Briefly explain the feature of Collective bargaining

 Briefly explain the feature of Collective bargaining. How this method is different in the public sector

Collective bargaining is a process in which employers and employees negotiate the terms and conditions of employment, such as wages, benefits, working hours, and working conditions. Here are some key features of collective bargaining:

Representation: Collective bargaining involves representatives of the employer and the employees negotiating on behalf of their respective parties. This can include union leaders, management representatives, and labor lawyers.

Bargaining power: Collective bargaining is based on the principle of bargaining power, with both parties seeking to negotiate the most favorable terms for their side. The balance of bargaining power can be influenced by factors such as the strength of the union, the labor market, and the economic climate.

Agreement: The ultimate goal of collective bargaining is to reach a mutually acceptable agreement that outlines the terms and conditions of employment. This agreement is typically documented in a collective bargaining agreement (CBA) that is binding on both parties.

Implementation and enforcement of the agreement's terms are the joint responsibility of the parties after it has been reached. This may entail keeping an eye on how the CBA is being followed, settling conflicts, and making revisions as necessary.

Collective bargaining in the public sector is distinct from that in the private sector in a number of respects. As a result of the greater authority of governmental organisations to create policies and budgets, one notable distinction is that public sector unions frequently face harsher limits on their ability to bargain. Additionally, unions in the public sector frequently bargain over a larger variety of issues, such as those pertaining to public services and the general welfare. Finally, depending on the jurisdiction and the type of agency or organisation, public sector unions may have distinct legal frameworks governing their bargaining rights.

According to Beach, “Collective Bargaining is concerned with the relations between unions reporting employees and employers (or their representatives).

It involves the process of union organization of employees, negotiations administration and interpretation of collective agreements concerning wages, hours of work and other conditions of employees arguing in concerted economic actions dispute settlement procedures”.

According to Flippo, “Collective Bargaining is a process in which the representatives of a labor organization and the representatives of business organization meet and attempt to negotiate a contract or agreement, which specifies the nature of employee-employer union relationship”.

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According to an ILO Manual in 1960, the Collective Bargaining is defined as:

“Negotiations about working conditions and terms of employment between an employer, a group of employees or one or more employers organization on the other, with a view to reaching an agreement.”

It is also asserted that “the terms of agreement serve as a code defining the rights and obligations of each party in their employment relations with one another, if fixes large number of detailed conditions of employees and during its validity none of the matters it deals with, internal circumstances give grounds for a dispute counseling and individual workers”.

Forms of Collective Bargaining:

The working of collective bargaining assumes various forms. In the first place, bargaining may be between the single employer and the single union, this is known as single plant bargaining. This form prevails in the United States as well as in India.

Secondly, the bargaining may be between a single firm having several plants and workers employed in all those plants. This form is called multiple plants bargaining where workers bargain with the common employer through different unions.

Thirdly, instead of a separate union bargaining with separate employer, all the unions belonging to the same industry bargain through their federation with the employer’s federation of that industry. This is known as multiple employer bargaining which is possible both at the local and regional levels. Instances in India of this industry-­wide bargaining are found in the textile industry.

Essential Pre-Requisites for Collective Bargaining:

Effective collective bargaining requires the following pre­requisites:

(i) Existence of a strong representative trade union in the industry that believes in constitutional means for settling the disputes.

(ii) Existence of a fact-finding approach and willingness to use new methods and tools for the solution of industrial problems. The negotiation should be based on facts and figures and both the parties should adopt constructive approach.


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