collective bargaining

1. COLLECTIVE BARAGINING:
HEALTH CARE LABOUR LAWS,
UNIONS,PROFESSIONAL
ASSOCIATION, ROLE OF NURSE
MANAGER
Presented by,
R.Sushma,
MSC (N) II Year,
Nursing Management (2024)
CON-SRIPMS,
CBE.

2. INTRODUCTION
♥ Collective bargaining is referred to the relationship between
trade unions who are representatives of workers and the
management representatives of employers. Bargaining is
called collective because only the chosen representatives of
both labor unions and management act as bargaining agents.

3. MEANING
♥ Collective bargaining is a process between employers and
employees to reach an agreement regarding the rights and
duties of people at work.

4. DEFINITION
 Collective bargaining may be defined as “activities occurring
between organized labor and management that concern
employees relations such as activities include negotiation of
formal legal agreement and day to day interaction between
unions and management.
-Morquis & Huston (2006)

5. OBJECTIVES
 To maintain cordial relation between employer and
employee.
 To resolve the conflicts and problems relating to wages and
working conditions of the workers.
 To implement the values and interests of the workers by
collective action in order to benefit the employers.
 To ensure the participation of trade unions in industry.
 To find the solution on the distinction of those involved
between the workers and management through voluntary
negotiations and by arriving at a conclusion.

6. CHARACTERISTICS
 Bipartite process
 Dynamic

10. IMPORTANCE
1) Importance to employees:
 Develops a sense of self respect and responsibility among
employees.
 Increase the strength of the workforce, thereby, increasing
their bargaining capacity.
 It increase the morale and productivity of employees.
 It strengthens the trade unions movements.

11.  Restricts management’s freedom for arbitrary & unilateral
actions against employee.
 Collective bargaining opens up the channel of communication
between the workers and the management and increase
workers participation in decision making.

12. 2) Importance to society
 Collective bargaining leads to individual peace in the country.
 It results in establishment of a harmonious industry climate
which support the 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.

13. TYPES
 Distributive or conjunctive
bargaining
 Integrative or cooperative
bargaining
 Productive bargaining
 Composite bargaining

14. 1) Distributive or Conjunctive bargaining
 In this type of activity one party’s gain is the other party’s loss.
 Under it, bargain on economic issues like wages, salaries,
bonus are discovered by the employees in periodic intervals.
 more competitive.
 Therefore this form of bargaining is sometimes referred as
win-loss bargaining.

15. 2) Integrative or cooperative bargaining
 This is negotiation of an issue on which both parties may gain,
or at least neither one loses.
 The issues of bargaining involved in such strategy may be
better job evaluation process.
 In this both parties stressing on their own benefits focus on
supporting the benefits of each other.
 It tends to be more cooperative.

16. 3) Productive bargaining
 In this type, worker’s wages and benefits are linked to
productivity.
 Without such productivity bargaining agreements, workers
may not realize the importance of raising productivity for
organizational survival & growth.
 A standard productivity index is finalized through
negotiations, if they are able to exceed the standard
productivity norms, workers will get substantial benefits.

17. 4) Composite bargaining
 it is type of bargaining where employees/unions bargain to get
equity in matters, such as work norms and policies, salary
level, growth opportunities, working conditions, and health
and safety issues.

18. PROCESS OR STEPS
1) Preparatory phase
 Selection of negotiation team –it consist of representative
from both parties with adequate skill, knowledge for
negotiation.
 Identification of problem
 Examination of situation, and issues for negotiation.
 Collection of data : related to issues.

19. 2) Discussion phase
 Discussion on ground rules.
 Asking question, observation and summarizing decisions.
 Maintain mutual trust and understanding.
3) Possible alternative or proposal phase
 Initial opening of statement
 Brain storming
4) Bargaining phase
 Both parties involve in problem solving process

20. 5) Settlement phase
 Making an Agreement
6) Formalizing the agreement
 Agreement should be simple, clear and concise.
 Signing the agreement- both parties should sing the agreement
and abide by its terms and conditions.
7) Enforcing the agreement
 Agreement should be enforced or implemented immediately

21. BARGAINING STRATEGIES
According to Walton and Mckersie
 Distributive - Win loss bargaining
 Integrative - Both parties get benefits
 Attitudinal - Shaping and reshaping of attitudes to positive &
cooperative. (Bitterness between two parties)
 Intra organizational - Different groups in an organization by
department wise and level wise at times different groups may
perceive the outcome of collective bargaining.

22. LEVELS

23. I] NATIONAL LEVEL
 It is a tripartite negotiations between union confederations,
central employer associations and government agencies. It
provides a floor level bargaining on terms of employment,
often taken into consideration macroeconomic goals.

24. II] SECTORAL LEVEL
 It accounts for standardizations of terms of employment in on
industry, includes a range of bargaining patterns.
III] COMPAYNY LEVEL
 This is supplementary type of bargaining. It emphasizes the
point that bargaining level needs not mutually exclusive.

25. ADVANTAGES
 Standard guidelines
 Participation in decision-making process
 It provides equal powers to do the bargaining between
administrators and staff associate.
 The benefits of grievance reporting procedures become
possible for all workers
 It helps for staffing in systemic manner and equitable
distribution of work can be established.

26.  Professionalism will be enhanced
 Able to do the direction and control of the bargaining process.

27. DISADVANTAGES
 There are chances for development of adversary relationships
between administration & staff associations.
 But the possible strikes may affect those grievance benefits
being reached to the workers may not be prevented.

28.  If there is no dispute settled, then it is difficult to promote
professionalism.
 Needs good knowledge and training in the collective
bargaining. Leadership for unions may be difficult to find
because many professional nurses have little experience in
positions of authority.

