Semester project made on collective bargaining

1. Collective Bargaining
,
Prepared by
— Creative Crew

2. “Creative Crew”
group identification
Crew number Crew name ID
# Crew 1 Rahat Ahmed Chowdhury 131-116-051
# Crew 2 Shufia Befum Shuly 131-116-066
# Crew 3 Koyray Alahe Tuhin 131-116-060
# Crew 4 Md. Abdul Matin 131-116-070
# Crew 5 Sonchita Rani Nath 131-116-054
# Crew 6 Sourov Badiya 131-116-259

3. Acknowledgment
Preparing this assignment appeared to be a great experience to us. It added a lot to
our knowledge. This assignment is one of our memorable experiences in student life.
We also would like to give a lot of thanks to our honorable course teacher, Md.
Rakeullah Chowdhury for giving us a wonderful opportunity to make such an
interesting and valuable assignment and giving us a clear concept about the
assignment.

4. Collective Bargaining at a glance......
In a short sense, collective bargaining is
the way of resolving disputes.
Collective bargaining is made of 2 words
Collective: which implies group action
through its representatives
Bargaining: which suggests negotiating
Thus it implies,
“Collective Bargaining (CB) is the
negotiation between representatives of
management and workers to produce a
written agreement covering terms and
conditions of employment. “
CB

5. Collective Bargaining defined......
Collective bargaining is a mode of fixing the terms of employment
by means of bargaining between an organized body of employees
and an employer or an association of employers usually acting
through organized agents.
R.F.Hoxie
Collective Bargaining is a process in which the representatives of a
labor organization and the representatives of the business
organization meet and attempt to negotiate a contract or
agreement which specifies the nature of the employee-employer
union relationship.
Edwin B.Flippo

6. History of Collective Bargaining
The term Collective Bargaining (CB)
was first introduced in 1891 by
‘Beatrice Webb’ a founder of the field
of industrial relations in Britain. It
was introduced as a basic human
right.
In the United States, the National Labor Relations Act of 1935
made it illegal for any employer to deny union rights of an
employee. The issue of unionizing was more controversial until the
1950s. In 1952 President John F. Kennedy issued an executive
order granting federal employees the right to unionize.
In the subcontinent collective bargaining was introduced in the 20th century. Collective
Bargaining (CB) was first introduced in Bangladesh under the framework of Industrial
Relations Ordinance, 1969

7. Legal framework of Collective Bargaining
The legal framework on collective bargaining is governed by the
provisions of the Labor Act 2006. According to section 209 and 210 of
the act collective bargaining is the first step in the industrial dispute
settlement mechanism.
Bangladesh has ratified ILO Conventions 87 and 98 on freedom
of association and collective bargaining and thus is required to
protect the rights contained therein.

8. Objectives of Collective Bargaining
 Settle disputes/conflicts relating to wages and working conditions;
 Protect the interest of workers through collective actions;
 Resolve differences over knotty issues.
 Carry out negotiations voluntarily, without interference from a third party.
 Arrive at an amicable agreement through a process of give and take.
 To have peaceful co-existence for the mutual benefits and progress.
 To maintain employee-employer relation bilaterally.

9. Characteristics of Collective Bargaining
Collective: Collective bargaining is a two way group process where the
employers representative and employees representatives sit together to
negotiate terms of employment.
Strength: Both the parties in collective bargaining are strong and equal.
Voluntary: Both parties come to the negotiation table voluntarily in order
to go in particular negotiation. It is based on discussion, mutual trust and
understanding.

10. Characteristics of CB continues…
Improvement: It is a method to improve the employer-employees
relation in organization and resolve management and employees
conflicts.
Representation: Collective bargaining is between the representatives of
employees and management. The management does not directly deal with
employees. It carries negotiations with the representatives/executives of unions
and association.
Flexible: It is a flexible and continuous process and not fixed or static.

11. Characteristics of CB continues…
Dynamic: Collective bargaining is dynamic, that go on changing over a
period and grows and expand the way of agreement, the way of
implementation and way of discussion.
Bipartite Process: Because the employee and employers
representatives negotiate directly face to face across the table.

12. Structure of Collective Bargaining
Plant level: It is the basic or
micro level unit. Bargaining
conducted between the management
and CBA of the same plant. Industry level: Several units in same
industry form an association/unions and
bargain for common cause
National level: Here the bargaining is
between federation(s) of unions and an
employer’s association

13. Types of Collective Bargaining
 Distributive or Conjunctive bargaining involves zero-sum
negotiations, in other words, one side wins and the other loses. e.g.
wages, benefits, bonus, etc.
 In Cooperative or Integrative bargaining both the parties may gain
or at least neither party loses. e.g. better training programmes.
 In Productivity bargaining worker’s wages and benefits are negotiated against
their productivity. That means, the more they productive, the better wages
and benefit they will get.
 In Composite bargaining, worker’s bargain usually for wages comparing with
their work level, employment level and environmental hazards etc.

14. Collective Bargaining activities
Major activities in collective bargaining are:-
(1) To undertake collective bargaining with the employer or employee on
matters connected with employment, non-employment, terms of
employment or the conditions of work.
(2) To represent all or any of the workmen in any proceedings
(3) To declare the strike or may issue the notice of strike under the provision of law.
(4) To nominate the representative of workmen on the workers participation
fund, or on the Board of Trustee or provident fund.

