Collective bargaining is a process of negotiation between employers and labour unions regarding terms of employment. It allows workers to voice issues and reach mutually agreeable solutions. Nurses have engaged in collective bargaining to regulate work conditions like hours and wages. While it provides benefits like contract guidelines and participation in decisions, it also reduces individuality as other members may outvote one's choices. Nurse managers must resolve grievances and know labour laws during unionization initiatives.
2. 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
3. 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 CONCEST…. 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)
5. HISTORY
• IN THE YEAR 1913: THE CALIFORNIA
LEGISLATURE EXTENDED THE EIGHT
HOUR LAW TO PUPIL NURSES.
• 1919 – FORMATION OF THE UNION
OF STEWARDS AND NURSES.
• 1930 – THE NATIONAL LABOR
RELATION ACT (NLRA) ESTABLISHED
6. CONTD
• 1934 – ANA ACTIVELY CAMPAIGNED FOR
THE EIGHT – HOUR /DAY.
• 1941 – CALIFORNIA STATE NURSES
ASSOCIATION REPRESENTED NURSES
CONCERNS BEFORE THE LABOR BOARD.
• 1946 – THE CALIFORNIA NURSES
ASSOCIATION BECAME THE FIRST
NURSES ASSOCIATION TO REPRESENT
NURSES.
8. OBJECTIVES
• 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 involved.
• To resolve all conflicts and disputes in a
mutually agreeable manner.
• To prevent any conflict/disputes in the
future through mutually signed contracts.
9. CONTD
• 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 etc.
11. CHARACTERISTICS
• It is a group process
• Negotiations form an important
aspect of the process of collective
bargaining
• Collective bargaining is a formalized
process
• It a bipartite process.
12. CONTD
• Collective bargaining tends to improve the
relations between workers and the union.
• Collective bargaining is continuous
process.
• It is a political activity frequently
undertaken by professional negotiators .
13. 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.
14. CONTD
• Obtain information from other nurse
executives about union activities in
neighboring health agencies.
• Review other labour contracts
negotiating in other agencies to
determine what type of demands
were made by various worker
categories.
15. CONTD
• Keep ongoing recording agency’s
employees grievances and analyze
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.
16. THE COLLECTIVE
BARGAINING PROCESS
• PREPARE
• DISCUSS
• PROPOSE
• BARGAIN
• SETTLEMENT
18. COLLECTIVE BARGAINING
MEMBERS
• REGISTERED NURSES
• PHYSICIANS
• OTHER PROFESSIONALS
• TECHNICAL EMPLOYEES
• NON -PROFESSIONALS
19. COLLECTIVE BARGAINING
AGENTS
• Service employees international
union.
• State nurse’s associations of the
American nurse association
• National union of hospital and health
care employees of the retail,
wholesale and department store
union.
21. SELECTION OF A
BARGAINING AGENT
• By representative election and is
presided by NLRB.
• Union must demonstrate 30%
interest by employees.
• Once 30% is reached union can
petition NLRB to conduct election.
27. OBSTACLES
• Registered nurses who participate in
organizing drives could be summarily
fired.
• Hospital could refuse to recognize
and bargain with nursing
organizations.
• The associations spend years
softening up the turf.
28. ISSUES OF COLLECTIVE
BARGAINING IN NURSING
• It clearly affirms that state nurses
associations are legitimate labour
organizations.
• States that ‘the presence of
supervisors in the labour
organizations is visually irrelevant in
determining its legal states.
29. CONTD
• The participation of management
level nurse as association members
of office.
• Firmly place on the employer the
burden of providing any case that
there is unlawful interference by
supervisory nurses.
31. ADVANTAGES
• Contract to guide standards.
• Participation in decision making process.
• All union members and management must
confirm to terms of contract without
exception
• Process exists to question manager’s
authority if member feels something was
done unjustly
33. DISADVANTAGES
• Reduced individuality
• Other union members may outvote one’s
decisions.
• Disputes are not handled with individual
and management only ;less room for
professional judgment.
• Must pay union dues even if one does not
support unionization
35. 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
36. MANAGERS ROLE DURING
INITIATION OF UNIONIZATION
• Know the law, and make sure rights
of the nurses as well as management
are clearly understood.
• Act clearly within the law.
37. CONTD
• Find out the reasons the nurses want
collective action.
• Discuss and deal with the nurses and
the problems directly and effectively.
• Distribute lists of disadvantages of
unionization, such as paying dues.
• Distribute examples of unions that
did not help with patient care issues.
38. NURSES ROLE DURING THE
INITIATION OF UNIONIZATION
• Know your legal rights and the rights
of the manager.
• Act clearly within the law at all
times.
• If a manager acts unlawfully, e.g., by
firing an employee for organizing,
report the employer’s actions to the
national labor relations board.
39. CONTD
• Keep all nurses informed through
regular meetings held close to the
hospital.
• Set meeting times conveniently
around shift changes and assist with
child care during meetings
40. STRIKING
• A collective bargaining agent cannot
make the decision to strike.
• The decision to strike can be made
only by a majority of union
members.
41. NURSES ASSOCIATIONS
• ANA has had an active interest in the
economics security of nurses.
• The ANA is a registered labor
organization, but it does not engage
in direct collective bargaining.
42. GOALS OF PROFESSIONAL
ASSOCIATIONS
• To make decisions on the basis of
competence rather than community.
• To resolve conflicts through
confrontation.
• To maximize collaboration.
43. CONTD
• To develop interpersonal trust.
• To resolve communication block and
to speed up communication.
• To create a climate where human
growth and development become a
function of organization.
44. FUNCTIONS OF ANA
• Represents the interest of nurses in
collective bargaining.
• Advances the nursing profession by
fostering high standards for nursing
practice.
45. CONTD
• Lobbies congress and regulatory
agencies on health care issues
affecting nurses and the general
public.
• Initiates many policies pertaining to
health care reform.
• Publishes its position on issues.
47. HEALTH CARE LABOUR
LAWS
• MINIMUM WAGES ACT -1948.
• STRIKES & LOCK OUTS.
• PROTECTION OF SERVICE
CONDITIONS.
• REMOVAL FROM SERVICE.
48. CONTD
• REGULATION OF CONTRACT
LABOUR.
• HEALTH &MATERNITY BENEFITS.
• RETIREMENT BENEFITS.
• WOMEN LABOUR & LAW.
49. JOURNAL REFERENCE
• The thesis presented in this article is that
traditional and non-traditional CB strategies
empower nurses to find a voice and gain control
over nursing practice. This article describes the
current shortage; discusses how CB can be used
to help nurses find a voice to effect change;
reviews the ANA's history of 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.