The document discusses collective bargaining in nursing, outlining its definition, objectives, and the processes involved. It highlights the characteristics, merits, and demerits of collective bargaining, as well as types of bargaining such as distributive and integrative. Additionally, it covers the role of healthcare laws, employee unions, and their objectives in safeguarding worker interests and improving conditions.

1. MS. JYOTI CHAND
M.SC NURSING 2ND YR

2. OBJECTIVES
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Collective bargaining & its objectives
Focus of collective bargaining in nursing
Characteristics & Process of collective bargaining
Merits and demerits of collective bargaining
Types of collective bargaining
Health care laws & its purposes
Union and its feature

3. INTRODUCTION
In India, the concept of collective bargaining as trade unions was
conceived in the 20th century and attained its significance after
1962.
The term "collective" in the collective negotiations applies to
employers and employees, as they come together and put a joint
effort to establish mutually agreeable terms and conditions for
employment. The phrase "collective bargaining" was coined by
Sydney, Beatrice, and Webb, while Great Britain is known as the
"home of collective bargaining."

4. DEFINITION
 Collective bargaining is a process of negotiation that involves a set of procedures by which
employee representatives and employer representatives negotiate to obtain a signed
agreement that describes conditions of employment, especially wages, hours, and benefits.
 The National Association of Manufacturers (USA) defined collective bargaining as a
process by which management and labour may explore each other's problems and
viewpoints to develop a framework of employment relations for their mutual benefit.

5. OBJECTIVES
 To reach an agreement on issues related to employment, status, administrative matters
such as working conditions and safety, wages, salary, autonomy, staffing, benefits, cadre,
promotions, etc.
 To maintain employee-employer relation bilaterally
 To protect the interests of employees through a joint effort
 To negotiate voluntarily to gain mutual benefits and loss by both sides
 To resolve the differences between employees and management through negotiation.

6. Focus of Collective Bargaining in Nursing
The focus of collective bargaining in nursing is as follows:
 Union recognition and scope of the
agreement
 Management rights
 Union security
 Strikes and lockouts
 Activities and responsibilities
 Career, wages, salary structure
 Working conditions
 Job rights and seniority
 Discipline
 Promotions
 Grievances handling
 Health and safety.

7. Characteristics of Collective Bargaining

8. It is a two-way
process where the
employees' and
employers'
representatives
negotiate directly.
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Bipartite process
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Both the parties in the
collective negotiations
should maintain
balance.
Equality
Both negotiate freely
to go bargaining
Voluntarily
negotiation
It is a legal process to
regulate specific
employment-related
issues at the national
and organizational
levels.
Formal process

9. It is an ongoing and
flexible activity.
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Flexible
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It aims to improve the
employer- employee
relationship in the
organization to
resolve specific
conflicts.
Improvement
It takes place between
the representatives of
employees and
employers
Representation
Collective bargaining
is progressive and
continues to change
over a period and
grows and expands
the way of agreement
Dynamic
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10. Process of Collective Bargaining
Preparatory
Discussion
Proposal
Bargaining
Settlement
Formalizing the
agreement
Enforcing the
agreement

11. Process of Collective Bargaining
1. Preparatory phase: During the preliminary period, identify negotiation teams. The
negotiation teams must be representatives of both the parties. The parties should have the
knowledge and skills to discuss and negotiate. The team must identify the exact problem,
gather relevant information related to the topic, and examine the situation and issues for
negotiation before the discussion.
2. Discussion phase: Set an appropriate time and make a conducive environment for
negotiation. Have discussions. Maintain mutual trust and understanding. Both parties must
have good listening skills, ask questions, observe, and summarize.

12. Process of Collective Bargaining
3. Proposal phase: The proposal phase starts with the initial opening of statements. Both
parties discuss and brainstorm to decide possible options to resolve issues.
4. Bargaining phase: During the bargaining phase, both parties try to solve problems.
5. Settlement phase: During the settlement phase, both parties have a consensus to agree on
a joint decision and negotiated change.

13. CONT…
6. Formalizing the agreement: After agreeing upon, draft a formal document of agreement.
It should be simple, clear, and concise. Both parties sign the final deal and abide by its terms
and conditions.
7. Enforcing the agreement: To have the deal valid and meaning, enforce or implement it
immediately.

14. Merits
 It provides an opportunity to negotiate regarding professional and
employment issues.
 It promotes employees' democracy and their participation with
management.
 It helps in maintaining a harmonious relationship between the employee
and the employer.
 It emphasizes on the interests and benefits of employees and management.
 It eliminates unnecessary expenditure and avoids bitterness among
employees and management.

