NATIONAL INSTITUTE OF NURSING

EDUCATION

COLLECTIVE
BARGAINING
Moderator – Mrs. Meenakshi Agnihotri
Lecturer N.I.N.E PGIMER

Presented by- Mamta

M.s.c Nsg 2ndyear
 OBJECTIVE
AT THE END OF THE CLASS YOU WILL BE ABLE TO
•Define collective bargaining
•Describe the meaning of collective bargaining.
•Enlist the Objectives of collective bargaining
• Describe the Characteristics of collective bargaining
• Enumerate the steps to be taken before collective bargaining
•Discuss the Preparation for collective bargaining
•Describe the Process of collective bargaining
•Enlist the Types of collective bargaining
• Explain the importance of collective bargaining
•Explain the advantages and disadvantages of
collective bargaining
 INTRODUCTION
The concept of collective bargaining
was introduced very late in India ,as
trade unions were formed only in 20th
century. It attained significance only
after 1962.
The phrase collective bargaining is
coined by the Sydney and Beatrice
webb; great Brittain.
 Other than the continuing argument about the appropriate education for nurses,
collective bargaining is the most controversial and divisive issue in nursing.
Some believe that collective bargaining reduces the professionalism of nursing;
others view it as a mechanism to prevent employers from exploiting nurses. It
has been seen as a complex legal issue, but dealt with by attorney and other
experts specifically trained to handle the problem it presents.
 HISTORY

• When the first nursing organization were formed at the turn of the 20th
century ,one of the central concern was the exploitation of student nurses. After
6 month of coursework , it was common practice for student nurses to provide 3
years of unpaid labors working 12-16hrs /day
• In the year 1913,california legislature proposed eight hour law to pupil nurses
• 1919,formation of union of nurses
• 1935,national labor relation act were implemented
• 1934,ANA actively campained for the eight hour/day
• 1941-california state nurses association presented nurses concern in front of
labor board
• 1946 california nurses association became the first nurses association to
represent nurses.
• Due to rapid social change and dissatisfaction withvalues and norms,nurses are
moving towards the collective bargaining
 NURSES UNIONS AND ASSOCIATIONS
 

UNION
• Action of joining together or the fact of being
joined together especially in a political context.
 
• A labor union is an organization of workers that is
formed to protect and advocate for its member’s
interest
• Most often this advocacy take the form of collective
bargaining aimed at improving employees wages
,hours, working conditions and benefits.
 
 FEATURES
• It is an association of employees
• It is relatively permanent
• It is formed for securing certain economics and social benefits to
members
• Its focus is on joint ,coordinated action and collective bargaining
 ASSOCIATION
• A group of people organized for a joint purpose.
• A connection or cooperative link between people or organizations.
• An association is regarded as organization that brings members of same
profession together for the exchange of information and experience and for
the advancement of their profession.
• Eg: nursing welfare association, nursing teacher association, trained nurses
association of india ,student nurses association
 FEATURES

• Association have members of same profession.

• The members do not use militant methods to press upon their demands.
• They form association to meet periodically and discuss their problems and
share experiences.
• They remain in touch with administrative officials , political ,leaders
 MEANING
• The term collective in collective bargaining is used because both employees and
employer comes together and put a collective efforts to establish mutually agreeable
terms and conditions for employment.
• Bargaining is the process of cajoling, debating, discussing and even threatening so as to
arrive at an amicable agreement for those being represented.
 DEFINITION
Collective bargaining is an agreement
between a single employer or an
association of employers on the one hand
and a labour union on the other, which
regulates the terms and conditions of
employment.
(Tudwig Teller)
Collective bargaining is a process of discussion and negotiation between two parties, one
or both of whom is a group of persons acting in concert. More specifically it is the
procedure by which an employer or employers and a group of employees agree upon the
conditions of work.
(The encyclopaedia of social science)

Collective bargaining takes place when a number of work people enter into a negotiation
as a bargaining unit an employer or group of employer with the object of reaching an
agreement on conditions of the employment of the work people.
(According to J.H. Rishardwon)
 OBJECTIVES OF COLLECTIVE BARGAINING

• To provide an opportunity to the workers, to voice their problems on issues related to

employment.
• To facilitate reaching a solution that is acceptable to all the parties involves.
• To resolve all conflicts and disputes in a mutually agreeable manner.
• To prevent any conflict/disputes in the future through mutually signed contracts.
• To develop a conducive atmosphere to foster good organizations relations.
• To provide stable and peaceful organization (hospital) relations.
• To enhance the productivity of the organization by preventing strikes lock – out .
CHARACTERISTICS OF COLLECTIVE BARGAINING

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Cont.....
REPRESENTATION

DYNAMIC

CONTINUOUS

BIPARTITE PROCESS
CHARACTERISTICS
• Collective
• Strength
• Improvement
• Voluntary
• Formal
• Representation
• Dynamic
• Continuous
• Bipartite process
TYPES OF COLLECTIVE BARGAINING
(Fosson JA)

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• DISTRIBUTIVE BARGAINING:
• one party‘s gain is another party‘s loss.
• More competitive
• Also known as conjuctive bargaining.
• Economic issues like wages, salaries and bonus are discussed.

