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Collective Bargaining in the Workplace
Collective Bargaining in the Workplace
Collective Bargaining in the Workplace
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Recommended: Collective Bargaining in the Workplace
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What is collective bargaining? This term is defined by Merriam-Webster (2014) as talks between an employer and the leaders of a union about how much a group of workers will be paid, how many hours they will work, etc. The primary goal of this bargaining process is to create a favorable working environment to make the task or job more effective, cost-effective, safe or gratifying. As organizations proceed through these methods, the likelihood of employers or employees being taken for granted or injured is reduced. In many instances, associations utilize this tactic specifically to set a common practice and deliver a message concerning social change they want to envision occurring. In these cases, more than one party or collection of personnel might be included. Collective bargaining is comprised of negotiations amongst an employer and a group of employees to define the circumstances of the work place. The outcome of collective bargaining processes is a cooperative settlement. Workers are often represented in negotiating by a union group or other labor group. Collective bargaining is governed by federal and state statutory laws, administrative agency regulations, and judicial decisions. In areas where federal and state law overlap, state laws are preempted (Mathis & Jackson, 2007).
The chief organization of law governing collective bargaining is the National Labor Relations Act (NLRA). This entity unequivocally awards employees the privilege to collectively bargain and enter trade unions. The NLRA was initially sanctioned by Congress in 1935 under its authority to police interstate commerce. It pertains to most private non-agricultural laborers and employers involved in some facet of interstate...
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...es through collective bargaining strategies. By examining literature and research, businesses are less susceptible to the collective bargaining practice than personnel due to the company finding new staff. However, finding a new job is much more difficult for the workers. This is the main reason that employees will work to negotiate fair terms to achieve their demands. The desired goal of collective bargaining is maintain a healthy relationship between employees and employers to ensure that all operations progress efficiently.
Resources
(2014). Retrieved from (n.d.). Retrieved from www.merriam-webster.com
(n.d.). Retrieved from http://www.ocb-nyc.org/
Collective bargaining. (n.d.). Retrieved from http://www.aaup.org/
Mathis, R., & Jackson, J. (2007). Human resource management . (13th ed.). Mason, OH: South-Western Cengage Learning. DOI: www.cengagebrain.com
Mathis, R. L., & Jackson, J. H. (2010). Human resource management (13th ed.). Mason, OH: Thomas/South-western
Noe, Raymond A., et al. Human Resource Management: Gaining a Competitive Advantage. 7th ed. New York: McGraw-Hill/Irwin, 2010. Print.
Unionism is the concept that traditionally business, especially big businesses are inherently going to exploit their employees. Therefore, in order to protect themselves, the workers form organizations called unions, in which all laborers who work at a certain craft, or in a certain industry band together. By this process of “joining forces”, the unions gain power in numbers. Unions traditionally try to protect employee interests by negotiating with employers for wages and benefits, working hours, and better working conditions.
Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2014). Fundamentals of human resource management (5th ed.). New York, NY: McGraw-Hill Education.
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.
Labor unions were established as a way for workers’ needs and grievances to be heard by management. According to Fossum (2012), “forming a union creates a collective voice to influence change at work” (p. 7). The collective voice of workers in a union holds much more power than any single employee’s voice. It can loudly draw attention to mistreatment or abuse of workers. The organized collective voice of workers demands to be treated in a fair way by its management in terms of wages, hours, benefits, and working conditions.
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.
The bargaining process is broken into four types of bargaining, according to Robert Walton and Robert McKersie. These two individuals decomposed the overall labor negotiations into distributive integrative, attitudinal, and intraorganizational bargaining. First of all, these four bargaining types take place during the collective bargaining when negotiating a contract and the first two subprocesses, distributive and integrative bargaining, are the major alternatives for negotiating terms and conditions of employment. The subprocesses include adversarial bargaining over conflicts of interest and collaborative problem solving for issues of mutual gain. For this reason, collective bargaining in both the private and public sectors is a mixture
It is the employers legal duty to bargain with union representatives and employees to negotiate agreements through good faith collective bargaining. Additionally, if an employer chooses to intentionally bargain in bad faith, legal remedies should be adequately enough to promote the National Labor Relations Act’s goal of good faith bargaining. For example, refusal to provide information to the union as requested, is a form of bad faith bargaining. Another known example of bad faith bargaining is an employer intentional failure to meet with representatives within a reasonable time (Drotning & Lipsky, 1969). Legal remedies for unacceptable behaviors consist of enforcing the employer to pay for expenses wasted, for prolonged negotiation (Droning
This can be hard going. Some private sector employers are less approachable and less willing to find common ground than others. With profits and shareholders in mind, they can be tempted to look for ways to cut earnings; lengthen working hours, shed jobs; abandon pension and sickness benefits; lower safety standards to the legal minimum etc. Trade unions encourage employers to resist such a temptation. For public service workers, matters such as pay and conditions of service were negotiated centrally through a process called 'collective bargaining'.
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.
When Unions represent workers, collective bargaining can provide workers a say in their employment terms. They are able to feel secure knowing there is a specified process for handling work-related grievances and that there is a dedicated team to solve the problems they face.
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:
Collective bargaining by definition mean is the process “of good faith” that takes place between an organisation’s management and a trade union (representing the organisation’s employees) for negotiating: