collective bargaining - common methods - bargaining process - tips conditions and success - benefits

1. Name: Shreyan Dutta
Roll no. - 42

2.  Collective Bargaining is a term adopted for the negotiation process
between workers, Trade Union, etc. and their employer, represented by
the management, for issues related to the terms and conditions of their
employment; such as wages, working hours, benefits, and workload.
 An agreement arrived at by this negotiation process is called as Collective
Bargaining Agreement (CBA) or Collective Employment Agreement
(CEA).
 Practically, a worker and his employer are not on an equal footing because
of the financial power of the employer and as such, it is extremely
difficult, if not impossible, for a single worker to pressure his employer to
provide equitable benefits for his work. Historically, this has proven to be
the main cause of dissatisfaction among workers, resulting in decreased
productivity, and poor condition of workers.
 The objective of collective bargaining is to mitigate the disadvantage of
economic disparity between the worker and the employer by bargaining
with the employer collectively instead of individually.

3. 1. Traditional or Positional or Adversarial or Distributional or Win-Lose
Bargaining
In this type of bargaining both the parties, i.e. the union and the
management, come out with their own agenda with little or no
understanding of each others problems. The process mostly involves a
give and take type of negotiation. This is the most common type of
collective bargaining and is used all over the world.
2. Principled or Mutual Gains or Integrative or Win-Win Bargaining
In this type of bargaining both the parties understand the issues involved
and they approach it to solve the problems jointly. Thus, an equitable
solution without any acrimony can be found. This process works when
there is not much disparity between the education level of both the
parties, such as in IT industry.
This Principles & Approaches of collective bargaining is recognized by
International Labor Organization (ILO) as well.

4.  The process starts with the workers uniting to form an association in the form of a Trade
Union.
In the case of Workers of B and C Co vs Labour Commissioner, AIR 1964 Mad it was
held that a Trade Union can raise or sponsor a trade dispute and represent on behalf of its
members in legal proceedings arising out of a trade dispute.
 Trade Union of registered and gets the power to represent the issues of the workers. Though
it is not necessary for a TU to be registered. In the same case mentioned above, it was also
held that an unregistered Trade Union that has the support of the majority of the workers
has a better claim to negotiation than a recognized trade union that does not have majority
support.
 The members of the trade union adopt a resolution to authorize the Trade Union to
represent them and put their issues across to the management.
 The union representatives put their list of demands to the management and the management
discusses those with the representatives.
 After a give and take either a mutually agreeable solution is found or pressurizing tactics
such as strike or lock-out are adopted.
 If no solution is found, the matter could be referred to Arbitration. If the solution is found,
it is implemented and the process ends.

5.  To form perfect & logical information relevant to the Bargaining
Process.
 Selection of a Chief Negotiator & Bargaining Team Members.
 Reviewing Previous Negotiations because it Provides insights into
the opponent’s Bargaining Tactics & Probable Demands.
 Formulate Proposals & Priorities.
 Select a Suitable Site for Negotiations.
 Notify the Opponent the intent to Bargain by serving required
notice

6.  The Union Participating in the process must be Strong, Democratic
& Enlightened.
 Their should be willingness to give & take by both the parties.
Exaggerated Demands should not be made.
 Trust & Openness are essential, negating any unfair practices.
 Union Leaders must have Full Knowledge of the economics of the
Industry/Plant concerned.
And the Management must have a Developed Awareness of the
Nature of the Union as a political institution operating in
Economic Environment.
 Maturity of Leadership is Necessary on both sides of Bargaining
Table.

7. Benefits for Workers
 It provides uniformity and equality in conditions of labor for all laborers.
 It ensures progress of workers and increases their importance and respect.
 It prevents arbitrariness by owners regarding working conditions.
 It preserves personal interest of workers.
 It promotes welfare of workers.
 A worker does not feel alone and helpless, on the contrary, he feels
powerful.
 It provides a check on employers and inspectors.
Benefits for Employers
 It is cheaper, easier, and safer option.
 It saves time and it benefits all the parties equally.
 Upon success of collective bargaining, industrial peace prevails and
mutual understanding and production increases.
 Compromises done through collective bargaining are binding on all the
parties.