• INTEGRATIVEBARGAINING:
• Both the parties may gain, or at least neither party loses.
• Both the parties are trying to make more of something.
• It tends to be more cooperative than distributive bargaining.
• This type of bargaining is also known as cooperative bargaining.
• PRODUCTIVITY BARGAINING:
• Substantial benefit based on productivity standards
• Management control over workplace relation

• COMPOSITE BARGAINING:
• To get equity in matters
• Wages with equity
PREPARATION FOR COLLECTIVE BARGAINING

• Preparation should begin months before the contract talks.

• Chairperson should be establish and maintain pleasant relationship with
union representatives by treating them courteously in social situations,
grievance hearing.
• Obtain information from other nurse executives about union activities in
neighbouring health agencies.
• Review other labour contracts negotiating in other agencies to determine
what type of demands were made by various worker categories.
• Keep ongoing recording agency‘s employees grievances and analyse these before
negotiation begins.
• Research the wage salary structures of other health agencies in the community
and compare against agencies current wage package.
Points to be kept in mind before collective
bargaining
• Be sure to set clear objectives for every bargaining item , and be sure to understand the reason
for each.
• Don’t hurry
• When in doubt, discuss with the associates
• Be well prepared with firm data supporting the position.
• Don’t concern ourself just with what the other party says and does ;find out why
• Respect the importance for face saving for other party.
• Be alert to the real intention of the other party –not only for goals ,but also for priorities.
Cont………
• Be a good listener
• Learn to control the emotions and use them as a tool
• Measure each move against the objectives.
• Pay close attention to the wording of every clause negotiated ; they are
often a source of grievences
• Try to understand people and their personalities.
• Consider the impact of present negotiations on those in future years.
 COLLECTIVE BARGAINING MEMBERS

• Registered nurses
• Physician
• Other professionals
• Technical employees
• Non-professionals
COLLECTIVE BARGAINING PROCESS

Group of
employees employers

NEGOTIATIO
N
3RD PARTY
PROPOSAL

COLLECTIVE
AGRREMENT
 COLLECTIVE BARGAINING COMPRISES OF FIVE CORE STEPS

PREPARE

DISCUSS

PROPOSE

BARGAIN

SETTLEMENT
STEPS
• PREPARE
• DISCUSS
• PROPOSE
• BARGAIN
• SETTLEMENT
• FORMALIZING THE AGGREMENT
• ENFORCING THE AGGREMENT
 Cont…

Formalizing the agreements Drafting of

agreement
Enforcing the agreements Signing the
aggrement
PREPARATORY PHASE:
• Selection of negotiation team
• Identification of problem
• Examining of situation and issues for negotiation
• Collection of data

DISCUSSION PHASE:
• Decide an appropriate time and set a proper climate for negotiation
• Decide on ground rules.
• Maintenance of mutual trust and understanding
• Involve in active listening ,asking questions, observation and summarizing
decision.

POSSIBLE ALTERNATIVE OR PROPOSAL PHASE

• Opening of statement
• Possible alternatives to resolve the issues by both parties.
• Brainstorming
BARGAINING PHASE:
Both parties involve in
• Problem solving
• Proposals are set forth

SETTLEMENT PHASE
• Consensus agreement on common decision
• FORMALIZING THE AGREEMENT:
Drafting of agreement: after good faith bargaining ,a formal document must
prepare. it should be simple ,clear and concise.
Signing the agreement: both parties sign the agreement and abide by its terms
and conditions.

• ENFORCING THE AGREEMENT:

For effective aggrement, it should be enforced immediately.
STEPS FOR ORGANIZING THE COLLECTIVE
BARGAINING UNIT
• Assemble a group of nurses who support collective bargaining

• Arrange a meeting with a representative of the state nurses’ association.

 
• Assess the feasibility of an organizing campaign

• Schedule an informal meeting for nurses eligible for the collective bargaining unit.
 
• Move toward formal organization of the unit.

• Seek certification by the National Labor Relations Board as the exclusive bargaining agent of the unit.

