the riskto-benefit ratio before they take action. Some legal protections exist for nurses who organize collective bargaining. Grievance procedures against vengeful administrators can be initiated under the unfair labor practice rules. Even if successful nurses may pay toll in both financial and emotional terms in the process of proving they were right. ROLE OF NURSE MANAGER IN UNIONIZATION AND COLLECTIVE BARGAINNING
• She should take initiation in organizing collective bargaining unit Steps in Organizing a Collective Bargaining Unit Assemble a group of nurses who support collective bargaining. Arrange a meeting with a representative of the state nurses’ association. Assess the feasibility of an organizing campaign. Conduct necessary research to develop a plan of action. Establish an organizing committee and subcommittees. Begin the process of obtaining union authorization cards. Schedule an informal meeting for nurses eligible for the collective bargaining unit. Keep the lines of communication open with nurses. Seek voluntary recognition from the employer. Move toward formal organization of the unit.
Seek certification by the National Labor Relations Board as the exclusive bargaining agent of the unit. Initiate contract negotiations.
Other Roles during Initiation of Unionization
Know the law, and make sure rights of the nurses as well as management are clearly understood.
Act clearly within the law, no matter what the organization delegates to you as manager. Find out the reasons the nurses want collective action. Discuss and deal with the nurses and the problems directly and effectively. Distribute lists of disadvantages of unionization, such as paying dues. Distribute examples of unions that did not help with patient care issues.
Employees’ Role during Process Nurses desiring to choose a collective bargaining agent must be sure they know the laws that have been instituted and follow them carefully. Know your legal rights and the rights of the manager. Act clearly within the law at all times. If a manager acts unlawfully, e.g., by firing an employee for organizing, report the employer’s actions to the National Labor Relations Board. Keep all nurses informed through regular meetings held close to the hospital. Set meeting times conveniently around shift changes and assist with child care during meetings.
Striking
A collective bargaining agent cannot make the decision to strike. The decision to strike can be made only by a majority of union members. Most nursing collective bargaining agents put a no-strike clause in the contract. The 1974 Health Care Amendments to the National Labor Relations Act contain provisions that guarantee the continuation of adequate patient care in a strike situation.
Collective Bargaining Agents Service Employees International Union State Nurses’ Associations National Union of Hospital and Health Care Employees of the Retail, Wholesale and Department Store Union
American Nurses Association (ANA) The ANA is a full-service professional organization representing the nation’s entire registered nurse population. Functions of ANA •
Represents the interest of nurses in collective bargaining
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Advances the nursing profession by fostering high standards for nursing practice
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Lobbies Congress and regulatory agencies on health care issues affecting nurses and the general public
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Initiates many policies pertaining to health care reform
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Publishes its position on issues
Professionalism and Unionization
Characteristics of a profession include requiring a long period of specialized education, having a service orientation, and having autonomy. Many nurses believe that autonomy precludes involvement in a union. Others believe unionization is the only way to achieve autonomy.
Managing in a Union Environment Nursing management may not be part of the union, but nurse managers must work with the union to manage within the rules and context of contract agreements. A grievance is where a union member feels that management has failed to meet the terms of the contract or labor agreement and communicates this to management. All union contracts specify grievance proceedings for their members.
COLLECTIVE BARGAINING: CONCEPT AND IMPACT IN INDIA Collective bargaining has been defined by different experts in different ways. Nevertheless, it is treated as a method by which problem of wages and conditions of employment are resolved peacefully and voluntarily between labour and management. However, the term collective bargaining is opposed to individual bargaining1. Sometimes, it is described as a process of accommodation between two conflicting interests here, power stands against power. The I.L.O. defines collective bargaining: "As negotiations about working conditions and terms of employment between an employer, or a group of employers, or one or more employers' organizations, on the one hand, and one or more representative workers' organization on the other with a view to reaching agreement."
