The document provides information about collective bargaining in India. It defines collective bargaining as an agreement between employers and labor unions that regulates employment terms and conditions. It discusses the objectives, characteristics, types, levels, importance and process of collective bargaining. The document also covers related topics like labor laws in India, employees unions and associations.

1. SEMINAR ON
COLLECTIVE BARGAINING
SUBMITTED TO SUBMITTED BY
MRS.SHEEJA .S SUSY MARY THOMAS
ASST. PROFESSOR II YEAR MSC (N)
HOD (CHN) BBCON
BBCON

2. SUBMITTED ON
3/4/2020
COLLECTIVE BARGAINING
INTRODUCTION
The concept of collective bargaining was introduced very late in
India, as trade unions were formed only in the 20th century. The concept
of collective bargaining attained significance only after 1962. The term
collective in collective bargaining is used because both the employer and
employees come together and put a collective effort to establish
mutually agreeable terms and conditions for employment. T he phrase
‘collective bargaining’ is said to be coined by Sydney of cajoling,
debating, discussing and even threatening so as to arrive at an amicable
agreement for those being represented.
The term "Collective Bargaining" was first used in 1891 by Beatrice
Webb, a founder of the field of industrial relations in Britain. It refers to
the sort of collective negotiations and agreements that had existed since
the rise of trade unions during the 18th century.

3. DEFINITION
Collective bargaining is an agreement between single employer or
an association of employers on one hand and a labor union on the other
which regulate the terms and conditions the employment.
- Ludwig Teller-
Collective bargaining refers to a process by which employers on
the one hand and representatives of the employees on the other attempt
to arrive at agreements covering the conditions under which employees
will contribute and be compensated for their services
- Michael J Jucius-
-
OBJECTIVES
 To provide an opportunity to the employees/ workers, to voice
their problems on issues related to their job.
 To arrive an agreement on wages and other service conditions of
their job.
 To maintain employee- employer relation bilaterally.
 To have peaceful co-existence for the mutual benefits and
progress.
 Arrive at an amicable agreement through a process of give and
take.
 Carry out negotiations voluntarily, without interference from a
third party.

4.  Protect the interests of workers through collective action.
 Resolve differences over knotty issues.
 To enhance the productivity of the organization by preventing
strikes lock- out, etc.
 To have a peaceful co-existence for the mutual benefits and
progress.
CHARACTERISTICS
Collective: Collective bargaining is a two way group process where the
employers representative and employees representatives sit together to
negotiate terms of employment.
Strength: Both the parties in collective bargaining are strong and equal.
Voluntary: Both parties come to the negotiation table voluntarily in
order to go in particular negotiation. It is based on discussion, mutual
trust and understanding.
Formal: It is a formal process in which certain employment related
issues are to be regulated at National, organization and workplace levels
Flexible: It is a flexible and continuous process and not fixed or static.
Improvement: It is a method to improve the employer-employees
relation in organization and resolve management and employees
conflicts.
Representation: Collective bargaining is between the representatives of
employees and management. The management does not directly deal

5. with employees. It carries negotiations with the
representatives/executives of unions and association.
Dynamic: Collective bargaining is dynamic, that go on changing over a
period and grows and expand the way of agreement, the way of
implementation and way of discussion.
Continuous: Collective bargaining is continuous and begins with
agreement, the implementation of agreement and further negotiations.
Bipartite Process: Because the employee and employers
representatives negotiate directly face to face across the table.
PROCESS OF COLLECTIVE BARGAINING
The collective bargaining process comprises of five core steps

6. 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.
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

7. case of collective bargaining. An environment of mutual trust and
understanding is also created so that the collective bargaining agreement
would be reached.
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.
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.
Settlement: It is an important phase in which both the parties come to a
common consensus and agreement and negotiates.
Mutual agreement: when both the parties are satisfied, the agreement is
drafted in a clear, concise and simple language. Both the parties read the
draft of terms and conditions and sign the agreement.
Enforcing agreement: for better effectiveness, the agreement is
executed immediately and collective bargaining comes to an end
process.
TYPES OF COLLECTIVE BARGAINING
According to Fosson J A, there are four types of collective bargaining;

8. Distributive /Conjunctive
 Economic issue like wages, salaries and bonus are discussed.
 One party’s gain is another party’s loss
 More competitive
Integrative/ Cooperative
 Both the parties may gain , or at least neither party loses
 It tends to be more cooperative
 Both the parties are typing to make more of something
Productivity Bargaining
 Substantial benefits based on productivity standards
 management control over workplace relations
Composite Bargaining
 wages with equity
IMPORTANCE
Distributive /Conjunctive
Integrative/Cooperative
Productivity
Composite

