FREDRICK AILA
An agreement
Takes at least two parties
to make a bargain
 An agreement made by or on
behalf of a group
 The process of negotiating
between unions and
management aimed at settlin...
A method of mutually
determining terms and
conditions of employment
Long-lasting process with
periodic reviews as
condit...
Workers do not negotiate
individually or on their own
behalf but collectively
through their trade union
reps
Union must ...
 Willingness by the workers and
their trade unions
 The power to force the employer
to accept negotiation
 Willingness ...
 Collective bargaining depends
on prevailing political climate
 Collective bargaining in Kenya
has been trilateral:
◦Man...
 A collective bargaining results
into a labour contract
 CBA-a written agreement
between the trade union and
management
...
 Name of parties, duration,
provision for renewal, signatures
of the parties’ officials
 Wage rates, fringe benefits, jo...
 Union security: check-off procedures,
recruitment of union members
 Job security, termination, promotion,
demotion and ...
1. Substantive agreements-lay down
terms & conditions to be reflected in
each worker’s contract: include
◦ pay rates
◦ Wor...
2. Procedural agreements-lay down
procedures to be followed in
specific situations
◦ Manner in which dispute is
regulated
...
3. Distributive bargaining-assumes that
one party’s gain is the other’s loss
◦ Each party tries to maximize his gains
and ...
 Mediation: the process whereby a third
neutral party helps a trade union and
management reach an agreement
 Mediator ta...
 Process of peace-making
between two parties
 Helping both parties develop
and adhere laid-down
procedures to settle con...
 Provides assistance to the parties
during negotiations or to reach an
agreement
 An amicable settlement of labour
confl...
 Arbitrator has authority to make binding
decisions
 The process by which a grievance/dispute is
resolved by an impartia...
 Dismissal and disciplinary actions
 Promotions and transfers
 Strikes and lockouts
 Salary/wage and working hours
 H...
 Grievance: a work-related
complaint;
 Emanate from problems
associated with human nature
& personal characteristics
◦ Communication breakdown
◦ Clashes over values
◦ Clashes in personalities
◦ Hostile management
◦ Disagreement over wages/...
 Misunderstanding-eg clauses of
labour contract are understood
differently
 Unilateral contract violations- the
result o...
 Outside influences-grievance is not
the real problem; it is a way for
workers to show dissatisfaction/
frustration eg: p...
 Decreased interest in work
 Negative statements about the job,
colleagues, supervisors, the org.
 Unwillingness to coo...
 Treating all workers as individuals and
with dignity
 Recognizing good performers
 Identifying and promptly eliminatin...
 Seeing issues from the workers’ point
of view
 Giving clear orders and explaining
directions
 Knowing the labour contr...
 Trade unions exercise their
economic power in a way that are
meant to force mgt to listen &
yield to their demands:
 St...
 Between employer & recognized trade
union on behalf of a group of workers
 Purpose: reaching agreement parties
are will...
 Perception by each party of the
relative cost to the other party in
accepting or refusing an agreement
 Assessing the p...
 Both parties are motivated by desire to
reach an agreement
 Sometimes the use of threats during
negotiations-weigh the ...
 Each side needs to prepare for negotiations
 Each side needs factual information for
supporting its arguments
 Unions ...
 Provide advice to his or her party and
lay down the initial bargaining
objectives and strategies
 Arrange and conduct b...
 Investigate and seek to understand
the other party’s case
 Assess within the predetermined
strategy and in the light of...
 Inform, advise and consult with his/her
party on the progress of the negotiations
and if necessary, revise the objective...
 Social interpersonal
 Information handling
 Discretionary judgement skills
 These allow the negotiator to
recognize, interpret and utilize
both verbal and non-verbal
communications.
The negotiator must be
conversant with the issues
under negotiation and the
context within which they
are able to be nego...
 The negotiator must make
judgements regarding the
implementation of the
predetermined strategy and
determine when and ho...
 Negotiator-main spokesperson and leader
of the team
 Recorder-takes notes on what is said and
the reactions of the oppo...
Upcoming SlideShare
Loading in …5
×

Collective bargaining in Kenya

476 views
317 views

Published on

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

Published in: Business, Career
0 Comments
2 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
476
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
11
Comments
0
Likes
2
Embeds 0
No embeds

No notes for slide

Collective bargaining in Kenya

  1. 1. FREDRICK AILA
  2. 2. An agreement Takes at least two parties to make a bargain
  3. 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. 4. A method of mutually determining terms and conditions of employment Long-lasting process with periodic reviews as conditions necessitate.
  5. 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. 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. 7.  Collective bargaining depends on prevailing political climate  Collective bargaining in Kenya has been trilateral: ◦Management ◦Union ◦Government
  8. 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. 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. 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. 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. 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. 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. 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. 15.  Process of peace-making between two parties  Helping both parties develop and adhere laid-down procedures to settle conflicts/ differences
  16. 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. 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. 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. 19.  Grievance: a work-related complaint;  Emanate from problems associated with human nature & personal characteristics
  20. 20. ◦ Communication breakdown ◦ Clashes over values ◦ Clashes in personalities ◦ Hostile management ◦ Disagreement over wages/fringe benefits ◦ Workers’ distrust of authority ◦ External forces
  21. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 34.  Social interpersonal  Information handling  Discretionary judgement skills
  35. 35.  These allow the negotiator to recognize, interpret and utilize both verbal and non-verbal communications.
  36. 36. The negotiator must be conversant with the issues under negotiation and the context within which they are able to be negotiated
  37. 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. 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

×