SONY GEORGE

COLLECTIVE BARGAING
INTRODUCTION An individual is free to bargain for himself and safeguard his own interest. The phrase collective bargaining consists of two words collective which implies group action through its representative and bargaining which suggests negotiation. The phrase, therefore, implies collective negotiations of a contract between managements representatives on one side and those of the workers on the other.

 Collective bargaining is on the basis of the principle that there is greater strength in large numbers Its primary goal is to equalize the power between labour and management. Nurses have gone on strike over economic concerns and over issues about safe care for clients and safety for themselves

MEANING
Collective bargaining is a process between employers and employees to reach an agreement regarding the rights and duties of people at work.

MEANING
Collective bargaining aims to reach a collective agreement which usually sets out issues such as employees pay, working hours, training, health and safety, and rights to participate in workplace or company affairs

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. According to Tudwig Teller

DEFINITION
Collective Bargaining is a process of discussion and negotiation between two parties, one or both of whom is a group of persons acting in consent More specially it is the procedures by which an employer or employers and a group of employees agree upon the conditions of work. The Encyclopaedia of social science

Collective bargaining has benefits not only for the present, but also for the future. The objectives of collective bargaining are:

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.

OBJECTIVES OF COLLECTIVE BARGAINING

 To develop a conductive 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 ect.

CHARACTERISTIC OF COLLECTIVE BARGAINING

It is a group action as opposed to individual action and is initiated through the representatives of workers.

It is flexible and dynamic, and not fixed or static. It has fluidity and ample scope for compromise, for a mutual give and take, before the final agreement is reached or the final settlement is arrived at.

It is a two- party process. It is mutual give and take rather than a take-it-or-leave-it method of arriving at the settlement of a dispute. Both parties are involved in it. It is a continuous process which provides a mechanism for continuing and organized relationships and changing. In the past, it used to be emotional, turbulent and sentimental: but now it is scientific, factual and systematic.

It is a group process, wherein one group, representing the employers, and the other, representing the employees, sit together to negotiate terms of employment.

 Collective bargaining is a formalized process by which employers and independent trade unions negotiate terms and conditions of employment and the ways in which certain employmentrelated issues are to be regulated at national, organizational and workplace levels

It a bipartite process. This means there are always two parties involved in the process of collective bargaining. The negotiations generally take place between the employees and the management. It is a form of participation

 It is a political activity frequently undertaken by professional negotiators. Collective bargaining tends to improve the relations between workers and the union on the one hand and the employer on the other.

PRINCIPLES OF COLLECTIVE BARGAINING

Principles for the management The management must develop and consistently follow a realistic labour policy, which should be accepted and carried out by its representatives. The management must grant recognition to the trade union/associations without any reservations and accept it as a constructive force in the organization.

 The management should not assure that the employee good will always exist. It should periodically examine the rules and regulations to determine the attitudes and degree of comfort of its employees and gain their goodwill and co-operation. The management should extend fair treatment to the trade union in order to make it a responsible and conservative body. The management should not wait for the trade union to bring employee grievances to its notice but should rather create the conditions in which employees can approach the management themselves, without involving the trade union/association.

 The management should deal only with the one trade union or association in the organization.
While weighing economic consequences of collective bargaining the management should place greater emphasis on social considerations.

Principles for the trade union

In views of the rights granted to organized labour, the trade union should eliminate racketeering and other democratic practices within their own organization.
Trade union leader should appreciate the economic implications of collective bargaining, for their demands are generally met from the income and resources of the organizations in which their members are employed.

 Trade union leaders should not imagine that their only function is to secure higher wages, shorter hour of work and better working conditions for their members. They and their members have an obligation to assist the management in the elimination of waste and in improving the quality and quantity of production.

 Trade union leaders should assist in the removal of such restrictive rules and regulations that are likely to increase costs and prices and reduce the amount that can be paid out as wages.
Trade union leaders should resort to strike only when all other methods of the settlement of a dispute have failed.

Principles for both union and management

It should offer to trade union leaders an opportunity to present to the management the wants, desires, grievances and attitudes of its employees and make it possible for the management to explain to union leaders and through them, to its employees the economic problems which it is confronted with.

The management and trade union must look upon collective bargaining as a means of finding the best possible solutions and not as a means of acquiring as much as one while conceding the minimum. There must be an honest attempt at solving problems.

