Question

describe at least four (4) strategies the employer can take during the collective bargaining process. Include how to successfully manage deadlocks during the process. Explain what is meant by “good faith” in regards to both the employer and the union during collective agreement negotiations.

Answer 1

Collective Bargaining is the procedure by which employees, through their unions, negotiate contracts and certain terms with their employers, which would determine the conditions of employment, pay arte, benefits, leave, safety policies, working hours, job health , work-life balance and much more.

Now, irrespective of the reason why an employer and employees get into collective bargaining, the employer wants to obtain the best possible outcome for their company , and the key to that is by strategic collective bargaining. These five strategies are a must for approaching collective bargainng in the best way:

i) Identifying that is the employer bargaining with employees as a group, at a representative level, or with individuals or smaller groups.

ii) An understanding that what the employees are seeking to obtain from the collective bargaining process. There should be clear communication with the employees and representatives, to identify what the other party seeks to get out of the entire process.

iii) There should be some plan made in advance, regarding employee claims which you can negotiate upon, assess the costs and benefits attached to the negotiation, setting the limits of what you can give in to, and how to explain it economically to the other party.

iv) A plan for what you as an employer aspire to obtain out of the collective bargaining process. This implies to the changes that you could bring about to improve productivity, stability and sustainability.

v) Plan about the major changes which you want to witness regarding to the work performance, remuneration, hours and shifts etc.

Now, there are four ways to successfully manage deadlocks during a negotiating process. These are:

i) Dampening your adversarial urge, and using common ground to remind the employees of some shared history that is worth preserving, the main focus should be on the objective.

ii) Taking proper time to find all other creative alternatives which could satisfy both the partie's concerns and interests. Identifying possible solutions and attempting to work out a joint, mutual opinion.

iii) Instead of counter-proposing, and rejecting the other person's claims, while stating your own,you shoudl reframe the questions you ask, and develop a line of enquiry which will actually help to solve the problem and identify alternative options.

iv) Make the other party feel that they are also participating in the process, both the parties should work side by side, attack the problem at hand and not each other. So, build on their ideas and put forward proposals which could satisfy their concerns.

'Good Faith' in all kinds of business negotiations implies that both the parties dealt with each other honestly and in a fair manner, so that each party receives the benefits of the negotiated contract. Good faith means dealing with each other openly, and without misleading one another and implementing it in collective bargaining helps the employees and the employer reach the best collective agreement. It implies the approaching of the bargaining in such a way which identifies the necesarry concerns, genuine consideration and proper response to those concerns. There should be promotion of rational, informed discussions between the parties, no misleading or decieving actions, minimum resortment to acts like strikes and lockouts etc.

For employess:

Should be responsive, active, communicatve etc. Meet together to respond to proposals, if there is a deadlock, they should continue bargaining until an agreement is reached, should not undermine bargaining process or decieve, don't bargain with anybody other than bargaining representative.

For employers:

Are required to provide complete information to employees, must not do anything intentionally to exclude ay employee frrom the collective bargaining process, and the employees who are not covered by the collective agreement should not be passed on terms or conditions agreed in that specific agreement.