This definition confines the term collective bargaining as a means of improving conditions of employment. But in fact, collective bargaining serves something more. Perlman aptly stated,” Collective bargaining is not just a means of raising wages and improving conditions of employment. Nor is it merely democratic government in industry. It is above all technique, collective bargaining as a technique of the rise of a new class is quite different ...... from the desire to displace or abolish" the "old ruling class"... ... to gain equal rights as a class ... ... to acquire an excessive jurisdiction in that sphere where the most immediate interests, both material and spiritual, are determined, and a shared jurisdiction with the older class or classes in all other spheres.2” COLLECTIVE BARGANING in India has been the subject matter of industrial adjudication since long and has been defined by our Law Courts. In Karol Leather Karamchari Sangathan v. Liberty Footwear Company the Supreme Court observed that, “Collective bargaining is a technique by which dispute as to conditions of employment is resolved amicably by agreement rather than coercion." According to the Court, the Industrial Disputes Act, 1947 seeks to achieve social justice on the basis of collective bargaining. In an earlier judgment in Titagarh Jute Co. Ltd. v. Sriram Tiwari , the Calcutta High Court clarified that this policy of the legislature is also implicit in the definition of ‘industrial dispute'. In Ram Prasad Viswakarma v. Industrial Tribunal 4the Court observed that, "It is well known how before the days of ‘collective bargaining', labour was at a great disadvantage in obtaining reasonable terms for contracts of service from its employer. As trade unions developed in the country and Collective bargaining became the rule, the employers found it necessary and convenient to deal with the representatives of workmen, instead of individual workmen, not only for the making or modification of contracts but in the matter of taking disciplinary action against one or more workmen and as regards of other disputes." In Bharat Iron Works v. Bhagubhai Balubhai Patel 5, it was held that “Collective bargaining, being the order of the day in the democratic, social welfare State, legitimate trade union activities, which must shun all kinds of physical threats, coercion or violence, must march
with a spirit of tolerance, understanding and grace in dealings on the part of the employer. Such activities can flow in healthy channel only on cooperation between the employer and the employees and cannot be considered as irksome by the management in the best interests of its business. Dialogue with representatives of a union help striking a delicate balance in adjustments and settlement of various contentious claims and issues." These definitions only bring out the basic element in the concept i.e., civilized confrontation between employers and employees and the whole process is regulated by statutory provisions.
POSITION OF COLLECTIVE BARGAINING IN INDIA Collective Bargaining machinery essentially is a reflection of a particular social and political climate. The history of the trade union movement shows that union are affiliated to one or the other political parties. As a result, most of the trade unions are controlled by outsiders. Critic says that the presence of outsiders is one of the important reasons for the failure of collective bargaining in India.
Outsiders in the Process of Collective bargaining:The Trade Unions Act, 1926, permits outsiders to be the office bearers of a union to the extent of half the total number of office bearers. So, it permits one to be the leader of the union who does not actually work in the industry. Sometimes a dismissed employee working as a union leader may create difficulties in the relationship between the union and the employer. Nevertheless, experience shows that outsiders who have little knowledge of the background of labour problems, history of labour movement, fundamentals of trade unionism and the technique of the industry and with even little general education assume the charge of labour union and become the self-appointed custodian of the welfare of workers. The employers, therefore, have
been reluctant to discuss and negotiate industrial matters with outsiders, who have no personal or direct knowledge of day-to-day affairs of the industry. Accordingly employees refuse recognition to the unions which are either controlled by the politicians or affiliated to a particular political party or controlled by a particular individual. Government cannot morally compel employers to accord recognition to unions without driving out the politicians from them. The State must outright ban "outsiders" from the trade union body. Further, provision for political funds by trade unions should be eliminated, since it invariably encourages the politicians to prey upon them. The National Commission on Labour has overlooked this aspect. The Commission does not favour a legal ban on non-employees for holding the union office. It says that without creating conditions for building up the internal leadership, a complete banning of outsiders would only make unions weaker. The Commission hopes that internal leadership would develop through their education and training. Accordingly, the Commission suggests proportion of the outsiders and the workers in a union executive. On realizing the problems of outsiders in the Union, the Industrial Relations Bill, 1988 proposes to reduce the number of outsiders to two only.
Politicization of Trade-Union Movement in India:•
It is well known that the trade-union movement in India is divided on political lines and exists on patronage of various political Parties. Most of the trade-union organizations have aligned themselves with a political party with whom they find themselves philosophically close.
•
It is because of this that the Indian National Trade Union Congress is considered to be the labour wing of congress, whereas H.M.S. is considered to be the labour wing of Socialist party. Bhartiya Majdoor Sangh pledges its allegiance to B.J.P. and C.I.T.U. has the support of C.P.I. (M). It is also the case with the AITUC which had started as a national organization of workers but subsequently came to be controlled by the Communist Party of India and is now it's official labour wing.
