Introduction This paper will define collective bargaining. It will also present research on the collective bargaining process. Specifically we will discuss: defining collective bargaining, collective bargaining process, best practices for collective bargaining strategies, arguments against and for collective bargaining. This paper will conclude with a summary of this discussion. Defining Collective Bargaining 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. The interests of the employees are commonly presented by representatives of a trade union to which the employees …show more content…
The first stage of the process involves preparation, where each side chooses a representative to represent their respective interest in the negotiations. Next, the parties meet for a discussion. The negotiation process can frequently turn heated and emotionally charged. For that reason, the parties typically agree to certain ground rules before beginning, in order to avoid conflict which could cause the process to fail. Once the specifics of the dispute have been discussed, the parties exchange proposals of options to resolve the dispute. This is followed by the bargaining process, whereby the parties explore various potential …show more content…
Even in jurisdictions that recognize public employees’ rights to bargain collectively, these concerns are used to narrow the scope of what must be and, in some cases, what may be negotiated. The argument that collective bargaining is antidemocratic is invoked most often by courts in narrowing the scope of what is negotiable. Arguments for Collective Bargaining Although the argument that collective bargaining impedes effective government is sometimes advanced by courts when refusing to enforce collective bargaining agreements, the effective government argument is more often used by the legislative and executive branches as a backlash against public employee unions and as justification for further narrowing the scope of negotiability. I argue that the law governing negotiability channels unions away from participation in, and hence responsibility for, decisions affecting the risks of the public sector enterprise and restricts the unions to negotiating contract provisions that protect employees from those
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
In general, “Collective-bargaining refers to the continuous process in which representatives of the employer (government) and employees (the union) meet jointly to establish the terms and conditions of employment for workers in a bargaining unit.” (Kearney 2009, 88) Bothe parties should meet and confer in good faith. To start the collective bargaining process, both parties shall review the previous contract to set an agenda of the important things need to be negotiated, take an initial position and set proposals. (Kearney 2009, 116)
Wallerstein, M. & Western, B. 2000. Unions in Decline? What Has Changed and Why? Annual Review of Political Science. 3: 355-377.
Magic Carpet Airlines (MCA) is in the midst of a collective bargaining negotiation with a union and this paper will present the case from the union’s side of the bargaining table. First, one must understand the meaning of collective bargaining negotiations; this is when both sides of the negotiations discuss wages and others perks and then come to an amicable agreement. Collective bargaining is not a simple negotiation process, because the employer and the union usually meet on more than one occasion, due to the fact that union negotiators must keep their members informed during the process and they must also present any offers to their constituents for a yes or no vote to accept said terms being offered by the employer. The textbook offered the Magic Carpet collective bargaining as a case study and students were asked to analyze the issues being negotiated, determine ways
In Australia, industrial relations system has been shaped by diverse legislative Acts and political forces coupled with judicial decisions at both the state and federal level. This evident in the sense that there have been diverse amendments of the 1904 Act in light of increased pressures in the industrial sector. This elicited mixed reactions from the employees and employers, among other stakeholders in the industry. However, due to the disadvantages and/or drawbacks of the centralized system of collective bargaining in comparison to the advantages or positive aspects of the decentralized approach of collective bargaining, employers have favored departure from the centralized wage-fixing. Against this backdrop, it behooves us to explore the reasons as why employers have favored the decentralization of Collective bargaining in Australia.
Despite attempting to predict the eventual outcome of the negotiation, I did not anticipate the confrontations between Local H-56 and the management of Hotel Zinnia. Although they initially agreed to engage in integrative bargaining, the union and management subsequently entered an intense negotiation. When Local H-56 presented its proposal of wage increases and health insurance, management immediately responded with a counterproposal that surprised the union. Both the union and management eventually behaved confrontationally, accusing each other of bargaining unreasonably and focusing on the trivial aspects of the negotiation. Moreover, as the union and management felt increasingly frustrated, they suffered from a lack of unity in their teams. The union could not fulfill its objectives because its lead negotiator prevented other team members from contributing to the negotiation. On the other hand, several team members of management struggled to assert their authority as the lead negotiator. After observing these issues, I ultimately believe that the union and management failed to achieve their individual objectives. Moreover, by approaching the negotiation with a zero-sum strategy, I assert that the union and management failed to reach a mutually beneficial contract. At the same time, both sides of the bargaining table lacked cohesive teams and therefore struggled under the pressure of the negotiation.
In today’s world of employment, one can choose to work in a unionized or a non unionized workplace; both situations have positive and negative attributes. In a unionized situation, members experience benefits such as union representation, and aversions such as layoffs and strikes. In a non-union situation, workers experience benefits such as better treatment by management, and aversions such as decreased benefits and overall decreased wages. Although over the last few decades union membership and growth have decreased, organized labor is becoming popular.
Providing employees the right to select a union to act as their collective bargaining agent.
Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
Unions have become commonplace in the labor arena. They provide employees with a valuable tool that allows them to stand together against their employer to make sure that their rights are upheld in the workplace. This paper will focus on labor unions with regards to how they work in two very different companies, Ford Motor Company and United Airlines. Also, a brief history will be outlined as well as legislation regarding unions.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are: