Collective Bargaining; professional association & Union, health care labor law,

2. What do you mean by Collective
Bargaining?
Collective bargaining is a process of negotiations between
employers and a group of employees aimed at reaching
agreements to regulate working conditions. The interests of the
employees are commonly presented by representatives of a trade
union to which the employees belong.
The collective agreements reached by these negotiations usually
set out wage scales, working hours, training, health and safety,
overtime, grievance mechanisms, and rights to participate in
workplace or company affairs.

3. What is Collective
Bargaining?
‘Collective Bargaining refers to a process by which employers on the one
hand and representatives of the employees on the other attempt to
arrive at agreements covering the conditions under which employees will
contribute and be compensated for their services’
-Michael J. Jucius
Collective bargaining is an agreement between a single employer or an
association of employers on the one hand & labour union on the other ,
which regulates the terms and conditions of employment.
-Tudwig Teller
Collective bargaining is the process by which a labor union and employer
negotiate over the terms of the employment relationship.

4. When CB Started?
The term "collective bargaining" was first used in 1891
by Beatrice Webb, a founder of the field of industrial
relations in Britain.
It refers to the sort of collective negotiations and
agreements that had existed since the rise of trade
unions during the 18th century.
In the United States, the National Labor Relations
Act of 1935 implemented.
It was introduced in India in 1952 and is gradually
gaining importance in following years.

5. Types of Bargaining

6. OBJECTIVES
To provide an opportunity to the workers, to voice their
problems on issues related to employment.
To arrive at an agreement on wages & other conditions of
employment.
To protect the interests of nurse employees through
collective action.
To negotiate voluntarily, yielding some concessions &
sacrifices by both parties.
To bargain from a position of strength without exploiting
the weakness.
To resolve the differences between nurse employees &
management through negotiation.

7. Contd…
To resolve & prevent all conflicts and disputes in a mutually
agreeable manner through mutually signed contracts.
To ensure participation of Trade Unions.
To facilitate reaching a solution that is acceptable to all the
parties involved.
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.
To have a peaceful co-existence for the mutual benefits &
progress

9. CHARACTERISTICS OF CB
Collective
Strength
Voluntary
Formal
Flexible
Improvement
Representation
Dynamic
Continuous
Bipartite process

10. Process of CB

11. COLLECTIVE BARGAINING
MEMBERS
Registered nurses
Physicians
Other professionals
Technical employees
Non -professionals

12. COLLECTIVE BARGAINING
AGENTS
Service employees international union.
National Nurses Union
Professional or State nurse’s associations
National union of hospital and health care employees
of the retail, wholesale and department store union

13. Essentials of successful
Collective Bargaining
Favourable Political Climate
Strong & Stable Unions
Recognition
Willingness to give & take
Negotiator’s Authority
Fair practices
Positive Attitude rather than a fighting approach

14. Obstacles of CB in Nursing
Registered nurses who participate in organizing drives
could be summarily fired
Employer’s Reluctance (Hospital could refuse to
recognize and bargain with nursing organizations)
Multiple Unions
Non-Recognition
Weak Unions
Political Interference
Inadequate Interventions

15. 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.

16. 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

17. HEALTH CARE LABOUR LAWS
• Health care law is the federal, state, and local law, rules, regulations & other
jurisprudence affecting the health care industry.
• The Indian health care improvement act (IHCIA), 1976
• The following are the labour laws that are adhered in India:
 Workmen compensation (Amendment,2000) Act, 1923
 Contract Labour (Regulations & Abolition) Act, 1970
 Factories Act,1948
 Minimum wages Act, 1948
 Additional Emoluments Act, 1974
 Persons with Disability Act, 1995
 Trade Unions Amendment Act, 2001
 National Rural Employment Guarantee Act, 2005

18. Aspects of labour law
Strikes & lock outs.
Protection of service conditions.
Removal from service, regulation of contract labour.
Health & maternity benefits.
Retirement benefits.
Women labour & law.

19. PROFESSIONAL ASSOCIATIONS
& UNIONS
An association is regarded as the organization that brings
members of the same profession together for the exchange of
information & experience & for the advancement of their
profession.
Features o f Association
Associations have the members of the same profession.
The members do not use militant methods to press upon their
demands.
They form associations to meet periodically & discuss their
problems & share experiences.
They remain in touch with administrative officials, political
leaders, etc.

20. OBJECTIVES OF
PROFESSIONAL
ASSOCIATION

21. TRADE UNION
Trade union is a continuing, long term association of
employees, formed & maintained for the specific purpose
advancing & protecting the interests of members in their
working relationships with the employers.
It is continuous association of wage earners for the purpose
maintaining & improving the condition of their working lives.
Features of Unions
It is association of employees.
It is relatively permanent.
It is formed for securing certain economic & social benefits to
members.
Its focus is on joint, co-ordinated action & collective bargaining.

22. Purposes of Unions
• To be the instrument for solving economic, social,
political & psychological problems of the employees.
• To secure the better wages, better working conditions.
• To enhance self respect & dignity.
• To fulfil of social needs, stability of employment &
other problems during service.

23.  The TNAI cannot be legally appointed as a negotiating body either at a local,
state or national level.
 To move into the trend of union activities which seems to be necessary to
better conditions for Nurses, TNAI suggest the following policies:
To form grievances committees & State Government Nurses Service
Associations
A State level committee, must have a TNAI representative
Prevent Nurses from joining other unions
For the improvement of Nursing services to the community, the TNAI
members may support a strike action.

24. Conditions under which a strike
by Nurses may be approved TNAI
1. Where grievances exist, they should be thoroughly investigated by the
Government Nurses Association and reported to the local or State TNAI
Executive.
2. The State Branch Executive, TNAI, should also know all facts regarding the
situation and be satisfied that justice requires some action.
3. All possible approaches through legal efforts should be made to the
authorities for correction of the situation.
4. If no action is taken by the authorities despite all efforts, the situation should
be put before the members of the Government Nurses Association for vote
regarding strike.

25. CONTD…
5. At least two months warning should be given before the date set for the strike.
6. It must be clearly understood that the TNAI and its members will not support
any strike controlled or voted by any union, or organisation which includes
employees other than Nurses.
7. It must be planned, voted, and carried out with the above stipulations in a
dignified manner and with the assurance that the public understands and will
support the Nurses demands and that the Nurses will make every effort to
prevent harm to patients which might be caused by the strike.

26. THE NURSE MANAGERS
ROLE IN CB
Know the law, and make sure rights of the nurses as well as management are
clearly understood.
Find out the reasons the nurses want collective action.
Discuss and deal with the nurses and the problems directly and effectively.
Act clearly within the law at all times. If a manager acts unlawfully, report the
employer’s actions to the national labor relations board.
Keep all nurses informed through regular meetings held close to the hospital
or institution.
Resolving grievances.
A collective bargaining agent cannot make the decision to strike. The decision
to strike can be made only by a majority of union members.

27. RECENT IMPACT OF
COLLECTIVE BARGAINING
• Beyond their impact on wages and staffing, however,
unions also play a critical role in providing nurses a
meaningful voice on the job.
• Play important role in solving the nursing shortage.
• Positive influence on the work environment and on the
patient outcomes.
• Increasing numbers of nurses win the right to represent
themselves through collective bargaining.

28. Traditional and Non-traditional Collective
Bargaining: Strategies to Improve the
Patient Care Environment.
ANA Periodicals, Volume 9 (1) – 2004
[Karen W. Budd, Linda S. Warino, Mary Ellen Patton]
• 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
ANAs 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.

30. OPEN DISCUSSION