Initiate contract negotiations

 IMPORTANCE OF COLLECTIVE BARGAINING

IMPORTANCE TO EMPLOYEES
• It increases the strength of the workforce, thereby, increasing their bargaining capacity
as a group.
• Collective bargaining increases the morale and productivity of employees.
• It restricts management‘s freedom for arbitrary action against the employees.
Moreover, unilateral actions by the employer are also discouraged.
• Effective collective bargaining machinery strengthens the trade unions movement.
• The workers feel motivated as they can approach the management on various matters
and bargain for higher benefits.
• It helps in securing a prompt and fair settlement of grievances. It provides a
flexible means for the adjustment of wages and employment conditions to
economic and technological changes in the industry, as a result of which the
chances for conflicts are reduced.
• Collective bargaining develops a sense of self respect and responsibility among
the employees
 Importance to employers

• It becomes easier for the management to resolve issues at the bargaining level
rather than taking up complaints of individual workers.
• Collective bargaining tends to promote a sense of job security among
employees and thereby tends to reduce the cost of labor turnover to
management.
• Collective bargaining opens up the channel of communication between the
workers and the management and increases worker participation in decision
making.
• Collective bargaining plays a vital role in settling and preventing industrial
disputes.
 IMPORTANCE TO SOCIETY

• Collective bargaining leads to industrial peace in the country

• It results in establishment of a harmonious industrial climate which
supports which helps the pace of a 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.
• It provides a method or the regulation of the conditions of employment
of those who are directly concerned about them.
ADVANTAGES OF COLLECTIVE BARGAINING

Equalization of power

Encourage cooperation

Gives worker a large voice

Professionalism promoted

Nurses control practice

ADVANTAGES
• Equalization of power
• Encourage cooperation
• Give worker a large voice
• Professionalism promoted
• Nurses control practice
• Improve the worker quality of life
• Represent every member of unit
• Can be changed
Improve the workers quality of life

Represent every member of unit

Can be changed
 DISADVANTAGES OF COLLECTIVE BARGAINING

Adversary relationship

Strike may not be prevented

Leadership may be difficult to obtain

Unprofessional behaviour

Interference with management

DISADVANTAGES
• Adversary relationship
• Strike may not be prevented
• Leadership quality may be difficult to obtain
• Unprofessional behaviour
• Interference with management
ISSUES OF COLLECTIVE BARGAINING
• Wages and working condition
• Work norms
• Incentive payments
• Job secuirity
• Work tools ,techniques and practices
• Staff transfers and promotion
• grievances
ISSUES OF COLLECTIVE BARGAINING
• Disciplinary matters
• Health and safety
• Insurance and benefits
• Union recognition
• Union activities/ responsibilities
• Management rights
OBSTACLES
• Weak union
• Employer’s reluctance .Hospital could
refuse to recognise and bargain with
nursing organizations.
• Political interference
• Inadequate intervention
RECENT IMPACT OF COLLECTIVE BARGAINING

• Beyond their impact on wages and staffing, unions also play a critical role
in providing nurses a meaningful voice on the job.
• Play an important role in solving the nurses shortage.
• Positive influence on the work environment and on the patient outcome
• Increasing the number of nurses win the right to represent themselves
through collective bargaining.
Why nurses don’t join union
• They need to demonstrate individualism and promote social status
• They believe that professionals should not unionize
• They identify with management view points
• They fear employer reprisal
• They fear a loss of income if thee is a strike.
Traditional and Non-traditional Collective Bargaining: Strategies to
Improve the Patient Care Environment(2004)
Karen w. Budd, Linda S. Warino ,Mary Ellen Patton

ABSTRACT:
Acquiring organizational autonomy and control over nursing practice, through a combination of traditional
and non-traditional collective bargaining (CB) strategies, is emerging as an important solution to the nursing
CONCLUSION:
shortage crisis. For the past 60 years, nurses have improved their economic and general welfare by
Traditional and non-traditional CB strategies empower nurses to find such a voice and
organizing through traditional CB, particularly during periods of nursing shortages. During the past decade,
gainthecontrol
however, over nursing
downsizing practice.
of nursing Much more
staffs, systems essential
redesign, to nurses ismanagement
and oppressive assuring they
practices have
createdhave
sucha poor
safe practice environment
nursing practice free of mandatory
environments overtime
that improvement in and
wagesother
no work
longerissues,
is viewed as the
primaryandpurpose
a voiceof in
CB.theThis article describes
resource allocationthedecisions
current shortage; discusses
that affect how CB
their ability to can be used to help
achieve
nursesquality
find a health
voice outcomes
to effect for
change; reviews the American Nurses Association’s (ANA's) history of
patients.
collective action activities; explains differences between traditional and non-traditional CB strategies; and
presents a case study in which both strategies were used to improve the present patient care environment.
Understanding nurses’ work: Exploring the links between changing work, labour relations,
workload, stress, retention and recruitment(2015) SM Hart

