Collective Bargaining. Collective bargaining structures. • Bargaining councils. Bargaining councils are the statutory successors to the industrial councils that existed under the 1956 LRA, restyled and revamped to cater for new potential membership and function. The primary function of bargaining councils, like their predecessors, is to regulate relations between management and labour in the sectors of employment over which they have jurisdiction by concluding collective agreements, and to settle disputes between parties falling within their registered scope. Bargaining councils conclude the collective agreement. A bargaining council thus has a peace-keeping function. Parties to the council may, of course negotiate all matters mutual interest .They are accordingly not confined to negotiate wage increases and other conditions of employment, but can negotiate a number of other issues, such as dispute resolution procedures and the threshold of representativeness in respect of certain organisational rights. Should parties conclude a collective agreement in …show more content…
Collective Agreements are concluded to give effect to these matters. Such agreements may also be extended to non-parties and the provision for the extension of agreement concluded in a bargaining council are mutatis mutandis applicable. Collective bargaining is not expressed in the act as a function of the statutory councils. However, provision is made in section 43 for the constitution of a statutory council to be adapted so that it includes any of the functions of a bargaining council, including the conclusion of collective agreements in general. The provisions relating to collective agreements are then applicable to such
In most cases, bargaining agreements governs wages, benefits, and the working conditions for the union coalition employees. The agreements also set common goals and ground rules for the employee 's and management. When management and labor employees have a difficulty coming into agreements, the bargaining process breaks down. To bring difficult negotiations to an end, unions may possibly decide to strike.
Collective Bargaining is important in the employment relationship as it recognises the TU’s right to represent its employees for consultative or bargaining purposes and represents a fundamental and irreversible change in the employment relationship (Trade Union Recognition Institute of Personnel Management 1977, p24).
After an organization has unionized, the union and organization must negotiate the terms of the agreement to reach a mutually beneficial agreement. The negotiation of these terms results in the creation or renewal of a collective agreement. A collective agreement is defined as “a labour contract that addresses a variety of issues such as wages and benefits, hours of work, working conditions, grievance procedures, safety standards, probationary periods, and work assignments. Usually negotiated between the local union’s bargaining committee and the human resource or industrial relations department” (Schwind, Uggerslev, Wagar, Fassina, & Bulmash, 2016, p. 597). The union and organization must both agree to the terms of a collective agree but if they are not able to come to an agreement conciliation, mediation or interest arbitration will often take place. Conciliation occurs when a government-appointed third party is brought in to help resolve the dispute. Mediation is similar but instead uses a neutral third party to help resolve the dispute. Arbitration is
Collective bargaining, as its name implies, is achieved when two or more parties come together to make a decision about something. Specifically, it is achieved when employers and a group of employees work together to decide important terms and conditions regarding employment. These terms and conditions include compensation as well as rights and responsibilities of employees, employers, and unions. They can also include guidelines for resolving problems such as grievances and disputes (Budd, 2010, p. 13).
With arbitration at impasse, the union faces the prospect of management unilaterally continuing past terms without recourse to some other bargaining weapon.
I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.
Here, the labor and management members are the partisans or advocates for their respective sides, and the neutral chairperson then becomes a single arbitrator. The unique role that the panel chair plays in the arbitration process is that it’s the chairs duty to keep other arbitrators well informed of the aspects involved within the case in order to make sound decisions. When the tripartite board doesn’t decide unanimously, they turn to the collective bargaining agreement, which often stipulate that a majority award of the board is final and binding. The advantages of this board are that it provides the neutral member with valuable advice and assistance from the partisan members, which allows the parties to give a more realistic and informed picture of the issues at hand. However, the disadvantage is that it takes additional time and more expenses are incurred with a board.
Simply put resting at a conclusion after a negotiation may not necessarily be the ideal outcome unless cooperative is achieved by both parties. Bargaining in general could involve parents, friends, teachers, spouses, employers, and so on (Anderson, 2013). Likewise companies also negotiation contracts with one another or individuals involved within the companies.
To be able to actively get involved in collective bargaining as a public worker, is beneficial and is a given right. The modern system of collective bargaining was developed during the 1930’s to address the imbalance of power between employers and employees…The Wagner Act, passed in 1935, created a system of collective bargaining which leveled the playing field and provided a structure that reduced labor strife and unrest (Clark, P., F., pg. B 1, 2011). So why should collective bargaining be a problem? One could easily ask this question if they are a participating member of a union. There have been debates that have arisen over this hot topic and have even gotten a political view from the Catholic Church. A statement coming from Archbishop Jerome Listecki of Milwaukee reads: “The church is well aware that difficult economic times call for hard choices and financial responsibility to further the common good…but hard times do not nullify the moral obligation each of us has to respect the legitimate rights of workers.” The statement came about during the conflict that is going on in Wisconsin and its legislators that on the rights of public employees to join unions and engage collective bargaining. Their belief in the right to organize
Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of
Collective bargaining is the process by which conditions of employment are negotiated between management, and the labor organization representing employees in the bargaining unit. However, “collective bargaining refers to a situation in which union members and officials meet with an intent to resolve any issues or conflicts, in an attempt to maintain relationships” (Holley, Jennings, & Wolters, 2012, p. 243). The collective bargaining process relies on four aspects: recognition of the meeting, meeting with appropriate parties, bargaining in good faith, and incorporating the reached agreement (Adam, 1997). Nevertheless, collective bargaining activities are governed by the National Labor Relations Act (NLRA). The NLRA requires bargaining
Collective bargaining agreement is a contract that exists amid the employer and employee. One union for
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions. The use of collective bargaining agreements to resolve workplace disputes weakened unions and the power of workers. Other actions, such as using collection bargaining as a form of substitution for direct action and using it instead of the strike for grievance and arbitration procedure served , also has weakened the unions and the power of workers. The rise of contractual or collective bargaining relationships changed the dynamic of the workplace, shifting the power from the union side to towards the employers. The perspective could best be argued suing Weber’s theory and
Occasionally disagreements do occur, and in these cases the union may decide to take industrial action. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. The purpose of industrial tribunals is to make sure that employee and employers conform to employment laws. They are made up of people outside the workplace who make a judgment about the case, based on the employees and employers point of view. Cases that go to industrial tribunals are usually about pay, unfair dismissal, redundancy or discrimination at work. The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute, which is acceptable to both sides. Its duty under the Employment Protection Act is to promote the improvement of industrial relations and in particular to encourage the extension of collective bargaining and also to develop collective bargaining machinery (Mclean, 2007). Its main functions are: advisory work, collective conciliation, individual conciliation, arbitration, and extended investigation into industrial relations problems.