•
Political patronage of trade-unions has given a new direction to the movement whose centre of gravity is no longer the employees or workmen. The centre has shifted towards it leadership whose effectiveness is determined by the extent of political patronage and the consequent capacity to obtain the benefit. This shifting centre of power is the necessary consequence of political parties search for workers votes, which they seek by conferring benefits on them. Since the public sector which is really the instrumentality of the State, has emerged as the biggest employer in this country, the collective bargaining -between the union patronized by the party-in-power and the employer has become an important methodology. It is because of this process that agreements conferring benefits are signed even in those units where financial losses are mounting. It is also our experience that in spite of wage increase end improved conditions of service, there has been no corresponding improvement in production or the productivity. In addition, most of the losses are being passed on to the consumers by increasing prices of the products. It is in this context that Justice Gupta has, in his, 'Our Industrial Jurisprudence" made the following observations:” If our experience is any guide, it reveals that level of increase in wages etc., ( in public sector undertaking )is now decided by the Bureau of Public Enterprises which takes into consideration only the Political impact and 'Consumer resistence' as two dominant factors. This is the reason why the prices of almost all products of necessity like coal, iron and steel, cement, sugar etc. have been constantly increasing. A survey of pending and decided industrial disputes of the last 10 years reveals that there was virtually no industrial dispute regarding wage structure or bonus in any industry of some significance.
There are also not many collective bargaining agreements which have tried to link wages with productivity. Clearly,therefore, the basic idea of ‘sharing the prosperity' which developed because of our commitment to the cause of 'social justice' is no longer current and the expected end product of the process of ' social justice ' is no longer expected. The process of collective bargaining is not likely to succeed unless the threat of strike/lockout is there in the back-ground. Strike and lock-out are the weapons used by both the parties daring the collective bargaining process. Without having these weapons at hands, neither of the party to the dispute can defeat the claim of the other. The peculiar feature of our country while compared to
the advanced nations of the world is that the economic conditions of the workers is very poor and as a result they can not afford a long-standing strike.
Critical Evaluation:In Indian labour arena we see, multiplicity of unions and Inter-union rivalry. Statutory provisions for recognizing unions as bargaining agents are absent. It is believed that the institution of collective bargaining is still in its preliminary and organisational stage. State, therefore, must play a progressive and positive role in removing the pitfalls which have stood in the way of mutual, amicable and voluntary settlement of labour disputes. The labour policy must reflect a new approach. Hitherto the State has been playing a dominant role in controlling and guiding labour-management relation through its lopsided adjudication machinery. The role of the industrial adjudicator virtually differs from that of a judge of ordinary civil court. The judge of a civil court has to apply the law to the case before him and decide rights and liabilities according to its established laws, whereas industrial adjudicator has to adjust and reconcile the conflicting claims of disputants and evolve “socially desirable" rights and obligations of the disputants. In deciding industrial disputes the adjudicator is free to apply the principle of equity and good conscience. However, it is said that the impact of the romantic attitude of the judiciary towards workers has not proved conducive to the peaceful industrial relations. It is accepted that the end of judicial proceeding is pain and penalties. It cannot solve the problems of industries. Accordingly it is said that, "While statutes, rules, regulations, pains and penalties have their place in the ordering of industry, they do not touch the core of the problems of industrial relations." Moreover, advocates of adjudication contend that as the collective bargaining procedure might end in a strike or lockout, which implies a great loss to the parties concerned and the country, so for the sake of industrial peace, the adjudication becomes necessary. Industrial peace can be established by the adjudication for the time being. But the conflicts are driven deeper and it will retard industrial production. In the absence of effective collective bargaining, the anti–productivity tendencies are bound to appear.
Suggestions:For an effective Collective Bargaining in India the following suggestions are made : Ø Recognition of trade union has to be determined through verification of fee membership method. The union having more membership should be recognized as the effective bargaining agent. Ø The State should enact suitable legislation providing for compulsory recognition of trade union by employers. Ø Section 22 of the Trade Unions Act, 1926 should be amended. Ø The provision for political fund by trade unions has to be done away with-since it invariably encourages the politicians to prey upon the union. Ø State has to play a progressive role in removing the pitfalls, which stand in the way of mutual, amicable and voluntary settlement of labour disputes.
