DEFINITION COLLECTIVE BARGAINING IS ANAGREEMENT BETWEEN A SINGLEEMPLOYER OR AN ASSOCIATION OFEMPLOYERS ON THE ONE HAND ANDA LABOUR UNION ON THE OTHER,WHICH REGULATES THE TERMS ANDCONDITIONS OF EMPLOYMENT” TUDWIG TELLER
DEFINITION• “COLLECTIVE BARGAINING IS A PROCESS OF DISCUSSION AND NEGOTIATION BETWEEN TWO PARTIES, ONE OR BOTH OF WHOM IS A GROUP OF PERSONS ACTING IN CONCEST…. MORE SPECIFICALLY IT IS THE PROCEDURE BY WHICH AN EMPLOYER OR EMPLOYERS AND A GROUP OF EMPLOYEES AGREE UPON THE CONDITIONS OF WORK” (THE ENCYCLOPAEDIA OF SOCIAL SCIENCE)
HISTORY OF COLLECTIVE BARGAINING
HISTORY• IN THE YEAR 1913: THE CALIFORNIA LEGISLATURE EXTENDED THE EIGHT HOUR LAW TO PUPIL NURSES.• 1919 – FORMATION OF THE UNION OF STEWARDS AND NURSES.• 1930 – THE NATIONAL LABOR RELATION ACT (NLRA) ESTABLISHED
CONTD• 1934 – ANA ACTIVELY CAMPAIGNED FOR THE EIGHT – HOUR /DAY.• 1941 – CALIFORNIA STATE NURSES ASSOCIATION REPRESENTED NURSES CONCERNS BEFORE THE LABOR BOARD.• 1946 – THE CALIFORNIA NURSES ASSOCIATION BECAME THE FIRST NURSES ASSOCIATION TO REPRESENT NURSES.
OBJECTIVES OFCOLLECTIVE BARGAINING
OBJECTIVES• To provide an opportunity to the workers, to voice their problems on issues related to employment.• To facilitate reaching a solution that is acceptable to all the parties involved.• To resolve all conflicts and disputes in a mutually agreeable manner.• To prevent any conflict/disputes in the future through mutually signed contracts.
CONTD• To develop a conductive atmosphere to foster good organizations relations.• To provide stable and peaceful organization (hospital) relations.• To enhance the productivity of the organization by preventing strikes lock – out etc.
CHARACTERSTICS OFCOLLECTIVE BARGAINING
CHARACTERISTICS• It is a group process• Negotiations form an important aspect of the process of collective bargaining• Collective bargaining is a formalized process• It a bipartite process.
CONTD• Collective bargaining tends to improve the relations between workers and the union.• Collective bargaining is continuous process.• It is a political activity frequently undertaken by professional negotiators .
PREPARATION FOR COLLECTIVE BARGAINING• Preparation should begin months before the contract talks.• Chairperson should be establish and maintain pleasant relationship with union representatives by treating them courteously in social situations, grievance hearing.
CONTD• Obtain information from other nurse executives about union activities in neighboring health agencies.• Review other labour contracts negotiating in other agencies to determine what type of demands were made by various worker categories.
CONTD• Keep ongoing recording agency’s employees grievances and analyze these before negotiation begins.● Research the wage salary structures of other health agencies in the community and compare against agencies current wage package.● Should read the act to identify limitations.
THE COLLECTIVE BARGAINING PROCESS• PREPARE• DISCUSS• PROPOSE• BARGAIN• SETTLEMENT
PROCESS OF COLLECTIVE BARGAINING
COLLECTIVE BARGAINING MEMBERS• REGISTERED NURSES• PHYSICIANS• OTHER PROFESSIONALS• TECHNICAL EMPLOYEES• NON -PROFESSIONALS
COLLECTIVE BARGAINING AGENTS• Service employees international union.• State nurse’s associations of the American nurse association• National union of hospital and health care employees of the retail, wholesale and department store union.
COLLECTIVE BARGAINING PROCEDURE
SELECTION OF A BARGAINING AGENT• By representative election and is presided by NLRB.• Union must demonstrate 30% interest by employees.• Once 30% is reached union can petition NLRB to conduct election.
CONTD• Election is conducted within 45 days by secret ballot.
CERTIFICATE TO CONTRACT
OBSTACLES OF COLLECTIVE BARGAINING IN NURSING
OBSTACLES• Registered nurses who participate in organizing drives could be summarily fired.• Hospital could refuse to recognize and bargain with nursing organizations.• The associations spend years softening up the turf.
ISSUES OF COLLECTIVE BARGAINING IN NURSING• It clearly affirms that state nurses associations are legitimate labour organizations.• States that ‘the presence of supervisors in the labour organizations is visually irrelevant in determining its legal states.
CONTD• The participation of management level nurse as association members of office.• Firmly place on the employer the burden of providing any case that there is unlawful interference by supervisory nurses.
ADVANTAGES• Contract to guide standards.• Participation in decision making process.• All union members and management must confirm to terms of contract without exception• Process exists to question manager’s authority if member feels something was done unjustly
DISADVANTAGES• Reduced individuality• Other union members may outvote one’s decisions.• Disputes are not handled with individual and management only ;less room for professional judgment.• Must pay union dues even if one does not support unionization
THE NURSE MANAGERS ROLE• RESOLVING GRIEVANCES
UNION/LABOUR ORGANIZATION• An organization in which employees participate for the purpose of negotiating with the employer about grievances, labour disagreement, wages, hours of work and conditions of employment
MANAGERS ROLE DURINGINITIATION OF UNIONIZATION• Know the law, and make sure rights of the nurses as well as management are clearly understood.• Act clearly within the law.
CONTD• 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.
NURSES ROLE DURING THEINITIATION OF UNIONIZATION• 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.
CONTD• 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.
NURSES ASSOCIATIONS• ANA has had an active interest in the economics security of nurses.• The ANA is a registered labor organization, but it does not engage in direct collective bargaining.
GOALS OF PROFESSIONAL ASSOCIATIONS• To make decisions on the basis of competence rather than community.• To resolve conflicts through confrontation.• To maximize collaboration.
CONTD• To develop interpersonal trust.• To resolve communication block and to speed up communication.• To create a climate where human growth and development become a function of organization.
FUNCTIONS OF ANA• Represents the interest of nurses in collective bargaining.• Advances the nursing profession by fostering high standards for nursing practice.
CONTD• Lobbies congress and regulatory agencies on health care issues affecting nurses and the general public.• Initiates many policies pertaining to health care reform.• Publishes its position on issues.
HEALTH CARE LABOUR LAWS
HEALTH CARE LABOUR LAWS• MINIMUM WAGES ACT -1948.• STRIKES & LOCK OUTS.• PROTECTION OF SERVICE CONDITIONS.• REMOVAL FROM SERVICE.
CONTD• REGULATION OF CONTRACT LABOUR.• HEALTH &MATERNITY BENEFITS.• RETIREMENT BENEFITS.• WOMEN LABOUR & LAW.
JOURNAL REFERENCE• The thesis presented in this article is that traditional and non-traditional CB strategies empower nurses to find a voice and gain control over nursing practice. This article describes the current shortage; discusses how CB can be used to help nurses find a voice to effect change; reviews the ANAs history of collective action activities; explains differences between traditional and non-traditional CB strategies; and presents a case study in which both strategies were used to improve the present patient care environment.