+ All Categories
Home > Documents > Collective Bargaining. The Cllective Bargaining Process What is Collective Bargaining? What is good...

Collective Bargaining. The Cllective Bargaining Process What is Collective Bargaining? What is good...

Date post: 18-Jan-2016
Category:
Upload: charla-snow
View: 220 times
Download: 0 times
Share this document with a friend
Popular Tags:
24
Collective Bargaining
Transcript
Page 1: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

Collective Bargaining

Page 2: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

The Cllective Bargaining Process

• What is Collective Bargaining?• What is good faith?• The Negotiating Team

• Bargaining Items• Bargaining Stages• Bargaining Hints

Page 3: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Collective Bargaining

• The process through which representatives of management and the union meet to negotiate a labor agreement.

Page 4: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Good Faith Bargaining

• Both parties are making every reasonable effort to arrive at agreement; proposal are being matched with counterproposals.

• It does not mean that one party compels another to agree to a proposal.

Page 5: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

When is bargaining not in good faith?• A violation of the requirement for

good faith bargaining may include the following:

• Surface bargaining. Going through the motion of

bargaining without any real intention of completing a formal agreement.

Page 6: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Inadequate proposals and demand. The NLRB considers the

advancement of proposals to be a positive factor in determining overall good faith.

• Inadequate concession. Unwillingness to compromise,

even though no one is required to make a concession.

Page 7: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Dilatory tactics. The law require that the parties

and “confer at reasonable times and intervals”.

• Imposing condition. Attempts to impose condition that

are so onerous or unreasonable as to indicate bad faith.

Page 8: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Making unilateral changes in condition. This is a strong indication that the

employer is not bargaining with the required intent of reaching an agreement.

Withholding information. An employer must supply the union

with information upon request, to enable to understand and intelligently discuss the issue raised in bargaining.

Page 9: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Bypassing the representative.

The duty of management to bargain in good faith involves, at a minimum, recognition that the union representatives is the one with whom the employer must deal in conducting negotiations.

Page 10: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Committing unfair labor practices during negotiations.

Such practices may reflect poorly upon the good faith of the guilty party.

• Ignoring bargaining items.

refusal to bargaining on a mandatory item (one must bargain over these) or insistence o on a permissive item (one may bargain over these)

Page 11: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

The Negotiating Team• Both union and management send a

negotiating table, and both teams usually go into the bargaining session having “done their homework.”

• Management uses several techniques to prepare for bargaining.

Page 12: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Bargaining Items

• Labor law sets out categories of items that are subject to bargaining: These are mandatory bargaining items,

voluntary bargaining items, illegal bargaining items.

Page 13: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Voluntary Bargaining Items.

• Items in collective bargaining over which bargaining is neither illegal nor mandatory.

• They become a part of negotiation only through the joint agreement of both management and union.

• Neither party can compel the other to negotiate over those item.

Page 14: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Illegal Bargaining Items.

• Items in collective bargaining that are forbidden by law; for example, a clause agreeing to hire “union member exclusively” would be illegal in a right-to- work state.

•Mandatory Bargaining items• Items in collective bargaining that a

party must bargaining over if they are introduced by the other party---for example, pay.

Page 15: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Bargaining Stages

• The actual bargaining typically goes through several stages.

• First, each side presents its demands. At this stage, both parties are usually quite far apart on some issues.

Page 16: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Second, there is reduction of demands. At this stage, each side trades off some of its demands to gain others.

• Third come the subcommittee studies; the parties form joint subcommittees to try to work out reasonable alternatives.

• Forth, the parties reach an informal settlement, and each group goes back to its sponsor.

Page 17: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

• Union representatives check informally with their superiors and the union members; management representatives with top management.

• Finally, once every thing is in order, the parties fine tune and sign a formal agreement.

Page 18: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Bargaining Hints

• Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each.

• Do not hurry.• Be well prepared with firm data

supporting your position.• Be a god listener.• Build a reputation for being fair but firm.

Page 19: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Cont…

• Learn to control your emotions and use them as a tool.

• Remember that collective bargaining is a compromise process.

• Try to understand people and their personalities.

• Consider the impact of present nagotiations on those in future in future years.

Page 20: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Impasse, Mediation And Strikes• Collective bargaining situation that

occurs when the parties are not able to move future toward s settlement, usually because one party is demanding more than the other will offer.

• If the impasse is not resolved in this way, the union may call a work stoppage, or strike, to put pressure on management.

Page 21: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Mediation

• Intervention in which a neutral third party tries to assist the principals in reaching agreement.

Fact Finder: A neutral party who studies the

issues in a dispute and makes a public recommendation for a reasonable settlement.

Page 22: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Arbitration

• The must definitive type-party intervention, in which the arbitrator usually has the arbirator settlement which the arbitrator usually has the power to determine and dictate the settlement terms.

Page 23: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

Strike:

A strike is a withdrawal of labor , and there are four main types of strike.

• Economic strike• Unfair strike• Unfair labor practice strike• Wildcat strike• Sympathy strike

Page 24: Collective Bargaining.  The Cllective Bargaining Process What is Collective Bargaining? What is good faith? The Negotiating Team Bargaining.

www.BZUpages.comwww.BZUpages.com

PICKETING

• Having employers carry signs announcing their concern near the employer’s place of business.


Recommended