9. Importance to Employees:
 Collective bargaining develops a sense of self respect and
responsibility among the employees
 It increases the strength of the workforce, thereby, increasing their
bargaining capacity as a group.
 Collective bargaining increases the morale and productivity of
employees.
 It restricts management’s freedom for arbitrary action against the
employees. Moreover, unilateral actions by the employer are also
discouraged.
 Effective collective bargaining machinery strengthens the trade
unions movement.
 The workers feel motivated as they can approach the management
on various matters and bargain for higher benefits.
 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
 It becomes easier for the management to resolve issues at the
bargaining level rather than taking up complaints of individual
workers.

10.  Collective bargaining tends to promote a sense of job security
among employees and thereby tends to reduce the cost of labor
turnover to management.
 Collective bargaining opens up the channel of communication
between the workers and the management and increases worker
participation in decision making.
 Collective bargaining plays a vital role in settling and preventing
industrial disputes.
Importance to Society
 Collective bargaining leads to industrial peace in the country
 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.
 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.
LEVELS OF COLLECTIVE BARGAINING
Collective bargaining operates at three levels:
1. National level
2. Sector or industry level
3. Company/enterprise level

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Range of employees covered
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.
Economy wide frame
work
Industry or Sectoral
bargaining
Enterprise level

12. 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 LAWS
Imagecreated by Walter Craneto celebrate May Day (1 May), 1889. The image
depicts workers from the five populated continents (Africa, Asia, Americas,

13. Australia and Europe) in unity underneath an angel representing freedom,
fraternity and equality.
DEFINITION OF LAWS
Law is a rule of being or of conduct, established by an authority
able to enforce its will; a controlling regulation; the mode or order
according to which an agent or power acts.
HEALTH CARE LAWS
Health care law is the federal, state, and local law, rules,
regulations &other jurisprudence affecting the health care industry and
their application to health care patients, providers and payors, and
vendors to the health care industry, including without limitation the
relationships among providers, payors and vendors to the health care
industry and its patients; delivery of health care services; all with an
emphasis on operations, regulatory and transactional legal issues.
INDIAN HEALTH CARE IMPROVEMENT ACT,1976
In 1976, the Indian Health Care Improvement Act amended the
Social Security Act to permit reimbursement by Medicare and Medicaid
for services provided to American Indians and Alaska Natives in Indian
Health Service (IHS) and tribal health care facilities.

14. The Indian Health Care Improvement Act also provided states with
a 100% Federal Medical Assistance Percentage (FMAP) for Medicaid
services provided through an IHS or Tribal facility.
The Indian Health Care Improvement Act (IHCIA), the
cornerstone legal authority for the provision of health care to American
Indians and Alaska Natives, was made permanent when President
Obama signed the bill on March 23, 2010, as part of the Affordable Care
Act. The authorization of appropriations for the IHCIA had expired in
2000,
LABOUR LAWS
(a) Labour laws enacted by the Central Government, where the
Central Government has the sole responsibility for enforcement
1. The Employees’ State Insurance Act, 1948
2. The Employees’ Provident Fund and Miscellaneous Provisions
Act,1952
3. The Dock Workers (Safety, Health and Welfare) Act, 1986
4. The Mines Act, 1952
5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
Labour Welfare (Cess) Act, 1976

15. 6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
Labor Welfare Fund Act, 1976
7. The Mica Mines Labour Welfare Fund Act, 1946
8. The Beedi Workers Welfare Cess Act, 1976
9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
10. The Cine Workers Welfare (Cess) Act, 1981
11. The Beedi Workers Welfare Fund Act, 1976
12. The Cine Workers Welfare Fund Act, 1981
(b) Labour laws enacted by Central Government and enforced both
by Central and State Governments
13. The Child Labour (Prohibition and Regulation) Act, 1986.
14. The Building and Other Constructions Workers’ (Regulation of
Employment and Conditions of Service) Act, 1996.
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Equal Remuneration Act, 1976.
17. The Industrial Disputes Act, 1947.
18. The Industrial Employment (Standing Orders) Act, 1946.
19. The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979.