 Both parties to a dispute should command the respect of each other and should have enough bargaining power to enforce the terms of agreement that they may arrive at. There must be mutual confidence and good faith, and a desire to make collective bargaining effective in practice. There should be an honest, able and responsible leadership, for only this kind of leadership will make collective bargaining effective and meaningful.

 The two parties should meticulously observe and abide by all the national and state laws which are applicable to collective bargaining. Both parties must bear in mind the fact that collective bargaining is, in a sense, a form of price fixation and that the success of any collective bargaining depends. In the final analysis on whether the management and the trade union do a good job of ensuring that the price of labour is properly adjusted to other prices.

PREREQUISITS OF COLLECTIVE BARGAING

There are six essential prerequisites for collective bargaining. Existence of a truly representative and strong trade union. Existence of a progressive management.

Absence of any external pressure either on the employer or on the worker to come to the kind of agreement desired by the authority exerting the pressure.

 Existence of a measure of parities of strength or bargaining power between the trade union and management. Delegation of authority to an officer involved in negotiation. Acceptance of a fact finding approach by the management as well as the union. The collective bargaining uses all legislative, judicial and executive process in assessing problem in relation to the management.

 UNION/LABOUR ORGANIZATION: An organization in which employees participate for the purpose of negotiating with the employer about grievances, labour disagreement, wages, hours of work and conditions of employment.

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 agencys 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. Should read the act to identify limitations.

COLLECTIVE BARGAINING PROCESS

The collective bargaining process comprises of five core steps:

1.Prepare 2.Discuss

3.Propose
4.Bargain 5.Settlement

1.Prepare: This phase involves composition of a negotiation team. The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. In this phase both the employers representatives and the union examine their own situation in order to develop the issues that they believe will be most important.

2.Discuss:
Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.

3.Propose:
This phase involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as brainstorming. The exchange of messages takes place and opinion of both the parties is sought.

4.Bargain:
Negotiations are easy if a problem solving attitude is adopted. This stage comprises the time when what ifs and supposals are set forth and the drafting of agreements take place.

5.Settlement:
Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.

STEPS
Selection of a bargaining agent. Certification to contract. Contract administration. The nurse managers role. Decertification.

1)Selection of bargaining agent:

The process of establishing a union in any setting begins with the selection of a bargaining agent certified to conduct labour negotiations for a group of individuals. This process is known as a representative election and is presided over by the national labour relationship board.

1)Selection of bargaining agent:

For an election occurs, the union must demonstrate that interest is shown by at least 30% of the employees affected by this action. Once the 30% level is reached, the union can petition the national labour relations board to conduct an election.

At the conclusion of this meeting the board will have determined three things:
-Who is eligible to participate in the union: - This is problematic

issue and not easily resolved, because registered nurses employed as staff nurses are eligible for collective bargaining but registered nurses employed as management are not.

-Whether the signatories are employees of the organization. -A date for union election: - the election is conducted by the board within 45 days, using a secret ballot. All individuals eligible for represent action by the union are notified of the election time and date. On Election Day, eligible employees are asked to choose not only whether they wish to be representatives of the union but also which union they want to represent.

2) Certificate to contract:
Certification by the National Labour Relations Board (NLRB) of a union to be the bargaining agent does mean that a group of people have the right to enter into a contract with an employer, a concept known as certification to contract. The actual contract and its provision must be written and voted on by the union membership a process that may take some time. Issues considered mandatory subjects of bargaining are rates of pay, wages, hours of employment and grievance procedures.

 The contract is considered to be in effect when both management of the organization and employees agree on its content. The final agreement is subject to a ratification vote by the affected employees. Passage of the contract, or ratification, is obtained by a simple majority of eligible members who vote.

3)Contract administration:
The role of administrating the contract then falls to an individual designated as the union representative. The individual may be an employee of the union or a member of the nursing staff. It is the duty of the union representative to provide fair and equal representation to all members of the unit. The role of the union representative is explain the provisions of the contract to the union membership and be available to help in the grievance process.

4) Nurse managers role in collective bargaining

Nurse Managers should evaluate their management skills and take continuing education courses to improve them. Motivational techniques are particularly important for the nurse administrator to possess because she works through others. She must listen carefully to staff concerns and represent staff associates wishes to top management.

 Nurse administrators need to know about labour relations. During negotiations the director of nursing defines what is best for the nursing care of patients. Once the contract has been negotiated nurse managers must learn the terms of the contract and have copies of the contract available to them.

5)Decertification:
Occasionally, members of a particular may decide that the union they want or that no union at all is needed. In such a case, the members of the bargaining unit have the right to either change their union affiliation or remove the union by using a process known as decertification.

