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Collective Bargaining

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International Comparative Trends in Collective Bargaining
Susan Hayter
Collective Representation, Coverage & Scope As Figure 1 shows, trade union membership has declined in many countries. There are a number of reasons for this. First, structural changes in labour markets, involving a decline in the share of manufacturing in total employment and increase in the share of services, eroded the traditional membership base of trade unions. In some regions, the dramatic decline in public sector employment as a result of structural adjustment and privatization had a detrimental effect on union membership. Second, legal reforms introduced in some countries prohibited compulsory unionisation (“closed shops”) and encouraged individual contracts. Third, the increase in international competition as a result of globalization undermined the bargaining power of trade unions and strengthened the hand of management. Finally, the growth of non-standard forms of employment, for example part-time or fixed-term contracts put a brake on union Trade union membership has declined in many countries.

Collective bargaining is a key means for improving wages and conditions of work and for regulating employment relations. Integration into global markets has intensified competition. In response, enterprises sought to be more flexible by introducing new forms of work organization and changing their employment practices. These changes present important challenges for collective bargaining. Collective bargaining practices and structures needed to adapt to remain responsive. This paper examines some broad trends and issues in specific regions.

Susan Hayter is Senior Dialogue Specialist, ILO, Geneva. E mail: hayter@ilo.org

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recruitment of these workers or at least made it more difficult.1 Despite a general decline in collective representation, the number of workers covered by collective agreements remained relatively stable in some countries but fell in oth-

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Note: Iceland, Korea, Mexico and Turkey excluded due to unavailable data

ers, particularly in countries which de- ers engaged in and covered by the terms regulated labour markets and removed of collective agreements remains very support for collective bargaining (Fig. low, particularly when those in informal 2). The data also shows a significant dif- employment are included (Hayter 2010). ference in the role that collective barThe scope of collective bargaining gaining plays in regulating terms and conditions of work in high income and expanded in many countries. Collective developing cou)LJXUH  &ROOHFWLYH %DUJDLQLQJ &RYHUDJH ntries. In high income countries,   the proportion  of workers cov ered by collec tive agreements    is either equal to   or higher than  trade union den sity. In develop ing countries, industrial relations institutions are Country weak and the proNote: Iceland, Ireland, Korea, Mexico, New Zealand and Turkey excluded portion of workdue to unavailable data
Collective Bargaining Coverage
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1 For analysis see for example, Visser (2006)

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Collective agreements now include a wide range of issues such as training, demographic change and parental rights. agreements now include a wide range of issues such as training, demographic change and parental rights. This broad-

ening of the collective bargaining agenda, which often includes many of the issues outlined in Box 1, enables the social partners to negotiate agreements that seek to address the needs of enterprises for increased flexibility in order to remain competitive, as well as those of workers for employment security, better working conditions and fair treatment.

Box 1
Flexible work practices: • Wage flexibility (e.g. variable pay systems, pay incentives linked to productivity) • Working time (e.g. annualized working hours limiting or abolishing overtime, flexi-time, working-time account) • Work organization, quality control and standards • Job evalution systems/categories Employment security: • Continuity of service • Regularizing employment • Restructuring (e.g. skills upgrading, voluntary retirement, severance pay) • Pensions Employability: • Vocational training • Leave and financing Gender and equal treatment: • HIV/AIDS and disability • Parental leave and family responsibilities • Sexual harassment • Wage improvements or wage parity for atypical workers • Gender and racial equality Occupational safety and health

Developments in Different Regions Turning to trends in different parts of the world, there continues to be great diversity in how collective bargaining is organized in different countries. This section highlights some key developments in specific regions. Africa There are significant developments in the legal and institutional frameworks for collective bargaining in many countries in 598

the African region. Some countries strengthened organizational rights (for example, allowing trade union pluralism in Tanzania, Ethiopia, Mauritania and Nigeria), while others introduced and/or elaborated on the rules and procedures governing collective bargaining processes (for example, Kenya and Namibia introduced a right to information). A number of countries created new industrial relations institutions to encourage collective bargaining and its smooth functioning such as dispute resolution agencies. A notable development was the establishment of tri

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Table 1: Collective Bargaining in Africa Legislative framework Bargaining structure Issues and challenges Underdeveloped institutions Informal economy Fragmentation of trade unions Poor labour relations in public sector

Strengthening organizational rights Mixed: enterprise and (e.g. organizational rights in public sectoral level bargaining sector; trade union pluralism) Introducing or elaborating bargaining rules and procedures Creation of institutions of tripartite social dialogue and/or dispute resolution. Sectoral bargaining councils in South Africa

Tripartite structures key in Unstable political structures Niger, Togo, DRC and Senegal and weak states.

partite institutions of social dialogue in some countries, such as the Comité National du Dialogue Social (National Social Dialogue Committee) in Senegal. Despite these developments in the legislative and institutional framework, collective bargaiaaning remains underdeveloped in many countries in Africa2. Formal wage employment accounts for a relatively small percentage of employment in most countries and the majority of workers work in the informal economy or in unpaid work in the rural sector. Many countries experienced a sharp decline in formal sector employment and trade union membership as a result of structural adjustment programmes. In addition, trade unions tend to be fragmented and relatively weak. Many countries experienced a sharp decline in formal sector employment and trade union membership as a result of structural adjustment programmes.
2. For overview of diverse trends in labour relations, see Wood & Brewster (2007).

Collective bargaining structures across the region are diverse with bargaining taking place at different levels (i.e., enterprise, sectoral/industry or central/national levels), or at multiple levels at the same time. For example, in Nigeria, employers' associations and one or more trade unions negotiate industrywide agreements which may then be improved upon or supplemented by issues negotiated at the enterprise-level (Fajana 2010). In Ghana, the National Tripartite Commission establishes minimum conditions which serve as a reference point for bargaining at the enterprise level (Gockel 2009). In South Africa, where formal wage employment is significant, sectoral bargaining, through either Bargaining Councils or non-statutory fora, plays an important role in regulating terms and conditions. Collective bargaining agreements are estimated to cover around onethird of all workers in wage and salaried employment. Bargaining Council agreements can be extended to non-parties (enterprises that are not members of the employers' association) within the par 599

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ticular scope of the Council. The Bargaining Councils often provide procedures by which enterprises can apply for exemptions from the agreements, based on criteria such as the size of the business or undue financial hardship (Budlender 2009). Labour disputes have increased in a number of countries, particularly in the public sector where the practice of collective bargaining is not as advanced as in the private sector (for example, in South Africa and Nigeria). Despite the creation of many new institutions for dispute resolution, their effective funding remains a key challenge. In some countries, the unstable political climate does not present a promising outlook for the use of collective bargaining as a means to facilitate the development of sound and productive labour relations and improve working conditions, as can be seen in countries such as Zimbabwe. The Americas & the Caribbean There have also been a number of legal and institutional developments in the Americas and the Caribbean. After a period of relative hiatus in respect of legal and institutional reforms, there are attempts to strengthen union recognition and bargaining rights in the United States. In Canada, a recent Supreme Court ruling strengthened collective bargaining rights. A number of countries in the Caribbean reformed or enacted new procedures promoting collective bargaining and introduced a duty to bargain in good faith (for example, Jamaica, 600

Bermuda, and Grenada). Some countries have strengthened organizational rights (for example, Brazil).3 A number of countries in the Caribbean reformed or enacted new procedures promoting collective bargaining and introduced a duty to bargain in good faith. Others reformed or enacted new procedures promoting collective bargaining (for example, Uruguay and Argentina). 4 One issue remains, promotion of collective bargaining with alternative forms of workers' organizations.5 In North America, collective bargaining is mostly decentralized to the enterprise-level, and at least in Canada and the United States, privately organized. In the latter, judicial decisions regarding the use of permanent replacement workers during a strike and subsequent employer strategies to individualize employment relations had a dramatic impact on trade union density and collec
3 Consolidação das Leis do Trabalho Ley 11.468 de 2008. 4. Uruguay adopted 16 July 2009, Collective Bargaining in Labour Relations in the Public Sector, Num. 18.508 (Negociación Colectiva En El Marco de las Relaciones Laborales en el Sector Público). Argentina adopted a Law on Stable Employment (Nueva Ley De Empleo Estable, No. 25.250 de 2000 (amended by Ley No. 25.877 de 2004). 5. The ILO Committee on Freedom of Association considers that direct negotiations between an enterprise and its staff which take no account of existing representative organizations may run counter to international standards (see ILO 2006).

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Table 2: Collective bargaining in the Americas Legislative framework Strengthen collective bargaining institutions and extend rights (Argentina, Uruguay, Brazil) Supreme Court decision 2007 protects CB (Canada) Proposal to strengthen recognition and collective bargaining (United States) Bargaining structure Mostly enterprise level Reinvigoration of sectoral wage councils in Uruguay Sectoral and enterprise level (coordinated by industry level trade union) in Argentina Issues and challenges Extension of rights Flexible employment prac tices Other workers' organi zations (Solidarista) Small size of establishments and ongoing fragmentation Increased use of safety clauses and opt-out clauses.

tive bargaining coverage.6 The significance collective bargaining plays in regulating terms and conditions of work has been more stable in Canada, where collective bargaining agreements are estimated to cover 31.5 per cent of wage and salaried workers (Hayter 2010). Collective bargaining remains underdeveloped in much of South America and there is a general emphasis on enterprise-level bargaining, particularly in Central America and the Andean region. With the exception of Uruguay and Argentina, the proportion of workers covered by collective agreements is low, ranging between 4.1 per cent of wage and salaried workers in El Salvador and 16.2 per cent in Costa Rica (Hayter 2010). Collective bargaining coverage has fallen, particularly in sectors that have been privatized and/or where restructuring and the reorganization of production resulted in the outsourcing of
6. Trade union density declined from 20.1 per cent in 1983 to 12.1 per cent in 2007. There was a slight increase to 12.4 per cent in 2008 (United States Bureau of Labour Statistics).

particular services. The large informal economy and the predominance of small enterprises are often seen as obstacles to collective bargaining, particularly as in this region the threshold for forming a trade union is anywhere from 20 to 40 workers.7 In Brazil, collective bargaining occurs largely at the municipal/territorial level. Collective conventions at the municipal/territorial level generally set minimum standards that may then be improved on by negotiations between an enterprise and the municipal union. There have been interesting developments in Brazil's banking sector, where both the employers' organizations and unions formed national industry-wide associations to coordinate their bargaining strategies in the public and private sectors (Cardoso & Gindin 2009). Collective bargaining was reinvigorated in Uruguay, with the reinstatement of sectoral
7. In Colombia, 25 workers are needed to form a union at the enterprise level, 30 in Ecuador and Honduras, 35 in El Salvador and 40 in Panama (Vega 2005: 224).

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Wage Councils and the creation of new Councils for rural workers and domestic workers in 2005. The sectoral agreements reached by Wage Councils do allow some flexibility through the inclusion of “safety clauses” which shorten the duration of the contract in case of economic difficulty, with the original agreement remaining in effect until another agreement is concluded (Mazzuchi 2009). In Argentina, collective bargaining has been reinvigorated through the strengthening of industry/ sectoral level bargaining. In general, industry/sectoral agreements set minimum standards. Enterprise-level agreements may be negotiated to improve upon, but not derogate from, these standards (Cardoso & Gindin 2009). Asia & the Pacific In the Asia and Pacific region, institutional frameworks for labour relations are at very different stages of development. At one end of the spectrum are countries in which labour relations are relatively well developed, such as Australia, New Zealand, Japan and Singapore. At the other, countries such as Cambodia, China, Mongolia, Nepal and Viet Nam that are establishing new labour relations frameworks. Legal reforms in the region reflect these priorities. The strengthening of organizational rights and the enactment of procedures for recognition are a key focus in countries that recently underwent a transition to democracy, such as Indonesia.8 Legal
8. Act concerning Trade Union/Labor Union No. 21 of 2001 and Manpower Act No. 13 of 2003.

reforms of a more procedural nature have been introduced in Malaysia and Singapore, where the state plays a key role in shaping the bargaining structure/ practices. After significant deregulation of rules and procedures for collective labour relations in Australia and New Zealand, recent reforms have reaffirmed support for collective bargaining, and in respect of the latter country, expanded the system of collective bargaining in the public sector. Enterprise-level bargaining remains the predominant practice in most countries in the region. Exceptions include sectoral agreements in the plantations sector in Sri Lanka, and the cotton and textiles and plantations sectors in India (Amerasinghe 2009). Labour market reform under way in Nepal also aims to strengthen collective bargaining at the sectoral level. Faced with the proliferation of non-regular forms of employment, some trade unions in Korea initiated a nationwide campaign to reorganize previously enterprise-based trade unions into industry-based organizations. While collective bargaining still takes place predominantly at the enterprise-level in Korea, there has been some shift to sectoral bargaining in the banking, health and metal sectors (Yoon 2009). Significant changes in collective bargaining practices are taking place in China, particularly since the early 2000s. According to official statistics, 149 million workers were covered by collective agreements in 2008. The government and social partners have used tripartite

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mechanisms to promote the expansion of collective bargaining coverage. While questions remain about the quality of these collective agreements and the collective bargaining process, there is some indication that there has been a steady improvement in their quality. There has also been a gradual spread of regional/ sectoral bargaining. This development is considered important in helping overcome the widespread problem of unions' dependence on individual employers at the enterprise level. In some localities this led to the negotiation of minimum wages for workers in small- and medium-sized enterprises that are higher than the mandatory local minimum wages (Lee 2009). Although most collective bargaining takes place at the enterprise-level, different mechanisms function to coordinate wage settlements across the economy. For example, in Singapore, the tripartite National Wage Council (NWC) plays a key role in issuing national guidelines that are taken up in subsequent enterprise-level negotiations. In Sri Lanka, employers' organizations coordinate collective bargaining, and no collective agreements are reached outside of the Employers' Federation of Ceylon. In Japan, the Shunto (spring wage offensive) has traditionally played an important role in this regard. The Shunto is the mechanism by which sectoral unions lead wage negotiations in a coordinated manner. However, it has weakened in recent years due to worsening economic conditions which have constrained the ability of unions to achieve annual pay scale increases. With the weakening of its traditional role, new

roles are being explored for the Shunto and the mechanism is undergoing a period of revitalization. At the national level, the Japanese Trade Union Confederation (JTUC-RENGO) has been utilising Shunto as a means to reduce wage disparity between those who work in large firms and those who work in SMEs, and between regular and non-regular workers.9 One of the most salient constraints on collective bargaining in this region is the weak capacity of the social partners. One of the most salient constraints on collective bargaining in this region is the weak capacity of the social partners. A multiplicity of trade unions has been one of the elements hampering collective bargaining practices in Cambodia, Indonesia, Pakistan and the Philippines. Furthermore, employers' organizations have only recently emerged in transition economies, such as Cambodia, China, Mongolia and Viet Nam (Yoon 2009). Labour relations are highly adversarial in many countries in the region. Collective disputes have been rising in the public sector in Sri Lanka. Labour relations are also highly adversarial in Nepal where institutions for dispute resolution are underdeveloped. China and Viet Nam have also seen a dramatic rise in disputes due to ten
9. Information provided by Japanese Institute for Labour Policy and Training.

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sions arising from new market-based employment relations with which labour laws and underdeveloped industrial reTable 3: Collective bargaining in Asia Legislative framework Strengthen organizational rights (Indonesia, Korea public sector)

lations institutions are struggling to cope (Lee 2009).

Bargaining structure Mostly enterprise level

Issues and challenges

Establish new institutional framework for IR (China, Vietnam, Some sectoral bargaining Nepal, Indonesia, Cambodia, emerging in Cambodia Mongolia) (garment), Korea (metal, banking, hospital), Sri Lanka Reassert role of CB (plantations) and India (cotton (New Zealand and Australia) & textiles and plantations)

Extension of rights (public sector, EPZs and migrant Weakening of Shunto in Japan workers) Informal economy Flexible employment practices Rise in labour disputes (Nepal, Vietnam, China)

Europe & Central Asia As in other regions, there are significant differences between countries in Europe. In respect of developments in collective bargaining frameworks and institutions, three broad groups can be distinguished. The first group includes countries in the enlarged European Union (EU), where integration and European Union directives shape legal and institutional developments. The second group includes Moldova and countries in the Western Balkans. 10 The third group is made up of the Commonwealth of Independent States (CIS). 11

In respect of the first group of countries, some in the EU 15,12 with relatively well developed industrial relations institutions introduced procedural amendments to facilitate the adaptation of collective bargaining structures, permitting greater articulation of issues at different levels. For example, France introduced changes to regulations governing representativity and introduced other reforms that give broader scope to enterprise-level negotiations.13 The situation is somewhat different in the new EU Member States. Many countries adopted new labour codes extending the scope of collective bargaining and setting out proce
12. EU15 refers to the 'old' EU Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. 13. Law on Lifelong Vocational Training and Social Dialogue No. 4 of 2004, and Law on Renewing Social Democracy and Working Time of 2008.

10. Albania, Bosnia and Herzegovinia, Croatia, FYR of Macedonia, Montenegro and Serbia. 11. Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.

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dures for collective bargaining. For example, the Czech Republic enacted procedures for extending collective bargaining agreements. 14 Bulgaria introduced legal reforms regulating thresholds for recognition and the conduct of collective bargaining at different levels.15 Collective bargaining coverage tends to be high, sometimes higher than trade union density In respect of practice, most of the EU15 and some of the new Member States have strong multi-employer bargaining structures which extend collective agreements to non-parties. Collective bargaining coverage tends to be high, sometimes higher than trade union density (e.g. France). Collective bargaining takes place at the sectoral level in many of these countries.16 However, inter-sectoral agreements may be reached on particular issues, for example, on occupational accidents and illness in France (EIRO 2008). In other countries, collective bargaining takes place at a centralized or inter-sectoral level, although subsequent bargaining at either the sectoral or enterprise level may play a role in implementing or expanding on national inter-sectoral accords.17 There
14. Collective Bargaining Amendment Act No. 255 of 2005. 15. Labour Code Amendment Act No. 25 of 2001 (amended by Act No. 40 of 2007). 16. Austria, Bulgaria, Denmark, Finland, Germany, Italy, Netherlands, Norway, Portugal, Slovakia, Sweden. 17. Belgium, Ireland, Greece and Spain (framework), Romania.

are also a group of countries where most collective bargaining takes place at the enterprise level.18 Some decentralization is evident in this group of countries. In Finland, after a long period of central income policy agreements, collective bargaining shifted to the sectoral level in 2007 (EIRO 2008). In Denmark, a new sectoral framework agreement paved the way for the development of an enterprise-level bargaining structure in the insurance sector (EIRO 2009). There are also opposing developments; for example, fragmented bargaining practices in Spain led to the centralization of collective bargaining. What is clear is that in response to growing pressure for enterprise flexibility, higher-level agreements, whether at the intersectoral or sectoral level, have widened the scope for collective bargaining at the enterprise level. This permits issues agreed at higher levels to be further articulated at lower levels. In Germany, for example, the November 2008 collective agreement in the metalworking industry set out a general wage increase, but included a clause allowing the implementation of the increase to be negotiated at the enterprise level. Enterprise-level negotiations also play a key role in determining the details of flexible working time arrangements.
18. Cyprus, Estonia, Latvia, Lithuania, Luxembourg, Malta, Poland and the United Kingdom. There are a few sectoral agreements, for instance in education and the performing arts in Estonia and in metalworks in Cyprus.

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It is important to point out that collective bargaining coverage has remained relatively stable despite these changes in collective bargaining arrangements, which suggests that they are adapting rather than weakening. The relationship between different levels is being regulated in diverse ways. Some countries allow lower-level agreements to derogate from standards set by higherlevel agreements, in particular circumstances and according to an agreed procedure (e.g. France). In other countries, a favourability principle applies, meaning that lower-level agreements may improve upon but not derogate from labour standards in higher agreements (e.g. Slovenia). With the enlargement of the European Union, the transnational dimension of collective bargaining is becoming more important. There are two important developments in this regard. The first is the increased cross-border comparison of labour costs, flexibility and performance by multinational enterprises (MNEs) and the exchange of information and coordination of bargaining agendas by trade unions. The second concerns transnational negotiations between European industry federations, sometimes initiated by European Works Councils (EWCs), and a multinational enterprise which result in European Framework Agreements (EFAs). These agreements do not address wages and working time but rather address topics such as corporate social responsibility; the elaboration of key principles underpinning company employment policies; business restructuring; and particular 606

aspects of company policy such as health and safety (EIRO 2008 & EU 2008). In respect of the second group of countries, including Moldova and countries in the Western Balkans, significant efforts were made to establish the legal and institutional foundations for social dialogue, including procedures governing collective bargaining and dispute resolution. In Moldova, Serbia, and the FYR of Macedonia and Montenegro, the main focus of recent reforms has been the regulation of national tripartite bodies for social dialogue (e.g. representativity for participation). As a result, a number of economic and social councils and similar institutions have been established. Collective bargaining in these countries takes place at different levels (national inter-sectoral, sectoral/branch level and enterprise), although weak and fragmented social partners have limited the development of collective bargaining. In addition, the priority given to the establishment of tripartite institutions of social dialogue as part of the preparatory work for accession to the European Union has captured the bulk of the resources and attention of the social partners. In the third group of countries (CIS), many also adopted labour codes over the last decade that included procedures for collective bargaining and dispute settlement. However, the weak capacity of the social partners limits the development of collective bargaining in practice. Collective bargaining takes place mostly within larger (formerly state-owned) enterprises.

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Table 4: Collective bargaining in Europe and Central Asia Legislative framework Establishing legal frameworks (CEE) Bargaining structure Issues and challenges

Adaptation of inter-sectoral and Vertical coordination sectoral bargaining to allow between levels EU15 articulation of issues and more Amendments to procedures to enterprise level bargaining (EU15) EU enlargement and crossallow more enterprise level border coordination of bargaining (France) Enterprise level (UK and CEE) collective bargaining Focus on tripartite structures, Regulating derogations: limited CB (SEE) Derogations and open clauses allowing derogations from min. Flexible employment prac (Finland); not allowing tices Capacity of social part derogations from min. (Slovenia) ners in SEE

Conclusion A comparative analysis of trends in different parts of the world reveals that there continue to be diverging tendencies. First, collective bargaining coverage has dramatically declined in some countries (e.g. United Kingdom) in part as a result of a rollback in public support for collective employment relations and the growing individualization of employment relations. By contrast, coverage remained relatively stable in many countries (e.g. those in the EU15) and even expanded in a few (e.g. Uruguay and Argentina). Second, while there is an increase in collective bargaining activity at the enterprise level in many countries, there has also been a shift to industry-level bargaining in some. Collective bargaining practices and structures can be responsive and adapt to changing circumstances. One example of this is the introduction of clauses that allow some flexibility in collective agreements either in respect of different sizes of enterprises or par-

ticular economic circumstances. In some countries, inter-sectoral and sectoral bargaining structures have also adapted to competitive pressures by allowing greater articulation of issues at the enterprise level. Another example of the responsive nature of collective bargaining is the adaption of collective bargaining practices in some countries (e.g. Japan and Korea) to the rise in temporary, fixed-term and other types of flexible employment, also protecting and improving the working conditions of these workers. References
Amerasinghe, F. (2009), The Current Status and Evolution of Industrial Relations in Sri Lanka, ILO Asia-Pacific Working Paper Series (New Delhi, ILO Subregional Office for South Asia). Budlender, D. (2009), Industrial Relations and Collective Bargaining: Trends and Developments in South Africa, DIALOGUE Working Paper No. 2, (Geneva, ILO). Cardoso, A. & Gindin, J. (2009), Industrial Relations and Collective Bargaining: Argentina, Brazil and Mexico Compared, DIA

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LOGUE Working Paper No. 5, (Geneva, ILO). European Commission (EU) (2008), Industrial Relations in Europe (Brussels, European Commission) European Industrial Relations Observatory (EIRO) (2009), Industrial relations developments in Europe, 2008, Report to the European Foundation for the Improvement of Living and Working Conditions, (Dublin). (2008), Industrial Relations Developments in Europe, 2007, Report to the European Foundation for the Improvement of Living and Working Conditions, (Dublin). Fajana, S. (2009), Industrial Relations and Collective Bargaining in Nigeria, unpublished paper, DIALOGUE, (Geneva, ILO). Gockel, A. (2009), Industrial Relations and Collective Brgaining in Ghana, unpublished paper, DIALOGUE, (Geneva, ILO) Hayter, S. (2010), International Statistical Inquiry on Trade Union Density and Collective Bargaining Coverage: 2008-09, DIALOGUE Technical Brief, International Labour Organization, (Geneva, ILO). ILO (2006), Freedom of Association: Digest of Decisions and Principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth (revised) edition, para. 94 (ILO, Geneva) Lee, C.H. (2009). Industrial Relations and Collective Bargaining in China, DIALOGUE Working Paper No. 7 (Geneva, ILO) Mazzuchi, G. (2009), Labour Relations in Uruguay, 2005-2008, DIALOGUE Working Paper No. 6 (Geneva, ILO) Sweeney, S. (2007), General Developments in Industrial Relations: The United States, in Review of Recent Industrial Relations Developments in Japan, USA, Brazil, China, and India, (Ithaca, Cornell School of Industrial and Labor Relations), available at: http://www.ilr.cornell.edu/news/upload/ General-Developments-in-IndustrialRelations.pdf. Vega, M.L. (2005), La reforma laboral en América Latina: 15 años después, (Lima, ILO Regional Office for Latin America and the Caribbean). Visser, J. (2006), “Union Membership Statistics in 24 Countries”, Monthly Labor Review, January 2006, Bureau of Labour Statistics, Department of Labour, United States Wood, G. & Brewster, C. (Eds.) (2007), Industrial Relations in Africa, Palgrave Macmillan. Yoon, Y. (2009), Comparative Study on Industrial Relations and Collective Bargaining in East Asian countries, DIALOGUE Working Paper No. 8 (Geneva, ILO).

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...Collective Bargaining Case Study HRM/532 December 10, 2012 Steve Nance Collective Bargaining Case Study The Case Study regarding the PBA (Police Benevolent Association) union was a situation against the city management. The case study is regarding negotiation for improved pay, and benefits with a bad relationship between the management and the union with fear and disagreement. The relationship between the city management and the unions seemed unstable and negative because the last negotiation that the city management was part of was the city’s solid waste and public works. There was a threat of privatization that the city was willing to hire new employees to replace those not satisfied. The PBA (Police Benevolent Association) was afraid this they would have to experience this situation. Yes there were many problems with the relationship between management and the unions. The unions successfully negotiated with the public waste area at that time and are currently renegotiating a new contract with the PBA (Police Benevolent Association). The city is prepared to bargain hard with the union regarding a new contract. The public sector was threatened with privatization and outsourcing and hiring new employees because this has been done many times before (Klingner, Nalbandian, & Liorens, 2010). The relationship differs because the public service was......

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Collective Bargaining

...Public Administration Collective Bargaining Case Study LaTonia Gover HRM/532 December 10, 2012 Steve Nance Collective Bargaining Case Study The Case Study regarding the PBA (Police Benevolent Association) union was a situation against the city management. The case study is regarding negotiation for improved pay, and benefits with a bad relationship between the management and the union with fear and disagreement. The relationship between the city management and the unions seemed unstable and negative because the last negotiation that the city management was part of was the city’s solid waste and public works. There was a threat of privatization that the city was willing to hire new employees to replace those not satisfied. The PBA (Police Benevolent Association) was afraid this they would have to experience this situation. Yes there were many problems with the relationship between management and the unions. The unions successfully negotiated with the public waste area at that time and are currently renegotiating a new contract with the PBA (Police Benevolent Association). The city is prepared to bargain hard with the union regarding a new contract....

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Collective Bargaining

...Collective Bargaining DeVry University HRM330/Labor Relations Professor TITLE PAGE Introduction…………………………………………………………………………………………………………… What is Collective Bargaining....................................................................................................................... History of Collective Bargaining…………………………………………………………………………………….. Importance of Collective Bargaining……………………………………………………………………………….. a. Importance to Employee b. Importance to Employer The Collective Bargaining 5 Step Process……………………………………………………………………….. a. Prepare b. Discuss c. Propose d. Bargain e. Settlement The Collective Bargaining Tactics………………………………………………………………………………… a. Intra-Organizational Bargaining b. Attitudinal Restructuring c. Integrative Bargaining d. Distributive Bargaining Issues of Collective Bargaining……………………………………………………………………………………. a. Wages b. Benefits c. Work Conditions Bargaining Deadlocks ……………………………………………………………………………………………… a. Strikes 1. Economic Strikes 2. Sympathetic Strikes 3. General Strikes 4. Wild Cat Strikes Conclusion …………………………………………………………………………………………………………….. Introduction Collective Bargaining has been used as a tool for improving working condition; increasing workers income and making sure the employees are being treated fairly. It is the process of negotiating between the employers and employee to reach an agreement that regulates working conditions and it...