16. 20. The Labour Laws (Exemption from Furnishing Returns and
Maintaining Registers by Certain Establishments) Act, 1988
21. The Maternity Benefit Act, 1961
22. The Minimum Wages Act, 1948
23. The Payment of Bonus Act, 1965
24. The Payment of Gratuity Act, 1972
25. The Payment of Wages Act, 1936
26. The Cine Workers and Cinema Theatre Workers (Regulation of
Employment) Act, 1981
27. The Building and Other Construction Workers Cess Act, 1996
28. The Apprentices Act, 1961
29. Unorganized Workers Social Security Act, 2008
30. Working Journalists (Fixation of Rates of Wages Act, 1958
31. Merchant Shipping Act, 1958
32. Sales Promotion Employees Act, 1976
33. Dangerous Machines (Regulation) Act, 1983
34. Dock Workers (Regulation of Employment) Act, 1948

17. 35. Dock Workers (Regulation of Employment) (Inapplicability to
Major Ports) Act, 1997
36. Private Security Agencies (Regulation) Act, 2005
(c) Labour laws enacted by Central Government and enforced by
the State Governments
37. The Employers’ Liability Act, 1938
38. The Factories Act, 1948
39. The Motor Transport Workers Act, 1961
40. The Personal Injuries (Compensation Insurance) Act, 1963
41. The Personal Injuries (Emergency Provisions) Act, 1962
42. The Plantation Labour Act, 1951
43. The Sales Promotion Employees (Conditions of Service) Act, 1976
44. The Trade Unions Act, 1926
45. The Weekly Holidays Act, 1942
46. The Working Journalists and Other Newspapers Employees
(Conditions of Service) and Miscellaneous Provisions Act, 1955
47. The Workmen’s Compensation Act, 1923
48. The Employment Exchange (Compulsory Notification of Vacancies)
Act, 1959

18. 49. The Children (Pledging of Labour) Act 1938
50. The Bonded Labour System (Abolition) Act, 1976
51. The Beedi and Cigar Workers (Conditions of Employment) Act,
1966.
EMPLOYEES UNIONS
Employees associations and unions are the part of human resource
administration. Unions and associations are nothing but the
organizations of employees formed to promote and protect their interests
by collective action.
Trade Union
It is continuous association of wage earners for the purpose maintaining
and improving the condition of their working lives.
-Webb, Sidney and Beatrice-
A trade union is a formal association of workers that promotes and
protects the interest of its members through collective actions.
FEATURES OF UNIONS
 It is association of employees.
 It is relatively permanent
 It is formed for securing certain economic and social benefits to
members.
 Its focus is on joint, coordinated action and collective bargaining.
OBJECTIVES OF UNIONS

19.  To bargain for wages and salaries.
 To insist the compensation for the work as per the nature of job
 To fight for the provision of proper working place, week end
holidays, sick leaves, free medical aid, etc.
 To work as guide, consulting authority and negotiating machinery
in overcoming the personnel problems of members.
 To safeguard the organizational health through various method
evolved for grievance redressal and techniques adopted to reduce
absenteeism, turnover and improve employees relations.
PURPOSE
 To be the instrument for solving economic, social, political and
psychological problems of the employees.
 To secure the better wages, better working conditions.
 To enhance self respect and dignity.
 To fulfill of social needs, and stability of employment
 and other problems during service.
ASSOCIATION
An association is regarded as the organization that brings members of
the same profession together for the exchange of information and
experience & for the advancement of their profession.
FEATURES OF ASSOCIATION
 Associations have the members of the same profession

20.  The members do not use militant methods to press upon their
demands.
 They form associations to meet periodically and discuss their
problems and share experiences.
 They remain in touch with administrative officials, political leaders
etc.
OBJECTIVE OF PROFESSIONAL ASSOCIATIONS
 To promote personal acquaintance among members with common
interest and problems.
 To give suggestions for the reform and improvement
 To issue literature for the spread of the latest information relating
to their field.
 To bring the employees nearer to those to whom they can confide
for their failure and successes.
 To disseminate professional knowledge among a large number of
people and stimulate joint and individual researchers and help in
solving many problems pertaining to the profession.
 To bring the efficiency and boost the morale of the employees.
ROLE OF NURSE MANAGER IN COLLECTIVE BARGAINING
Know the law, and make sure rights of the nurses as well as
management are clearly understood.
Find out the reasons the nurses want collective action.
Discuss and deal with the nurses and the problems directly and
effectively.