Trade unions in India
AITUC rally in Alappuzha
AITUC mural in Ernakulam
May Day rally in Mumbai
APFTU rally in Hyderabad
UTUC(L-S) mural in Kolkata
In India the Trade Union movement is generally divided on political lines. According to provisional statistics from the Ministry of Labour, trade unions had a combined membership of
24,601,589 in 2002. As of 2008, there are 11 Central Trade Union Organisations (CTUO) recognised by the Ministry of Labour.
Recognised CTUOs in INDIA Political affiliation in brackets. •
All India Central Council of Trade Unions (Communist Party of India (Marxist-Leninist) Liberation)
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All India Trade Union Congress (Communist Party of India)
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All India United Trade Union Centre (Socialist Unity Centre of India)
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Bharatiya Mazdoor Sangh (Rashtriya Swayamsevak Sangh)
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Indian National Trade Union Congress (Indian National Congress)
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Indian National Trinamool Trade Union Congress (All India Trinamool Congress)
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Centre for Indian Trade Unions (Communist Party of India (Marxist))
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Hind Mazdoor Sabha (socialists)
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Labour Progressive Federation (Dravida Munnetra Kazhagam)
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SEWA
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Trade Union Coordination Committee (All India Forward Bloc)
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United Trade Union Congress (Revolutionary Socialist Party)
Other trade union centres •
Akhil Bharatiya Kamgar Sena (Akhil Bharatiya Sena)
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All India Centre of Trade Unions (Marxist Communist Party of India (United))
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All India Federation of Trade Unions (marxist-leninists)
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Andhra Pradesh Federation of Trade Unions (Communist Party of India (MarxistLeninist))
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Anna Thozhil Sanga Peravai (All India Anna Dravida Munnetra Kazhagam)
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Bharatiya Kamgar Sena (Shiv Sena)
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Bharatiya Mazdoor Sabha (Provisional Central Committee, Communist Party of India (Marxist-Leninist))
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Hind Mazdoor Kisan Panchayat (Janata Dal (United))
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Indian Confederation of Labour
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Indian Federation of Trade Unions (Communist Party of India (Marxist-Leninist) New Democracy)
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Kerala Trade Union Congress (Kerala Congress, KTUC(B) belongs to KC(B), KTUC(M) belongs to KC(M), etc.)
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Maharashtra General Kamgar Union (Kamgar Aghadi)
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New Trade Union Initiative
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Pattali Trade Union (Pattali Makkal Katchi)
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Socialist Trade Union Centre (SNDP)
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Swatantra Thozhilali Union (Indian Union Muslim League)
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Telugu Nadu Trade Union Council (Telugu Desam Party)
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Trade Union Centre of India (Communist Party of India (Marxist-Leninist))
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United Trade Union Congress (Bolshevik) (Revolutionary Socialist Party (Bolshevik))
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Confederation of Free Trade Unions of India (CFTUI) ( Non-political afiliated Unions of India )
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United Trade Union Congress (Marxist) (Revolutionary Socialist Party (Marxist))
Collective labour law Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions, sometimes called "labour unions"
List of various Central Labour Acts
Laws related to Industrial Relations 1
The Trade Unions Act, 1926 The Trade Unions (Amendments) Act, 2001
2
The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Rules, 1946
3
The Industrial Disputes Act, 1947
1
Laws related to Wages The Payment of Wages Act, 1936 The
2
Payment
of
Wages
Rules,
1937
The Payment of Wages (AMENDMENT) Act, 2005 The Minimum Wages Act, 1948 The Minimum Wages (Central) Rules, 1950
3
The Working Journalist (Fixation of Rates of Wages) Act, 1958 Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
4
The Payment of Bonus Act, 1965 The Payment of Bonus Rules, 1975
1 2 3 4
Laws related to Working Hours, Conditions of Services and Employment The Factories Act, 1948 The Dock Workers (Regulation of Employment) Act, 1948 The Plantation Labour Act, 1951 The Mines Act, 1952
5
The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955 (Conditions
6 7 8 9
The Working Journalists and other Newspaper Employees’ of Service and Misc. Provisions) Rules, 1957
The Merchant Shipping Act, 1958 The Motor Transport Workers Act, 1961 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 The Contract Labour (Regulation & Abolition) Act, 1970 The Contract Labour Regulation Rules
1 0
The Sales Promotion Employees (Conditions of Service) Act, 1976 The Sales Promotion Employees (Conditions of Service) Rules, 1976
1 1 1 2 1 3
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 The Shops and Establishments Act The Cinema Workers and Cinema (Regulation of Employment) Act, 1981
Theatre
Workers
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984 The Cine Workers’ Welfare Fund Act, 1981.