Abstract

This article enhances our understanding of nurses’ work as they see it, in an exploration of the links
CONCLUSION
betweenNurses
changing
needwork,
to bethe
ablelabour relations climate,
to experience a better workload,
quality of stress,
work, retention and recruitment.
with a lower
Conventionally
workloadseparate
and lessbodies
stress,ofallowing
literatureforonaoccupational healthbalance.
better work–life and safety, public sector industrial
Governments
relations and human resource management informed the design and implementation of the study.
will need to listen to nurses’ and their unions’ demands for these issues to be
Interviews with nurses revealed a high level of commitment but also indicated clear links between the
labouraddressed and allocate
relations climate, work far more resources
intensification to the
leading healthstress
to high care and
sector
poorto work–life
tackle balance,
nursing
retention shortages. ItThe
and recruitment. is concluded that working
study concludes condition
that working must be
conditions improved
must to to gain a
be improved
healthygain a healthy
workplace andworkplace
because wageand increases
because wageson theirincreeases on their
own are not ownto are
enough makenotnursing more
enough to make nursing more attractive.
attractive
 NURSE MANAGER’S ROLE IN
COLLECTIVE BARGAINING
• Know the law and make right of nurses as well as management are
clearly understood.
• Find out the reasons the nurses want collective actions.
• Discuss and deal with the nurses and problems directly and effectively
• Act clearly within the law at all times, if a manager acts unlawfully,
report the employer’s action to the national labor relation board.
• keep all the nurses informed through regular meetings held close to the
hospital or institution.
• Resolving grievances.
• A collective bargaining agent cannot make the decision to strike. The
decision to strike can be made only by a majority of union members.
 CONCLUSION
 
collective bargaining is one of the most influential approaches to
improvement of labour rights and employment conditions. In
recent times, the process of bargaining has been extended to almost
all aspects of employee-employer relations, covering the large area.
It is the most effective means to gain control over their practice
and to attain professional as well as personal and economic goals .
SUMMARIZATION
 RECAPTULIZATION
• Collective bargaining term is said to be coined by
• The word bargaining means
• The california nurses association became the first nurses
association to represent the nurses in year
• Conjunctive bargaining involves
• First step of collective bargaining
 REFERENCES
• Vati jogindra principles and practice of nursing management and
administration for BSc and MSc nursing jaypee brothers medical publishers
first edition 2013
• Clark chambers carolyn creative nursing leadership and management jones and
barlett publishers first edition 2010
• Wilkins and williams lippincottt roles and management function in nursing
Huston carol and Marquils L. Bessie fist edition 2006.
• KDeepak and N.Anoop,A textbook on nursing management ,Ist edition ,
2011.
• Article; Understanding nurses’ work: Exploring the links between
changing work, labour relations, workload, stress, retention and
recruitment Susan M Hart and Amy M Warren2015
• Http://ojin.nursingworld.org/mainmenucategories/anamarketplace/a
naperiodicals
• The benefits of collective bargaining. (2001). Michigan Nurse, 74(6),
58-59.
• Breda, K. L. (1997). Professional nurses in unions: Working together
pays off. Journal of Professional Nursing, 13, 99-109.
Collective Bargaining in the Nursing Profession: Salient Issues and
Recent Developments in Healthcare Reform
Leonard friedman2010
Abstract
• This article examines practical workplace issues and recent developments related
to collective bargaining in the nursing profession, with emphasis on issues
affected by recent reforms in the healthcare industry. Included are examples of
issues most salient to nurses in their efforts to organize, given the reforms. An
overview of recent developments in the political, legal, and local areas is also
provided.
 LEVELS OF COLLECTIVE BARGAINING

As 3 levels

National level
 Sectoral/ industrial level
 Company/ enterprise level
• Economy-wide (national) bargaining is a bipartite or tripartite form of negotiation between
union confederations, central employer associations and government agencies. It aims at
providing a floor for lower-level bargaining on the terms of employment, often taking into
account macroeconomic goals.

• Sectoral bargaining, which aims at the standardization of the terms of employment in one
industry, includes a range of bargaining patterns. Bargaining may be either broadly or narrowly
defined in terms of the industrial activities covered and may be either split up according to
territorial subunits or conducted nationally  
• The third bargaining level involves the company and/or establishment. As a
supplementary type of bargaining, it emphasizes the point that bargaining
levels need not be mutually exclusive.