21. Act clearly within the law at all times. If a manager acts
unlawfully, report the employer’s actions to the national labor
relations board.
Keep all nurses informed through regular meetings held close to
the hospital or institution.
Resolving grievances.
A collective bargaining agent cannot make the decision to strike.
The decision to strike can be made only by a majority of union
members.
CONCLUSION
Collective bargaining is a process of negotiation between
employers and a group of employees aimed at agreements to regulate
working salaries, working conditions, benefits, and other aspects of
workers' compensation and rights for workers. The interests of the
employees are commonly presented by representatives of a trade
union to which the employees belong. The collective
agreements reached by these negotiations usually set out wage scales,
working hours, training, health and
safety, overtime, grievance mechanisms, and rights to participate in
workplace or company affairs.
BIBLIOGRAPHY:
 Basavanthappa B T;. Nursing administration. Ist edn. New Delhi: Jaypee
brothers;2000.
 Alamellu; Newer trends in management of nursing services and education.
health science publishers first edition 2017; 177-181

22.  Deepak. k et al; A comprehensive textbook on nursing management emmess
publications;2013;293-295
 Jogindra vati; principles and practice of nursing management and
administration jaypee publications;471-477
 http://doi.org/10.1016/j.bi.2015.04.005
 http://doi.org/10.1016/j.bi.2015.04.005
 http://www.ncbi.nib.gov/pmc/articles/pmc1435388/
 WWW.WIKIPEDIA.COM
 WWW.SLIDESHARE.COM
EVIDENCE BASED PRACTICE
Registered Nurse Job Satisfaction and Collective Bargaining Unit
Membership Status
Pittman, Jennifer MS, APRN-BC
JONA: The Journal of Nursing Administration: October 2007 - Volume 37 - Issue 10
ABSTRACT

23. Objective: To examine differences in job satisfaction levels between
registered nurses who were or were not members of a nursing collective
bargaining unit.
Background: The nursing shortage could lead to decreased quality of
patient care, heavier workloads, and mandatory overtime, resulting in
decreased job satisfaction and increased intent to leave. Nursing
collective bargaining units use contracts to help decrease patient
workload, decrease and eliminate mandatory overtime, increase pay and
benefits, and increase job security. Exploring differences in job
satisfaction between nurses who are and are not members of collective
bargaining units is pertinent to understanding the retention and
recruitment of nurses.
Methods: A descriptive secondary analysis using a survey database
from the Minnesota Department of Health. The survey, which included a
job satisfaction section largely based on the Index of Work Satisfaction,
was sent in 2002 to 3,645 registered nurses in Minnesota.
Results: Members of collective bargaining units had higher satisfaction
with wages. Nonmembers had higher satisfaction with nursing
supervision, patient care, work setting, professional relationships, and
overall job satisfaction.

24. Conclusions: There is a need for interventions in institutions with
collective bargaining units to improve job satisfaction, nurse retention,
and job recruitment.
PerceptionOf Collective Bargaining And Satisfaction With
Collective Bargaining On Employees’ Job Performance
Article (PDF Available) in Corporate Ownership and Control
14(2):297 - 302 · March 2017

25. This study explores the influence of collective bargaining and
satisfaction with bargaining on employees’ job performance. A
structured questionnaire was distributed to selected sample of 181
unionized employees in the public sector organizations. The results
revealed two models, with the first model indicating that satisfaction
with collective bargaining (β = .56, p < 0.01) was a significant direct
predictor of job performance among employees. The second model
showed 35% incremental change in employees’ job performance. This
indicated that age (β = .27, p < .01), and educational qualification (β =
.58, p < .01) were significant independent predictors of employees job
performance. This study showed that collective bargaining process is
very critical in determining organizational industrial relations which in
turn help to improve job related outcome such as employees’ job
performance.
The Role of Labor Unions in Creating Working Conditions That
Promote Public Health
Jenn Hagedorn, MPH, Claudia Alexandra Paras, Howard Greenwich,
MPP, and Amy Hagopian, PhD, MHA.Published online 2016 June.
ABSTRACT

26. We sought to portray how collective bargaining contracts promote
public health, beyond their known effect on individual, family, and
community well-being. In November 2014, we created an abstraction
tool to identify health-related elements in 16 union contracts from
industries in the Pacific Northwest. After enumerating the contract-
protected benefits and working conditions, we interviewed union
organizers and members to learn how these promoted health. Labor
union contracts create higher wage and benefit standards, working hours
limits, workplace hazards protections, and other factors. Unions also
promote well-being by encouraging democratic participation and a sense
of community among workers. Labor union contracts are largely
underutilized, but a potentially fertile ground for public health
innovation. Public health practitioners and labor unions would benefit by
partnering to create sophisticated contracts to address social
determinants of health.