1 4 1 5 1 6
1 2
The Dock Workers (Safety, Health & Welfare) Act, 1986 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 Laws related to Equality and Empowerment of Women The Maternity Benefit Act, 1961 The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society 1 The Bonded Labour System (Abolition) Act, 1976 2 The Child Labour (Prohibition & Regulation) Act, 1986 3 The Children (Pledging of Labour) Act, 1933
1 2 3
Laws related to Social Security The Workmen’s Compensation Act, 1923 The Workmen's Compensation (Amendments) Act, 2000 The Employees’ State Insurance Act, 1948 The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 The Employees’ Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996
4
The
Payment
of
Gratuity
Act,
5
The Payment of Gratuity Rules The Unorganised Woekers' Social Security Act 2008 The Unorganised Workers' Social Security Rules 2008
1972
Laws related to Labour Welfare 1 2 3 4
The Mica Mines Labour Welfare Fund Act, 1946 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 The Beedi Workers Welfare Fund Act, 1976 The
Beedi
Workers
Welfare
Cess
Act,
1976
The Beedi Worker's Welfare Cess Act Rules, 1977
5 6 7 8 9
1
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976 The Cine Workers Welfare Fund Act, 1981 The Cine Workers Welfare Cess Act, 1981 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Laws related to Employment & Training The Employment Exchanges (Compulsory Notification Vacancies) Act, 1959
of
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
2
The Apprentices Act, 1961
Others
1 2 3 4 5 6 7 8 9 10
The Fatal Accidents Act, 1855 The War Injuries Ordinance Act, 1943 The Weekly Holiday Act, 1942 The National and Festival Holidays Act The War Injuries (Compensation Insurance) Act, 1943 The Personal Injuries (Emergency) Provisions Act, 1962 The Personal Injuries (Compensation Insurance) Act, 1963 The Coal Mines (Conservation and Development) Act, 1974 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988 The Public Liability Insurance Act, 1991
THE TRADE UNIONS ACT, 1926 OBJECTIVES The Trade Unions Act, 1926 provides for registration of trade unions (including association of employers) with a view to render lawful organization of labour to enable collective bargaining. The Act also confers on a registered trade union certain protection and privileges. SCOPE AND COVERAGE As per section 1 (2) the act extends to the whole of India and it applies to all kinds of unions of workers and associations of employers which aim at regularizing the Labour Management relations. As per section 2(h) of the Act, a 'trade union' is a combination, whether temporary or permanent, formed for regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers. Besides, a trade union may be formed for imposing restrictions on the conduct of any trade or business. ADMINISTRATIVE AUTHORITY The Commissioner of Labour of this Union Territory of Puducherry functions as the Registrar of Trade Union for the purpose of the Act. MEANING OF TRADE UNION
In common paralance, a trade union connotes an association of workers in a particular trade or industry. As per section 2(u), a trade union means any combination, whether temporary or permanent, formed primarily to regulate the relations between workmen and employers, or
workmen and workmen, or employers and employers and for imposing any restrictive conditions on the conduct of any trade or business. Further, any federation of 2 or more trade unions shall also be a trade union. REGISTRATION OF TRADE UNIONS
Registration of a trade union is not compulsory but is desirable since a registered trade union enjoys certain rights and privileges under the Act. As per section 4 of the Act minimum seven workers of an establishment (or seven employers) can form a trade union and apply to the Registrar for its registration. The application for registration should be in the prescribed form and accompanied by the prescribed fee, a copy of the rules of the union signed by atleast 7 members and a statement containing – (a) the names, addresses and occupations of the members making the application, (b) the name of the trade union and the address of its head office, and (c) the title, name, age, address and occupation of its office-bearers. If the union has been in existence for more than a year, then a statement of its assets and liabilities in the prescribed form should also be submitted along with the application. The executive committee/office-bearers of the union should be constituted in accordance with the provisions of the Act. As per section 6 of the Act, the rules of the trade union should clearly mention its name and objects, the purpose for which its funds can be used, provision for maintenance of a list of members, procedure for admission of ordinary, honorary or temporary members, rate of subscription (being not less than Rs.0.25 p.m. per member), procedure for amending or rescinding rules, manner of appointing Executive Committee and other officebearers, safe custody of funds, audit and inspection of account books, procedure for dissolution of the union and changing its union. The Registrar may call for further information for satisfying himself that the application is complete and is in accordance with the provisions of sections 5 and 6 and that the proposed name of the union does not resemble with the name of any other existing trade union. On being satisfied with all the requirements, the Registrar shall register the trade union and issue a certificate of registration, which shall be a conclusive evidence of its registration. (Section 9)
APPOINTMENT OF OFFICE-BEARERS
Section 22 stipulates that at least 50% of the office-bearers of a union should be actually engaged or employed in the industry with which the trade union is concerned, and the remaining 50% (or less) can be outsiders such as lawyers, politicians, social workers, etc. For being appointed as an office-bearer or executive of a registered trade union, a person must have1. Attained the age of 18 years; and 2. Not been convicted of any offence involving moral turpitude and sentenced to imprisonment, or a period of at least 5 years has elapsed since his release.
CANCELLATION OF REGISTRATION
As per section 10 the Registrar can withdraw or cancel registration of a trade union on an application being made for its cancellation or by giving at least 2 months notice under any of the following circumstances1. if registration has been obtained by fraud or mistake 2. if the union has ceased to exist 3. if it has willfully contravened any of the provisions of the Act or 4. if any rule which is required under Section 6, has been deleted
DISSOLUTION OF TRADE UNION
Section 27 provides that a registered trade union can be dissolved in accordance with the rules of the union. A notice of dissolution signed by any seven members and the Secretary of the Union should be sent to the Registrar within 14 days of the dissolution. On being satisfied, the Registrar shall register the notice and the union shall stand dissolved from that date. The funds of the union shall be divided by the Registrar amongst its members in the manner prescribed under the rules of the union or as laid down by the Government.
Strikes
Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that: •
The strike is decided on by a prescribed democratic process. (Wildcat strikes are illegal).
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Sympathy strikes, against a company by which workers are not directly employed, may be prohibited.
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General strikes may be forbidden by a public order.
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Certain categories of person may be forbidden to strike (airport personnel, health personnel, teachers, police or firemen, etc.)
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Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.
A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Throughout history, workers have used tactics such as the go-slow, sabotage, or just not turning up en-masse to gain more control over the workplace environment, or simply have to work less [2]. Some labour law explicitly bans such activity, none explicitly allows it.
Pickets (protest)
Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business they are striking against to make their presence felt, increase worker participation, and dissuade (or prevent) strike breakers from entering the workplace. In many countries, this activity is restricted by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel to join a picket). There may be laws against obstructing others from going about their lawful business (scabbing, for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example).
Workplace involvement Workplace consolation statutes exist in many countries, requiring that employers consult their workers on issues that concern their place in the company. Industrial democracy refers to the same idea, but taken much further. Not only that workers should have a voice to be listened to, but that workers have a vote to be counted.
Co-determination Originating in Germany, some form of co-determination (or Mitbestimmung) procedure is practiced in countries across continental Europe, such as Holland and the Czech Republic, as well as Scandinavian countries (e.g. Sweden). This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political
consensus since the Helmut Schmidt social democrat government introduced the measure in 1976. In the United Kingdom, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy). This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split on the board, but its effect would have been even more radical. Because British company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the UK slid into the winter of discontent. This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented. In Sweden, this is regulated through the 'Law on board representation' (Lagen om styrelserepresentation). The law covers all private companies with 25 or more employees. In these companies, workers (usually through unions) have a right to appoint two board members and two substitutes. If the company has more than 1,000 employees, three members and three substitutes are appointed by workers/unions. It is common practice that seats are divided between representatives from the major union coalitions. History of the American Nurses Association Collective Bargaining Efforts Although nurse CBAs have been negotiated under the aegis of several national unions, the largest nurse union is the United American Nurses, which, as an affiliate of the ANA, is comprised of members of ANA's constituent states' local bargaining units. The ANA has more than a half-century of unionizing and traditional CB experience, which was acquired particularly during periods of nursing shortages. Calling upon such experience can be extremely useful to help nurses find their voice and change the health care environment during the current shortage. A summary of that experience follows.