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...2010, p. 497, para 1). Some of the disadvantages of grievance mediation is the fact that if there is no agreement reached in that time and the two parties have to go to arbitration they will have wasted time and money. The mediator does not have the authority to make binding decisions. Grievance mediation is an alternative dispute resolution that can be used but does not mean the decisions made during this time are binding so if both parties do not agree they can seek to go to arbitration. There are advantages and disadvantages to grievance mediation; one just has to decide which one would be more beneficial to them. Grievance mediation can be a win-win. Reference Carrell, M. R., & Heavrin, C. (2010). Labor relations and collective bargaining: Cases, practice, and law (9th ed.). Upper Saddle River, NJ: Prentice Hall Do you believe grievance mediation is necessary? Why or why not? What other options might be more effective, if any? Defend yourself Grievance mediation is necessary because grievance mediation will help both parties save money. If mediation was not available the first thing that would be available would be arbitration. Arbitration can be a very long costly process. With arbitration being more costly and more timely and if mediation was not available there would not be any other options for grievances. Mediation of any conflict is the best use of alternative dispute resolution. Mediation puts the conflict in the hands of those involved, and......

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Collective Bargaining

...COLLECTIVE BARGAINING A just share to the fruits of one’s labor is a right guaranteed to all workers. How this right can be exercised prudently is the main concern of the module. Collective bargaining entails a membership that understands its responsibility from the moment a collective bargaining negotiation is proposed until the time that an agreement is finally implemented.  WHAT IS COLLECTIVE BARGAINING? Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE Legal. Collective bargaining agreement. is a process of negotiating an of Economic. Moral. It Its contents specify the terms and conditions employment (e.g., salary/wage increase, benefits, etc.). and management. Political. The agreement is a product of a negotiation between labor involves a system of shared responsibility and decisionmaking.  WHY IS COLLECTIVE BARGAINING AN IMPORTANT ASPECT OF LABOR-MANAGEMENT RELATIONS? Collective bargaining is important because it promotes the rights and ideals of labor. 1/6 Right to life. Collective bargaining is a means of improving workers’ standard of living through just compensation and humane working conditions. Right to work. It guarantees security of tenure and employees promotion on the basis of seniority....

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...support the question in hand. The question that I will explore is listed as followed: What are the advantages of collective bargaining for both employers and employees and is there a future collective bargaining in the new employment and professional climate? Sources Used for Literature Review: 1. Employment Relation 3rd Edition, Ed Rose. 2. Dubin, R. (1954) ‘Contruction aspects of industrial conflict’ in Kornhauser, A., Dubin, R. and Ross, A.M. (eds)Industrail Conflict. New York, McGrew-Hill 3. industrialrelations.naukrihub.(2013). Importance Of Collective Bargaining. Available: http://industrialrelations.naukrihub.com/importance-of-collective-bargaining.html. Last accessed 20/11/2013. 4. Rita Donaghy (2005). The Changing Landscape of Employment Relations in Britain [online]. Available from:http://www2.warwick.ac.uk/fac/soc/wbs/research/irru/wpir/warwick_paper_2005_lowry.pdf. [Accessed 20/11/2013]. Main Discussion: Importance of Collective Bargaining: Collective bargaining involves employers and trade unions negotiating terms on behalf of employee, however collective barging does not only include negotiations but also includes the process of resolving labour-management conflicts. Therefore, some could state that collective bargaining is a recognised way of creating a system of industrial theory of law. Collective bargaining could be seen as a method of introducing civil rights in the industry, meaning management should be conducted by......

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...news stories. Collective bargaining is a responsibility of the labor unions in which the writer of this post is the most familiar. This topic was chosen as a result of academic curiosity and an interest in developing a better understanding of the role of labor unions and collective bargaining in other countries. Explanation of Collective Bargaining In the United States the idea of collective bargaining has changed as labor relations between employees and employers have evolved and improved. In the past the idea of collective bargaining was not widely understood and there were opposing opinions on how to define collective bargaining. Chamberlain (1944) identifies two of these definitions: 1) “the process of arriving at an agreement as to terms and conditions of employment between a single workman and his employer, where the workman is represented by a labor union of which he is a member.” 2) “the arbitral decisions in which no negotiation may be involved”. In the first definition opponents may argue that the process was not collective. However, if the second definition is applied it could be argued that no bargaining occurs. Today, the definition has evolved to a more widely accepted definition as defined by Ball, Geringer, Mcnett, and Minor (2013) as “the process in which a union represents the interests of workers bargaining in negotiations with management” (p. 430). The remaining sections of this paper will explore if and how collective bargaining exists in......

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...Collective Bargaining My Name here February 24, 2013 The University Collective Bargaining It is common to define collective bargaining as a negotiation between an employer and trade union. Collective bargaining, however simple that short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally......

