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Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
Collective bargaining in Kenya
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

Published in: Business, Career
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Transcript

  • 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

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