Collective bargaining is a process of negotiation between employers and employee representatives aimed at agreeing terms of employment. It involves representatives from unions and management negotiating and agreeing on a collective bargaining agreement (CBA) that specifies terms like wages, benefits, and procedures for resolving disputes. Effective collective bargaining requires both parties to prepare, understand each other's interests, and make concessions to reach a mutually satisfactory agreement.

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