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...Collective bargaining One of the aims of a trade union is to negotiate with employers about matters affecting their members and other employees. Once a trade union is recognized in a workplace, the negotiations they have with the employer are called collective bargaining; these negotiations will be regarding terms and conditions of employment. Trade unions and employers will agree on how the process will operate, for example: * who will represent the workers, or group of workers (bargaining unit) in negotiations * which workers are included in the bargaining unit * how often meetings will take place * which issues, including which terms and conditions will be discussed * how failures to agree will be resolved * how discussions will work if more than one trade union is recognised For trade unions and employers who face problems at work which result in a dispute Acas can help. Collective conciliation can move parties towards a resolution of a dispute through the expertise of an impartial and independent third party - for example through the use of Acas services. Bargaining is conducted by trade unions and employers. The union side may be made up of full-time officials, workplace representatives or a mix of both. Local union representatives are now much more likely to be involved in collective bargaining. The employers' side can be the individual employer or, if at industry level, the employers' association. There will often be several unions......

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...Collective Bargaining: CB is one of the major tool of promoting industrial relationship between owners/stakeholders/management and employees/labor. Before stating a healthy discussion on collective bargaining, its functions, process and agreement, first we have an on his historical background. The first time in history Miss Beatrice Webb, used the term “collective bargaining” in 1891. She was the one of the founder of industrial relations field (Wilkinson 2014). CB was a sort of group or no of group’s collective negotiations and agreements that was existed since we found industrial revolution in G. Britrain, during the formations of trade unions. Later many governments provided it legal protection through passing executive orders. For example, in 1935 the National labor relations Act was made it illegal for all the employers of USA that they can’t deny union rights or an employee. Although until 1950s, it was more controversial that unionizing government employees in a public owned sector trade union. At last in 1962 USA president gave rights to unionize in public sector organizations by passing an executive order. Collective bargaining is the procedure that makes or changes the aggregate understanding. It is basically the procedure of progressing proposition, talking about them, accepting counter-recommendations and determining contrasts. The essential objective of collective bargaining is the accomplishment of an aggregate haggling assertion between the union and......

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...term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Efficiency, equity, and voice are the fundamental goal of labor relations and collective bargaining is a critical tool in maintaining and achieving this goal (Budd, 2013, p. 5). Collective bargaining are negotiations between employee and employer representatives concerning terms and conditions of employment that applies to the employees (Cornell University Law School, n.d.). The collective bargaining process results in a legally binding agreement between upper management and union members. The agreement through collective bargaining cover many areas, to include: compensations (wages, benefits, holidays/vacations, shift premiums and profit sharing), personnel policies and procedures (layoff, promotion, transfer policies, overtime and vacation rules), employee rights and responsibilities (seniority rights, job standards and workplace rules), employer rights and responsibilities (management rights, just cause discipline and discharge, subcontracting and safety standards), union rights and responsibilities (recognition as bargaining agent, bulletin board, union security, dues checkoff, shop stewards and no strike clauses) and dispute resolution and ongoing decision making (grievance procedures, committees, consultation and renegotiation procedures) (Budd, 2013, pp. 11-12). Despite the above list of issues for potential address in collective......

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...Clougherty 12/12/14 Collective Bargaining Essay Collective Bargaining Collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements to regulate specific working conditions. The collective agreements reached by these negotiations usually set out a variety of different things. These include wage scales, working hours, training, health and safety, and overtime. Collective bargaining is a bilateral process involving employers and employees. The two parties have different opinions/ ideas about different topics within the work place that are subject to change. The objective they are trying to reach is an agreement to settle the dispute. The collective aspect of the process is how the parties are grouped. They are grouped by their position within the respected workplace. These groups are called bargaining units. Collective bargaining has very many benefits to it. A major benefit is that it can strengthen the moral relationship between employees and management. This in result, Can lead to a better workplace. During the collective bargaining process, employees and managers respectively, and professionally dispute over certain areas in the workplace that can change. During the process they engage in problem solving, and attempt to remain equal while addressing situations. I feel as if this is the most important process, as well as the most beneficial because no matter the outcome of the bargaining, the managers......

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...Define and discuss the term “collective bargaining” Collective bargaining is the process of negotiations involving the representatives of the employer and employee for terms and conditions of employment that will apply to the employee. In the United States the negotiations that happen between concerning parties are written into legally binding contracts and usually last from one to five years (Budd). On the Huffington Post website, a writer by the name of Amanda Terkel writes about the labor conflicts that happened in Wisconsin, Ohio, and Indiana states. Governor Scott Walker from the state of Wisconsin tried to deprive the state’s public-employee unions for having collective bargaining rights. He stated that this will make it possible to shore up the states estimated 3 billion loss. The legislative action that has caused major protest in Madison, Wisconsin, with gatherings around 25,000 protestors while Wisconsin’s Democratic senators have fled the state to stop the bill from being voted on. Thousands of opponents of Ohio’s Senate proposed collective bargaining overhaul surrounded the statehouse with chants of kill the ill prior to the hearing of Ohio’s Senate Bill 5. The bill is written to do away with collective bargaining rights to state employees and cut back the rights of local level government employees. While the state of Indiana’s legislature is considering a bill that will strip Indiana teachers of their collective bargaining rights between local......

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