The Post-World War II Shortage Although the ANA had promoted the economic security and general welfare of nurses throughout the first half of the 20th century, it had not engaged in CB (Forman & Davis, 2002). This lack of CB involvement likely reflected the predominate view that nursing was a calling and not an occupation. In the post World War II years, however, poor working conditions, inadequate pay, and an increased demand for nurses resulted in an acute national shortage of nurses (Flanagan, 1986). Concern about the future of nursing was fueled by a report that had been prepared by Raymond Rich Associates, a consulting firm hired by ANA. The report stated, '....nursing could not hope to maintain high standards of practice, attract qualified recruits, or retain the best nurses unless the profession did everything in its power to gain for nurses a decent measure of social and economic security' (Ketter, 1996, p. 4). In response to the report, a resolution was adopted at the 1946 ANA Convention to establish an economic and general welfare program. The program provided guidelines and assistance to State Nurses Associations (SNAs), now called Constituent Nurses Associations (CNAs), for promoting the economic security of nurses and engaging in CB. Subsequent certification of ANA as a labor organization in 1949 paved the way for SNAs to represent registered nurses as their bargaining agents. Subsequent Shortages According to Flanagan (1986), 'by the early 1960s, nurses in SNA local units were successfully negotiating provisions for shortened hours of work, salary increases, shift differentials, shift rotation, overtime, length-of-service increments, sick leave, health benefits, retirement plans, grievance procedures, Social Security coverage, and more' (p. 16). Nevertheless, by the mid-1960s a critical shortage of nurses attributed to economic exploitations was occurring once again, which prompted the ANA in 1966 to adopt the Resolution on National Salary Goal. This resolution established the salary goal of not less than $6,500 for entry-level registered nurses, and called upon SNAs to use negotiation through CB to implement the goal (Ohio Nurses Association, n.d.). The establishment of a salary goal provided the impetus for many SNAs to secure higher entry-level salaries for nurses through CB. Not until 1974, however, were nurses in non-public hospitals offered protection under the NLRA. Therefore,
before 1974, mass resignations were used as a collective action in lieu of strikes (Flanagan, 1986; Ketter, 1996; Patton, 1998). In 1965, Patton (1998) used mass resignation as a method to change employment conditions following thwarted CB efforts. As a staff nurse in an Ohio hospital, she was part of a nursing staff that faced 'staffing and scheduling problems, no input in decisions affecting nursing, physicians controlling promotions, a low starting wage, few benefits, and no pension' (p. 80). She recounted, 'the final insult was management's offer of a 10-cent-per-hour raise for fulltime nurses, with only five cents per hour for part-time nurses, which were most of us. This was later called the most expensive nickel in hospital history because it galvanized us to...organize [through the Ohio Nurses Association (ONA)] for [CB]' (p. 80). Unwillingness of an obdurate management to negotiate with ONA resulted in a mass resignation of 85% of the nursing staff. Assistance of a federal mediator was obtained, and thirteen days later, the nurses returned to work with 'a contract in hand' (p. 80). Patton's CBU was the first to be represented by ONA. Today ONA's Economic and General Welfare program includes more than 5,500 registered nurses in 29 local units (ONA, personal communication, October 21, 2003). Once or twice each decade throughout the next twenty-five years, cyclical, short-lived nursing shortages occurred primarily as a function of an economic supply and demand (Phillips, 2003). When the national economy was on the upside and more employment opportunities existed for nurses, shortages would occur (Gelinas & Bohlen, 2002). Hospitals would attempt to fill RN positions with lower-wage workers, such as LPNs or nurse aides, and only as a last resort would raise RN wages (Phillips, 2003). During these times, CB was particularly useful for nurses because it provided a tool to demand a voice in decisions affecting them and their job security. Such demands continue to be relevant in today's health care environment The New York State Nurses Association (NYSNA), the American Nurses Association (ANA), and the International Council of Nurses (ICN) have long supported the right of nurses to organize, bargain collectively, and engage in union actions and activities. These activities grow out of the professional and ethical standards of the nursing profession. Nurses have the obligation to establish the means to effectively influence and implement standards of practice
within the employment setting and to ensure employment conditions that permit delivery of the highest quality of nursing care. The ANA first recognized the power of unionism in 1946, when its House of Delegates unanimously adopted an economic security program for nurses, which included state associations representing nurses for the purposes of collective bargaining. An article from the ANA Online Journal of Issues in Nursing states, “As a legally regulated negotiating tool, collective bargaining empowers nurses to find a voice for requiring change in their own economic and general welfare and in the healthcare environment. By implication, the procedures established by the National Labor Relations Act (NLRA), and additional state laws, require employers to negotiate with their employees as equals.” NYSNA first recognized the need for attention to the economic and general welfare of the professional nurse in 1901 as part of its Articles of Incorporation, formally creating its Economic and General Welfare (EGW) Program in 1957.