15. Demerits
 The collective bargaining process may not be always fair.
 Power and politics often influence the decision.
 The immediate consequence of collective bargaining if not fulfilled is strike or
lockout.

16. Types of Collective Bargaining
Collective bargaining consists of four types, which are listed below:
1. Distributive or conjunctive bargaining: It is a type of negotiation that takes up
economic issues for discussion, such as wages, salaries, and bonuses. It is more competitive
in which one party gains and other party loses.
2. Integrative or cooperative bargaining: In an integrative type of negotiation, both parties
may gain, or at least neither party loses. It tends to be more cooperative.
3. Productive bargaining: In this type, the management has control over the employee-
employer relationship. Substantial benefits are measured based on productivity standards.
4. Composite bargaining: A kind of negotiation wherein both parties agree on wages with
equity.

17. HEALTH-CARE LAWS
The health-care laws are rules applied to patients,
health-care providers, payers, and vendors of health-
care organizations. These laws are concerning with
the health of the individuals and population at large.
Health-care laws are in the form of statutory
requirements, contract laws, medical malpractice,
medical laws, administrative laws, regulatory laws,
public health laws, and consent. These are related to
practice, client, and health-care providers.
CUS

18. Purposes
Health-care laws help to achieve the following:
 Establish and meet the health policy and its goals
 Safeguard health issues of the public at large
 Provide occupation safety and health at work
 Protect people from infectious diseases
 Create and establish a health system structure
 Establish a health institution, its mandate, duties, and responsibilities
 Enforce and maintain health-care practice standards

19. Health-care Laws in India
In India, there are various health-care laws that relate to the following:
Commissioning of the hospitals, e.g. Society Registration Act (1960)
Qualification, practice, and conduct of health professionals, e.g. Medical Council Act (1956), the Indian
Nursing Council Act (1947)
Storage and sale of drugs and safety and efficacy of medications, e.g. Drug and Cosmetic Act, 1945
(Amendment, 1982)
Biomedical Research, e.g. Breeding of and Experiments on Animals (Amendment) Rules (2005)
Management of Patients, e.g. Prenatal Diagnostic Techniques (PNDT) Act (1994), Medical Termination
of Pregnancy (MTP) Act (1997)
Medico legal aspect, e.g. Consumer Protection Act (1986)
Safety of patients, public, and staff, e.g. Biomedical Waste Management Handling Rules (1998 and
2000), Environment Protection Act (1986)

20. EMPLOYEE UNIONS
• Employee associations and unions are part of human resource administration. Unions and
associations are nothing but the organizations of employees formed to promote and protect
their interests through collective action.
• Trade union is the employee's association formulated to achieve specific purposes to
advance and protect the interests of its members. Webb, Sidney, and Beatrice viewed it as a
wage earners' association formed to maintain and improve the working conditions of its
employees. Trade union is a formal association to protect the interests of its members
through collective actions.

21. Features of Unions
The five main features of unions are as follows.
 It is an association of employees.
 It is relatively permanent.
 It secures certain economic and social benefits to members.
 Its focus is on bargaining, joint, coordinated action and collective
 It regulates the relationship between employees and management.

22. Objectives of Unions
 To bargain for wages and salaries
 To insist on the compensation for the work per the nature of the job
 To see the minimum payments paid to the employees
 To ensure that deserving employees get due promotions
 To ensure adequate retirement benefit provisions to meet employee's financial needs for
the rest of the life
 To fight for the provision of proper working place, weekend holidays, sick leaves, free
medical aid, etc.

23. Objectives of Unions
 To negotiate to improve the social conditions within the services and to improve the human
relations within the organization
 To fight against improper implementation of personnel policies in respect of recruitment,
selection, promotions, transfers, training, etc.
 To work as a guide, consulting authority, and negotiating machinery in overcoming the
personal problems of members.
 To safeguard the organizational health through various methods evolved for grievance
redressing and techniques adopted to reduce absenteeism, turnover, and improve employee
relations.

24. Purposes
 To solve the problems of the employees
 To secure better wages and working conditions
 To enhancement of self-respect and dignity
• To fulfil social needs and stability of employment and other issues during service

25. CONCLUSION
Collective bargaining is a negotiating process between the representatives of employers and
employees to regulate working conditions and other issues. It is bipartite, flexible, and a
formal ongoing process where both parties negotiate freely to resolve specific conflicts. The
process is to undergo various phases before reaching the agreement and enforcement of
arbitration. It may be of distributive, integrative, productive, or composite type based on its
outcome.

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