IMPORTANCE OF COLLECTIVE BARGAINING

Collective bargaining includes not only negotiations between the employers and unions but also includes the process of resolving labour-management conflicts It acts as a method of introducing civil rights in the industry, that is, the management should be conducted by rules rather than arbitrary decision making. It establishes rules which define and restrict the traditional authority exercised by the management.

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.

Importance to employees

It restricts managements 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 labour 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 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 AND DISADVANTAGES

Advantages: Contract to guide standards Participation in decision-making process All union members and management must conform to terms of contract without exception

 Disadvantages
Reduced individuality Other union members may outvote ones decisions All union members and management must conform to terms of contract without exception

 Disadvantages
Disputes are not handled with individual and management only; less room for personal judgment Must pay union dues even if one does not support unionization

INTRODUCTION
The professional nurses must know the different professional organisations in the country and abroad so that she can actively participate in the various activities of these organizations.

The nurse should know what is happening in nursing education today. The various courses of continuing education available here and abroad as well as many factors that influence your choice of future education.

DEFINITION
Professional nursing organizations function as groups composed of organizational members to promote the quality of health care for all & support the needs of nurses. The effectiveness of professional nursing organizations is related to the commitment & effectiveness of their members.

The main professional organizations are:

Trained Nurses Association of India (TNAI) International Council of Nurses (ICN) Indian Nursing Council Student Nurses Association (SNA) Christian Medical Association of India Nurses League of the Christian Medical Association of India

The organizations like Catholic Nurses League Evangelical Nurses Fellowship of India Government Nurses Association etc also play an important role in the nursing profession

TNAI
It is a professional association of nurses. It is a national organisation. The present name and organisation were established in 1922, but its history of development goes back to 1905.

TNAI
The TNAI had its beginning in the Association of Nursing Superintends which was founded in Lucknow in 1905. Nine European nurses who are holding administrative posts in India at that time organized for the following purposes

 Upholding the dignity and honour of nursing profession. Promoting a sense of espirit de corps among all nurses. Enabling members to take counsel together on matters relating to their profession.

 Other nurses gradually become members of this association until a decision was made to establish Trained Nurses Association in 1908. The association was inaugurated in 1909. These two organizations operated under the same leadership until 1910 when TNA elected its own officers. In 1922, the two organizations were brought together as TNAI.

Aims:
Aims center upon needs of the individual member and problems in the nursing profession as a whole. Such aims include: Upgrading the dignity and honour of nursing profession. Development and standardisation of nursing education. Improvement of living and working condition for nurses in India. Registration for qualified nurses.

Functions
To establish functions, standards and qualifications for nursing practice. To enunciates standards of nursing education and implement these through appropriate channels. To establish code of ethical conduct for practitioners. To stimulate and promote research designed to increase the knowledge on which the practice of nursing is based.

 To promote legislation and to speak for nurses in regard to legislative action. To promote and protect the economic welfare for nurses. To provide professional counselling and placement services. To promote the general health and welfare of the public through all association program relationship and activities.

Activities:
1. TNAI gives scholarships for nurses who wish to go on for advanced study either in India or abroad. 2. It helps to remove discrimination against male nurses. 3. Initiated much needed study and improvement of economic conditions for nurses.

 4. The TNAI opposes strikes unless all other means of negotiating have failed to bring about satisfactory working conditions. 5.Conferences : The TNAI holds its national conferences biannually. 6.Continuing education programme 7. Publications

Membership:
Obtained by application and submission of a copy of state registration certificate. It is possible to apply for a life membership. The official organ of the TNAI is The Nursing Journal of India which is published monthly. The cost of this is included in the annual subscription for membership in the association. It helps members to be informed of current events in nursing and offers opportunities to publish articles and voice opinions.

INTERNATIONAL COUNCIL FOR NURSES (I C N)

The International Council of Nurses (ICN) is a federation of more than 130 national nurses associations (NNAs), representing the more than 13 million nurses worldwide. Founded in 1899, ICN is the worlds first and widest reaching international organisation for health professionals.

 Operated by nurses and leading nurses internationally, ICN works to ensure quality nursing care for all, sound health policies globally, the advancement of nursing knowledge, and the presence worldwide of a respected nursing profession and a competent and satisfied nursing workforce. Great emphasis has been on non discrimination.

Objectives:
Promote the development of strong national nurses associations. Assist national nurses association to improve the standards of nursing and the competence of nurses. Assist national nurses associations to improve the status of nurses within their countries. Serve as the authoritative voice for nurses and nursing internationally.