29. COLLECTIVE BARGAINING
MEMBERS
 Members of corporate management
 Labor union leaders

30. HEALTH CARE LABOUR LAWS

31. LAWS
 Laws 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 focuses on the legislative, executive, and
judicial rules and regulations that govern the health care
industry. It is a combination of contract law, tort law,
employment law, public health law, medical malpractice etc.

32. HEALTH CARE LAWS IN INDIA
 Indian partnership act, 1932
 Companies act, 1956
 Consumer protection act, 1966
 Andra Pradesh medical practitioners registration, 1968
 Contract labour act, 1970
 Indian contract act, 1872
 Indian health care improvement act, 1976
 Working compensation act, 2000

33. LABOUR LAWS IN INDIA
 Trade union act, 1926
 Payment of wages act, 1936
 Minimum wages act, 1948
 National rural employment guarantee act, 2005

34. TRADE UNION

35. INTRODUCTION
 Trade union is a continuing, long term association of
employees, formed and maintained for the specific purpose of
advancing and protecting the interests of members in their
working relationship with the employers.

36. FEATURES
• It is association for employees
• It is relatively permanent
• It is formed for securing certain economic
and social benefits to members.

37. OBJECTIVES OF UNION
 To bargain for wages & salaries
 To see the minimum wages are paid to the employees
 To ensure that due promotions are being given to deserving
employees.
 To fight against improper implementation of policies in respect
of recruitment, selection, transfers, training, etc.
 To fight for provision of proper working place, week and
holidays, sick leaves, free medical aid, etc.

38.  To negotiate to improve the social conditions within the
services.
 To improve the human relations within the organization.

39. PURPOSE
Solving economic,
social, political and
psychologically
problems of the
employees.
Secure better wages
and working
conditions
Enhance self
respect and dignity.
Fulfill of social
needs and stability
of employment and
other problems
during service.

40. PROFESSIONAL ASSOCIATION

41. INTRODUCTION
 An association is regarded as the organization that brings
members of the same profession together for the exchange of
information and experience and for the advancement of their
profession.
 Eg., nursing welfare association, nursing teachers association,
trained nurses association of India, student nurses association,
etc.

42. LEGAL STATUS & GROWTH OF
ASSOCIATIONS IN INDIA
 The Indian civil service association came into being in 1918.
 In 1922, the all India railway men’s federation was formed and
soon after postal & telegraphs employees union was formed.
 After the first world war, Mahatma Gandhi and his followers
aspires the civil servants to form the associations.

43. International labour organization (1919) gave the impetus
of establishment of more unions and associations.
Employees organizations formed after the formation of all
India trade union congress and the enhancement of trade
union act, 1926.
In 1937, the conditions were prescribed for an association
of civil servants.

44. FEATURES OF ASSOCIATION
 Associations have the members of the same profession.
 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 remains in touch with administrative officials, political,
leaders, etc.

45. OBJECTIVES
According to LD White,
 To promote personal acquaintance among members with
common interests 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 efficiency and boost the morale of the employees.

46.  To promote and protect the interest of employees.
 To develop and trained staff and members
 To obtain data on wages and conditions of work.
 To deal with safety and health at work place and working
environment.
 To initiate steps to improve public image and improve public
relations.

47. ROLE OF NURSE MANAGER IN
COLLECTIVE BARGAINING
1) As a advocate,
Clarify legal issues and should be competent and
knowledgeable about the legal proceedings to execute the
rights of the nurses.
2) As a mentor,
Identifying the rationale about nurses regarding their
collective action towards collective bargaining.

48. 3) As a counselor,
To discuss and deal the issues and the problems directly
and effectively retify among nurses in the work environment.
4) As a legal guide
Who implements solutions for the nurses issues
intelligently within the rules law at all times.
5) As a good communicator
Who keeps all nurses informed through regular meetings
held close to the hospital or institution.

49. SUMMARY &CONCLUSION
 Negotiations may be competitive or collaborative, but
collaborative negotiations generally have more positive
outcomes. A major goal of effective negotiation is to make the
other party feel satisfied with the outcomes. The focus in
negotiation should be to create a win- win situation.

50. JOURNALABSTRACT
 Tradition and non-traditional collective bargaining:
strategies to improve the patient care environment. (Budd
KW, 2004)
 Traditional CB is the unit or union that assists members to gain
control over practice, economics in the health care industry,
and other health issues that threaten the quality of patient care.
 In non traditional CB is shared governance or interest-based
bargaining: a collaborative-based, problem-solving approach to
assist nurses to have a voice in the workplace and control over
issues that affects their practice.

51.  The analysis reveals that the combination of both traditional
and non tradition method of collective bargaining strategies
may be most effect, depending on the bargaining goal and labor
management relationship.
 CB empowers nurses to find a collective voice to change
unsafe patient care environments, and there by, achieve quality
health outcomes for patients.

52. REFERRENCE
 Bsavananthappa BT (2000)- “Nursing administration” 1st
Edi., New Delhi: Jaypee brothers medical publishers Pvt Ltd.
 Clement I (2021)-“Management of nursing service &
administration” 3rd Edi., ELSEVIER publication., New
Delhi.
 Deepak K (2013)- “A comprehensive textbook of nursing
management” 1st Edi., EMMESS publication, Bangalore.

53. Jogindra vati (2013)- Principles and practice of nursing
management and administration” 1st Edi., Jaypee
brothers medical publishers, New Delhi.
Pittman J .Registered nurse job satisfaction and
collective bargaining unit membership status. J Nurse
Adm.2007 Oct; 37(10);471-6.
Budd KW, Warino LS, Patton ME Traditional and non-
traditional collective bargaining: strategies to improve
the patient care environment: online J Issues
Nurse.2004 Jan 31: 9(9):9