15. Issues in Collective Bargaining
1. Wages and working conditions
2. Work norms
3. Incentive payments
4. Job security
5. Changes in technology
6. Work tools, techniques and practices
7. Staff transfers and promotions
8. Grievances
9. Disciplinary matters
10. Health and safety
11. Insurance and benefits
12. Union recognition
13. Union activities/responsibilities
14. Management rights

16. Collective Bargaining Agent (CBA)
In relation to IRO 1969 & Bangladesh Labor Code, 2006; the
collective bargaining agent (CBA) can be defined as:
‘collective bargaining agent’, in relation to an establishment or
group of establishments, means the trade union of workers or
federation of trade group of establishments in the matter of
collective bargaining;
Collective Bargaining Agent described in Section 202 in
Bangladesh Labor Code & in Section 22 in IRO 1969.

17. Selection process of CBA
(1) In any enterprise if there exist only one registered union with
membership equivalent to a one third of the total number of
workers employed in an enterprise, than that union is legally
authorized to work as CBA without any election
(2) In case there exist more than one legal union, a CBA is elected
from among those unions on the basis of secret balloting. The
election process is:-
 Collection of application form from registrar for election
 List of employees or members should be given to the
registrar by the owner.
 Registrar will check the list of members and give it to the
unions.

18. Selection process of CBA continues…
 Correction of the list if required and give the copy of the list to
registrar and competitors.
 The list should be given to owners and competitors before the 4
days of election
 Publicity near the voting centre. But publicity within the 50
yards of voting centre is prohibited
 The registrar will perform all the election related activities
 Duration of the elected CBA is 2 years.

19. Collective Bargaining process
Collective Bargaining process
consists of 5 steps. They are:
 Preparation
 Discussion
 Proposal
 Bargaining
 Settlement

20. CB process continues…
Preparation: This phase involves composition of a negotiation team.
Discussion: Both parties decide the rules that will guide the negotiations.
Proposal: It involves the initial opening statements and the possible options
that exist to resolve them.

21. CB process continues…
Bargaining: 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.
Settlement: This stage is described as consisting
Of effective joint implementation of the agreement
through shared visions, strategic planning and
negotiated change.

22. Do’s & Don’ts of Bargaining Agents
Investigate each case
Talk with the employee
Must identify specific provisions
Comply with the time limits
Visit the work area
Were there any witnesses?
Examine personnel records
Prior grievance records
Private grievance discussions
Fully inform own supervisor
Do’s:

23. Do’s & Don’ts of Bargaining Agents
Discuss the case publicly
Meet with individual employee alone
Hold back the remedy
Admit to past practices
Don’ts:
Settle grievances based on what is
“fair” for you
Bargain over items not covered
Give long written answers
Deny grievances because “your hands
have been tied by management”

24. Importance of Collective Bargaining
From the (management’s) point of view:
 helps in reducing labor problems to the minimum and in maintaining cordial relations
between labor and management.
 opens up the channel of communication between the workers and management thus
increasing worker participation in decision making.
 create a sense of job security among employees.
 ease situation for management to resolve issues at the bargaining level

25. Importance of CB continues…
From the (employee’s) point of view:
 develop a sense of responsibility and accountability among the employees.
 increases the morale and productivity of employees.
 helps in securing a prompt and fair settlement of grievances.
 effective Collective Bargaining machinery strengthens and gives value to the trade
unions movement.

26. Importance of CB continues…
From the (society’s) point of view:
Collective bargaining leads to industrial peace in the country which in turn helps to
increase the pace of a nation’s efforts towards economic and social development. It helps
in implementation of labor legislation.

27. Keys to success in Collective Bargaining
 There must be a change in the attitude of employers and employees.
 The employers and employees should enter upon negotiations on points of
difference or on demands with a view to reaching an agreement.
 Unfair labor practices should be avoided and abandoned by both sides.
 The terms of the contract should be put down in writing and embodied in a
document.
 Collective bargaining should be based on facts and figures.
 Once an agreement is reached, it must be honored and fairly implemented.
 A provision for arbitration should be incorporated in the agreements

28. Failure in Collective Bargaining
Unfair or corrupt labor practices.
Non availability of factual data.
Failure on the part of management to recognize the trade union.
Politicization of issues.
Multiplicity of trade unions.
Unequal strength of parties participating in the collective
bargaining process.
Lack of objectivity in addressing and handling a grievance

29. Collective Bargaining in Bangladesh
Collective Bargaining system in Bangladesh is very much weak. Several
factors are responsible for it. So far, collective bargaining system has
not made in remarkable progress in Bangladesh for the following
reasons:-
 Unions are not organized enough to bargain collectively
 Many trade union leaders are not educated enough to comprehend
problems of workers and employers in a broad prospective.
 A good number of trade union leaders are either self-interested or
politically motivated persons.
 Ethical positions of most of the unions are not strong enough

30. CB in Bangladesh continues…
 Due to lack of education and intransigent attitude of some
employers, workers have more faith in acts of violence than the
process of collective bargaining to realize their demand.
 Very often lack of good faith in each other hinders the progress and
success of collective bargaining.
 Management often failure to have direct communication with
workers.
 Inefficient conciliation role of government resulting in poor collective
bargaining.

31. References
‘Industrial Relations’ by Khan & Taher
‘Essentials of Human Resource
Management’ by Omar Ali
‘Bangladesh Labor Code 2006’
‘www.slideshare.net’
‘www.wikipedia.org’

32. Thank You!!!

33. If You have any question