 Activities:
1. Makes policy statements on health and social issues. 2. Offers a great variety of seminars 3. Maintaining and improving the status of Nursing around the world

Membership:
All nurses can become members of the ICN but not as individuals. The individual nurse becomes a member if his/her national nurses association is a member of ICN. Nurses in India become members of ICN when they become members of the TNAI.

THE INDIAN NURSING COUNCIL (I N C)

The Indian Nursing Council, which was authorised by the Indian Nursing Council Act of 1947, was established in 1949.

Purpose:
Providing uniform standards in Nursing education and reciprocity in Nursing Registration throughout the country. Nurses registered in one state were not necessarily recognised for registration in another state before this time. The condition of mutual recognition by the state nurses registration councils, which is called reciprocity, was possible only if uniform standards of nursing education were maintained

Committees
Executive Committee of the Council to deliberate on the issues related to maintenance of standards of nursing programs The Nursing Education Committee - The committee is constituted to deliberate on the issues concerned mainly with nursing education and policy matters concerning the nursing education.

 Equivalence Committee to deliberate on the issues of recognition of foreign qualifications which is essential for the purpose of registration of the Indian Nursing Council Act, 1947, as amended Finance Committee - This is another important Sub-Committee of the Council which decides upon the matters pertaining to finance of the Council in terms of budget, expenditure, implementation of Central Govt. orders with respect to service conditions etc.

Functions
To establish and monitor a uniform standard of nursing education for nurses, midwives, auxiliary nurse Midwives and health visitors by doing inspections of the institutions. To recognize the qualifications for the purpose of registration and employment in India and abroad. To give approval for registration of Indian and Foreign nurses possessing foreign qualification.

 To prescribe the syllabus and regulation for nursing programme. Power to withdraw the recognition of qualification standards, that an institution recognized by a state council for the training of nurses, midwives, auxiliary nurse midwives or health visitors does not satisfy the requirements of council. To advise the state Nursing Councils, examination board, state government and central government in various important items regarding nursing education in country.

Responsibilities:
1. Prescribes curricula for nursing education in all the states. 2. Refuses or Recognises Programmes of Nursing Education according to standards required. 3. Support high standards in Nursing.

 4. Providing registration for foreign nurses. 5. Maintenance of the Indian Nurses Register. This register contains the names of all nurses, midwives, auxiliary nurse midwives who are enrolled on all state registers.

THE STUDENT NURSES ASSOCIATION (SNA)

The Student Nurses Association organised in 1920, is associated with and under jurisdiction of the TNAI. In addition to providing a means of personal and professional development for the nursing student. The assistant secretary of the TNAI serves as advisor for the SNA.

Purposes and functions:

1. Help student Nurses learn how the professional organisation serves to uphold the dignity and ideals of the nursing profession. 2. Promote a close rapport with other student Nurses.

Purposes and functions:

3. Furnish student Nurses advice in their courses of study leading up to professional qualifications. 4. Encourages leadership ability and help students to gain a wide knowledge of the nursing profession in all of its different branches.

 5. Encourage both professional and recreational meetings, Games and Sports. 6. Encourage students nurses develop a cooperative spirit with other student nurses which will help them in future professional relationships.

Activities:
1. Fund raising for the TNAI. 2. Fund raising done for fine arts and sports competitions and conferences. 3. Special prizes given for outstanding achievement in specific areas of nursing education. 4. Unit activities include maintaining the diary of unit activities, giving quarterly reports, preparing articles for publication and distributing application forms for membership in the TNAI.

Membership:
Fees are minimal and easily met by the nursing student. Nursing students who participate in the Student Nurses Association have a valuable opportunity to begin to develop leadership skills, competitive skills and an interest for the profession as a whole.

THE CHRISTIAN MEDICAL ASSOCIATION OF INDIA

The CMAI began in 1905 as a fellowship of Christian missionary doctors to provide spiritual sharing and support. It gradually developed into a larger organisation which included other Christian health professionals and health institutions

Functions
To provide professional training through formal and informal education, publication of textbooks and other materials and scholarships. To encourage community health work through training, advisory services and technical support. To assist and support churches and health institutions with study and training. To disperse health related information which will help with health education and lean towards a more healthy and just society.

Membership Membership is open to doctors, registered nurses and ANM/Health workers, all health professionals. Students in health professional courses may also become members

THE NURSES LEAGUE OF THE CHRISTIAN MEDICAL ASSOCIATION

The Nurses league of the Christian Medical Association of India was founded in 1930. It became affiliated to the TNAI in 1936 and promotes membership in this organisation.