Collective bargaining and ethics The concepts of social justice outlined in three national nursing documents (Code of Ethics for Nurses with Interpretive Statements , Nursing’s Social Policy Statement, and Nursing: Scope and Standards of Practice) require nurses to be accountable to both their patients and the larger healthcare system. Over the years there has been a shift in the conceptualization of the role of the nurse from loyal subordinate to autonomous advocate. The Code directs nurses to act to change those aspects of social structures that detract from the health and well-being of the individual patient, as well as of the individual nurse. Notably, the Code states that collective bargaining is an ethical and appropriate action that not only assures the right to just compensation and humane working conditions for all nurses, but also helps nurses to fulfill their ethical obligation to balance the interests of themselves and their patients.
Leadership in the bargaining unit Leadership holds the key to transforming the nursing community. Transformational leadership places emphasis on interpersonal relationships and is defined as the ability to create supportive environments of shared responsibility that lead to new ways of knowing. By taking leadership roles, LBU members become involved with other nurses who are actively engaged in efforts to positively influence the nursing profession. The Executive Committee consists of officers elected by the LBU membership, such the president/chair, vice president/vice chair and secretary. The role of the executive committee includes assessing the overall status of the LBU and planning strategies for meeting goals. The Labor Management Committee includes representatives from both labor and management. The committee addresses the labor concerns of the membership; investigates, develops, and implements a plan of action; and promotes adherence to the collective bargaining agreement. The Grievance Committee is comprised of the elected grievance chairperson and delegates. The committee reviews work-related problems expressed by any bargaining unit member; determines whether the problem constitutes a contractual violation; and takes appropriate and timely action to process a grievance or facilitate resolutions to other work-place problems. The goal of the Nursing Practice Committee is to develop an avenue through which the LBU members and Nursing Administration can communicate effectively and facilitate actions that directly impact upon and improve the organization and the overall delivery of nursing services. Other LBU committees include the Membership Committee and Rules Committee. The LBU also may choose to create a Health & Safety Committee, Internal Organizing Committee, or Political Advisory Committee. Federal Legislation In a precedent-setting case in 1997 before the National Labor Relations Board, the California Nurses' Association won the right to review extensive patient care information for bargaining purposes. This also included JCAHO quality indicators.
Possibly stemming from the right to have this type of information, the "Patient Safety Act" (H.R. 1288 and S.966) was introduced by Sen. Harry Reid (D-NV) and Rep. Maurice Hinchey (D-NY) to provide for "whistle-blower" protections for nurses. It sets forth procedures for filing, investigating complaints, conducting hearings, and enforcing final orders to prevent reprisals against employees who report questionable or unsafe working conditions. The House bill has far more co-sponsors than the Senate bill. Unionization of nurses does not promote quality care. The expense of negotiation and contract administration-over and above wage and benefit costs-is passed along to the patient. Thus, unionization tilts the allocation of resources toward the "economic and general welfare" of the CONCLUSION Collective Bargaining consists of labor and management negotiation. Unionization in nursing is steadily increased over the last quarter of 20 th century. The ANA act as a professional association for RNs and a collective bargaining unit. In India TNAI is a professional organization which acting as a collective Bargaining unit.
