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COLLECTIVE

 BARGAINING
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
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)
HISTORY OF COLLECTIVE

      BARGAINING
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
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.
OBJECTIVES OF
COLLECTIVE BARGAINING
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.
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.
CHARACTERSTICS OF
COLLECTIVE BARGAINING
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.
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 .
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.
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.
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.
THE COLLECTIVE
  BARGAINING PROCESS
• PREPARE
• DISCUSS
• PROPOSE
• BARGAIN
• SETTLEMENT
PROCESS OF COLLECTIVE
     BARGAINING
COLLECTIVE BARGAINING
       MEMBERS
• REGISTERED NURSES
• PHYSICIANS
• OTHER PROFESSIONALS
• TECHNICAL EMPLOYEES
• NON -PROFESSIONALS
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.
COLLECTIVE BARGAINING
     PROCEDURE
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.
CONTD
• Election is conducted within 45 days
  by secret ballot.
CERTIFICATE TO CONTRACT
CONTRACT
ADMINISTRATION
DECERTIFICATION
OBSTACLES OF COLLECTIVE
 BARGAINING IN NURSING
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.
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.
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.
ADVANTAGES
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
DISADVANTAGES
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
THE NURSE MANAGERS
         ROLE
• RESOLVING GRIEVANCES
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
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.
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.
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.
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
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.
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.
GOALS OF PROFESSIONAL
     ASSOCIATIONS
• To make decisions on the basis of
  competence rather than community.
• To    resolve    conflicts through
  confrontation.
• To maximize collaboration.
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.
FUNCTIONS OF ANA



• Represents the interest of nurses in
  collective bargaining.
• Advances the nursing profession by
  fostering high standards for nursing
  practice.
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.
HEALTH CARE LABOUR
       LAWS
HEALTH CARE LABOUR
         LAWS
• MINIMUM WAGES ACT -1948.
• STRIKES & LOCK OUTS.
• PROTECTION     OF    SERVICE
  CONDITIONS.
• REMOVAL FROM SERVICE.
CONTD
• REGULATION   OF    CONTRACT
  LABOUR.
• HEALTH &MATERNITY BENEFITS.
• RETIREMENT BENEFITS.
• WOMEN LABOUR & LAW.
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.
CONCLUSION
THANK YOU ..

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Collective

  • 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
  • 17. PROCESS OF COLLECTIVE BARGAINING
  • 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.
  • 22. CONTD • Election is conducted within 45 days by secret ballot.
  • 26. OBSTACLES OF COLLECTIVE BARGAINING IN NURSING
  • 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
  • 34. THE NURSE MANAGERS ROLE • RESOLVING GRIEVANCES
  • 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.
  • 51.