Collective bargaining is a process of negotiation between employers and employee representatives aimed at agreeing terms of employment. It involves representatives from unions and management negotiating and agreeing on a collective bargaining agreement (CBA) that specifies terms like wages, benefits, and procedures for resolving disputes. Effective collective bargaining requires both parties to prepare, understand each other's interests, and make concessions to reach a mutually satisfactory agreement.
3. An agreement made by or on
behalf of a group
The process of negotiating
between unions and
management aimed at settling
disputes before they turn into
labour unrest
4. A method of mutually
determining terms and
conditions of employment
Long-lasting process with
periodic reviews as
conditions necessitate.
5. Workers do not negotiate
individually or on their own
behalf but collectively
through their trade union
reps
Union must be recognized
by management
6. Willingness by the workers and
their trade unions
The power to force the employer
to accept negotiation
Willingness by management to
accept the decisions affecting
workers must be agreed on b4
implementation
7. Collective bargaining depends
on prevailing political climate
Collective bargaining in Kenya
has been trilateral:
◦Management
◦Union
◦Government
8. A collective bargaining results
into a labour contract
CBA-a written agreement
between the trade union and
management
Specifies rules and procedures to
be followed by both parties
during the contract period
9. Name of parties, duration,
provision for renewal, signatures
of the parties’ officials
Wage rates, fringe benefits, job
classification, overtime
Working conditions: permissible
breaks, severance pay, timing,
working shifts
10. Union security: check-off procedures,
recruitment of union members
Job security, termination, promotion,
demotion and transfers
Limitation of strikes, lockouts,
picketing
Grievance & dispute procedures
Management’s rights
11. 1. Substantive agreements-lay down
terms & conditions to be reflected in
each worker’s contract: include
◦ pay rates
◦ Working hours
◦ Holidays
◦ Pension schemes
◦ Sick leave
◦ Retirement age
12. 2. Procedural agreements-lay down
procedures to be followed in
specific situations
◦ Manner in which dispute is
regulated
◦ Timing &
◦ Approach in making substantive
agreements
13. 3. Distributive bargaining-assumes that
one party’s gain is the other’s loss
◦ Each party tries to maximize his gains
and minimize his losses
4. Integrative bargaining and
productivity deals
◦ Arise when both parties negotiate
without a loss to one another
14. Mediation: the process whereby a third
neutral party helps a trade union and
management reach an agreement
Mediator takes active but neutral in
suggesting alternatives
His role: to minimize or eliminate the
chances of work stoppage or labour unrest
A mediator is a professional person
acceptable to both parties
15. Process of peace-making
between two parties
Helping both parties develop
and adhere laid-down
procedures to settle conflicts/
differences
16. Provides assistance to the parties
during negotiations or to reach an
agreement
An amicable settlement of labour
conflicts/ differences
Central role of conciliator: to
influence positively the outcome
of negotiations
17. Arbitrator has authority to make binding
decisions
The process by which a grievance/dispute is
resolved by an impartial third party after
hearing all the facts pertaining to the
issues(s) and then recommending a solution
Used to settle disagreements from
administration of the labour contract
Provisions for arbitration are spelt out in
the CBA
18. Dismissal and disciplinary actions
Promotions and transfers
Strikes and lockouts
Salary/wage and working hours
Holidays and holiday pay
Health and welfare benefits
19. Grievance: a work-related
complaint;
Emanate from problems
associated with human nature
& personal characteristics
20. ◦ Communication breakdown
◦ Clashes over values
◦ Clashes in personalities
◦ Hostile management
◦ Disagreement over wages/fringe
benefits
◦ Workers’ distrust of authority
◦ External forces
21. Misunderstanding-eg clauses of
labour contract are understood
differently
Unilateral contract violations- the
result of misunderstanding of the
labour contract provisions or
ambiguous labour contract language
22. Outside influences-grievance is not
the real problem; it is a way for
workers to show dissatisfaction/
frustration eg: personal problems;
internal union politics; unfavourable
labour contract language
23. Decreased interest in work
Negative statements about the job,
colleagues, supervisors, the org.
Unwillingness to cooperate
Increased absenteeism
Poor job performance
Slowing down on the job
Being away from assigned place of work for
no apparent reason
24. Treating all workers as individuals and
with dignity
Recognizing good performers
Identifying and promptly eliminating
sources of irritation to workers
Training workers on how to perform
better on their respective jobs
25. Seeing issues from the workers’ point
of view
Giving clear orders and explaining
directions
Knowing the labour contract and
applying it
Being objective, fair and consistent in
disciplinary actions
26. Trade unions exercise their
economic power in a way that are
meant to force mgt to listen &
yield to their demands:
Strikes
Pickets
Boycotts
Lockouts
27. Between employer & recognized trade
union on behalf of a group of workers
Purpose: reaching agreement parties
are willing to sign and abide by
Aspects:
◦ Psychological basis of negotiation
◦ Negotiation preparation
◦ Task of the negotiator
28. Perception by each party of the
relative cost to the other party in
accepting or refusing an agreement
Assessing the potential financial cost
to the other party
Both parties enter into negotiations
with the intention of obtaining
bargaining advantage over the other
29. Both parties are motivated by desire to
reach an agreement
Sometimes the use of threats during
negotiations-weigh the seriousness of
issues
Threats are useful to obtain
bargaining advantage
The desire by both parties to reach a
satisfactory conclusion
30. Each side needs to prepare for negotiations
Each side needs factual information for
supporting its arguments
Unions must understand the interests of their
members
Management must know the cost of each
union demand
Management must try to predict how far each
concession to the union will influence its
profitability & efficiency
31. Provide advice to his or her party and
lay down the initial bargaining
objectives and strategies
Arrange and conduct bargaining
objectives and strategy
Arrange and conduct bargaining
meetings
Explain and defend the interests of
his/her side
32. Investigate and seek to understand
the other party’s case
Assess within the predetermined
strategy and in the light of
information gained during the
investigation
Assess when to adjust or when to
exert pressure on the other party to
modify their position
33. Inform, advise and consult with his/her
party on the progress of the negotiations
and if necessary, revise the objectives and
strategy of his/her group
Seek to influence the other party’s
negotiator to modify his/her position
Maintain an effective and continuing
personal relationship with the other party’s
negotiator
35. These allow the negotiator to
recognize, interpret and utilize
both verbal and non-verbal
communications.
36. The negotiator must be
conversant with the issues
under negotiation and the
context within which they
are able to be negotiated
37. The negotiator must make
judgements regarding the
implementation of the
predetermined strategy and
determine when and how changes
in argument and position should
take place
38. Negotiator-main spokesperson and leader
of the team
Recorder-takes notes on what is said and
the reactions of the opposing team
Analyst-prepares information, consider the
strengths and weaknesses of both sides;
examine implications and effects of
concessions
Specialist-provides detailed information on
the issue(s) under consideration
