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Collective bargaining in Kenya
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Collective bargaining in Kenya

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Describes a presentation to Kakamega Public Service Board at Tom Mboya Labour College-Kisumu, Kenya

Describes a presentation to Kakamega Public Service Board at Tom Mboya Labour College-Kisumu, Kenya

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  • 1. FREDRICK AILA
  • 2. An agreement Takes at least two parties to make a bargain
  • 3.  An agreement made by or on behalf of a group  The process of negotiating between unions and management aimed at settling disputes before they turn into labour unrest
  • 4. A method of mutually determining terms and conditions of employment Long-lasting process with periodic reviews as conditions necessitate.
  • 5. Workers do not negotiate individually or on their own behalf but collectively through their trade union reps Union must be recognized by management
  • 6.  Willingness by the workers and their trade unions  The power to force the employer to accept negotiation  Willingness by management to accept the decisions affecting workers must be agreed on b4 implementation
  • 7.  Collective bargaining depends on prevailing political climate  Collective bargaining in Kenya has been trilateral: ◦Management ◦Union ◦Government
  • 8.  A collective bargaining results into a labour contract  CBA-a written agreement between the trade union and management  Specifies rules and procedures to be followed by both parties during the contract period
  • 9.  Name of parties, duration, provision for renewal, signatures of the parties’ officials  Wage rates, fringe benefits, job classification, overtime  Working conditions: permissible breaks, severance pay, timing, working shifts
  • 10.  Union security: check-off procedures, recruitment of union members  Job security, termination, promotion, demotion and transfers  Limitation of strikes, lockouts, picketing  Grievance & dispute procedures  Management’s rights
  • 11. 1. Substantive agreements-lay down terms & conditions to be reflected in each worker’s contract: include ◦ pay rates ◦ Working hours ◦ Holidays ◦ Pension schemes ◦ Sick leave ◦ Retirement age
  • 12. 2. Procedural agreements-lay down procedures to be followed in specific situations ◦ Manner in which dispute is regulated ◦ Timing & ◦ Approach in making substantive agreements
  • 13. 3. Distributive bargaining-assumes that one party’s gain is the other’s loss ◦ Each party tries to maximize his gains and minimize his losses 4. Integrative bargaining and productivity deals ◦ Arise when both parties negotiate without a loss to one another
  • 14.  Mediation: the process whereby a third neutral party helps a trade union and management reach an agreement  Mediator takes active but neutral in suggesting alternatives  His role: to minimize or eliminate the chances of work stoppage or labour unrest  A mediator is a professional person acceptable to both parties
  • 15.  Process of peace-making between two parties  Helping both parties develop and adhere laid-down procedures to settle conflicts/ differences
  • 16.  Provides assistance to the parties during negotiations or to reach an agreement  An amicable settlement of labour conflicts/ differences  Central role of conciliator: to influence positively the outcome of negotiations
  • 17.  Arbitrator has authority to make binding decisions  The process by which a grievance/dispute is resolved by an impartial third party after hearing all the facts pertaining to the issues(s) and then recommending a solution  Used to settle disagreements from administration of the labour contract  Provisions for arbitration are spelt out in the CBA
  • 18.  Dismissal and disciplinary actions  Promotions and transfers  Strikes and lockouts  Salary/wage and working hours  Holidays and holiday pay  Health and welfare benefits
  • 19.  Grievance: a work-related complaint;  Emanate from problems associated with human nature & personal characteristics
  • 20. ◦ Communication breakdown ◦ Clashes over values ◦ Clashes in personalities ◦ Hostile management ◦ Disagreement over wages/fringe benefits ◦ Workers’ distrust of authority ◦ External forces
  • 21.  Misunderstanding-eg clauses of labour contract are understood differently  Unilateral contract violations- the result of misunderstanding of the labour contract provisions or ambiguous labour contract language
  • 22.  Outside influences-grievance is not the real problem; it is a way for workers to show dissatisfaction/ frustration eg: personal problems; internal union politics; unfavourable labour contract language
  • 23.  Decreased interest in work  Negative statements about the job, colleagues, supervisors, the org.  Unwillingness to cooperate  Increased absenteeism  Poor job performance  Slowing down on the job  Being away from assigned place of work for no apparent reason
  • 24.  Treating all workers as individuals and with dignity  Recognizing good performers  Identifying and promptly eliminating sources of irritation to workers  Training workers on how to perform better on their respective jobs
  • 25.  Seeing issues from the workers’ point of view  Giving clear orders and explaining directions  Knowing the labour contract and applying it  Being objective, fair and consistent in disciplinary actions
  • 26.  Trade unions exercise their economic power in a way that are meant to force mgt to listen & yield to their demands:  Strikes  Pickets  Boycotts  Lockouts
  • 27.  Between employer & recognized trade union on behalf of a group of workers  Purpose: reaching agreement parties are willing to sign and abide by  Aspects: ◦ Psychological basis of negotiation ◦ Negotiation preparation ◦ Task of the negotiator
  • 28.  Perception by each party of the relative cost to the other party in accepting or refusing an agreement  Assessing the potential financial cost to the other party  Both parties enter into negotiations with the intention of obtaining bargaining advantage over the other
  • 29.  Both parties are motivated by desire to reach an agreement  Sometimes the use of threats during negotiations-weigh the seriousness of issues  Threats are useful to obtain bargaining advantage  The desire by both parties to reach a satisfactory conclusion
  • 30.  Each side needs to prepare for negotiations  Each side needs factual information for supporting its arguments  Unions must understand the interests of their members  Management must know the cost of each union demand  Management must try to predict how far each concession to the union will influence its profitability & efficiency
  • 31.  Provide advice to his or her party and lay down the initial bargaining objectives and strategies  Arrange and conduct bargaining objectives and strategy  Arrange and conduct bargaining meetings  Explain and defend the interests of his/her side
  • 32.  Investigate and seek to understand the other party’s case  Assess within the predetermined strategy and in the light of information gained during the investigation  Assess when to adjust or when to exert pressure on the other party to modify their position
  • 33.  Inform, advise and consult with his/her party on the progress of the negotiations and if necessary, revise the objectives and strategy of his/her group  Seek to influence the other party’s negotiator to modify his/her position  Maintain an effective and continuing personal relationship with the other party’s negotiator
  • 34.  Social interpersonal  Information handling  Discretionary judgement skills
  • 35.  These allow the negotiator to recognize, interpret and utilize both verbal and non-verbal communications.
  • 36. The negotiator must be conversant with the issues under negotiation and the context within which they are able to be negotiated
  • 37.  The negotiator must make judgements regarding the implementation of the predetermined strategy and determine when and how changes in argument and position should take place
  • 38.  Negotiator-main spokesperson and leader of the team  Recorder-takes notes on what is said and the reactions of the opposing team  Analyst-prepares information, consider the strengths and weaknesses of both sides; examine implications and effects of concessions  Specialist-provides detailed information on the issue(s) under consideration