Objectives:
Promote cooperation and encouragement among Christian Nurses. Promote efficiency in nursing education and service. Secure the highest standards possible in Christian nursing education through the Christian schools of nursing. Considering the special work and problems of Christian nurses wherever employed.

Activities:
Activities include national and area conferences and retreats for its members. Development of leadership abilities is encouraged by participation in these meetings. Each meeting also allows for sharing of problems common to the Christian nurse. Provides expert professional advice.

 Provides scholarships for advanced study. Provides financial assistance for professional meetings and seminars

Membership:
Membership fees are required and a life membership is available. Nursing students may become associate members of the league. Membership in the Nurses league may be a requirement for certain nursing positions under control of Christian employing authorities.

THE COMMONWEALTH NURSES FEDERATION

The Commonwealth Nurses Federation was formally organised in 1973 and operates in Six regions of the world which are East Africa, Atlantic, Australia, Pacific, South Asia and Europe. The TNAI is also affiliated with the Commonwealth Nurses Federation .It is made up of nurses associations from commonwealth countries.

Aims:
Promote sharing, better communications and closer relationships between its member associations. Provides expert professional advice. Scholarships for advanced study.

 Financial assistance for professional meetings and seminars. Running an office through which funds can be received and dispersed for the benefit of nursing in countries which are represented.

THE WORLD HEALTH ORGANISATION

The world health organisation, commonly called the WHO is a specialised agency of the United Nations. It was organised in 1948 for the purpose of helping to achieve the highest possible level of health for all people

 The WHO has been active in nursing education and practice in a number of ways in India. It has offered guidance in setting up programmes of Nursing Education. The WHO promotes public health in many ways around the world. It is currently known for the declaration of working towards Health for all by 2000 AD. This declaration has given a tremendous push to developing primary health care and recognizing the very essential role of nursing in health care system

GOVERNMENT NURSES ASSOCIATION

It is organised in some states for those nurses who are employed by the government.

UNIONS

Meaning
A union or labor organization is any organization in which employees participate for the purpose of dealing with their employer about grievances, labour disagreements, wages, hours of work, and conditions of employment.

Objectives of unions
Wages: employees and their union can be expected to ask for wages which are comparable to those in similar jobs in the local market. Promotions: unions will insist that length of service be a factor in promotions. Layoffs: the union will insist that seniority play a part in regulating layoffs; qualifications being equal, the junior service employees will be paid off first.

Objectives of unions
Discipline: employees will be disciplined for just cause; this is standard in all labor agreements. Grievances procedures: the union will insist that a grievance procedure be established whereby management decisions will be reviewable by representatives of management and the union; if there is still disagreements, the dispute will be referred to arbitration.

Objectives of unions
Fringe benefits: pensions, vacations and holidays, social insurance, and general welfare programs will be part of the negotiations, with an attempt to make them comparable to the trend in our society.

Unions in India
Nurses unions or their collective bargaining power is the most vital and indirect determinant of working conditions. Strong union and its bargaining strength determine the conditions and facilities of work.

Unions in India
At present three unions of nurses are working at the central level. 1. All India Government Nurses Federation (AIGNF) 2. Trained Nurses Union (TNU) and 3. Trained Nurses Association of India (TNAI)

ROLE OF NURSE MANAGER

Leadership roles
Is self aware regarding personal attitudes and values regarding collective bargaining and employment laws Recognizes and accepts why people seek unionization Creates a work environment that eliminates the need for unionization to meet employment needs Maintains an accommodating or cooperative approach when dealing with unions and employment legislation

Leadership roles
Is a role model for fairness Is non-discriminatory in all personal and professional actions Examines the work environment periodically to ensure that it is supportive for all members regardless of gender, race, age, disability or sexual orientation Actively seeks a culturally and ethnically diverse workforce to meet the needs of an increasingly diverse client population

Management functions
Understands and appropriately implements union contracts Administers personnel policies fairly and consistently Works cooperatively with the personnel department and top level administration who is dealing with union activity Understands and follows labour and employment laws that relate to the managers sphere of influence

Management functions
Ensures that the work environment is safe Is alert for discriminatory employment practices in the workplace and intervenes immediately when problem exist Ensures that the unit or department meets state license regulations Immediately and fully investigates all complaints regarding violations of the collective bargaining contract and takes appropriate action