Process of Collective Bargaining

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Process of Collective Bargaining

By | August 2012
Page 1 of 11
Section : Module 2 - The Collective Bargaining Process

Objectives
1.To define collective bargaining
2.To examine the stages in collective bargaining
2.1 What is Collective Bargaining

Collective bargaining is a process whereby trade unions, representing workers, and employers through their representatives, treat and negotiate with a view to the conclusion of a collective agreement or renewal thereof or the resolution of disputes.

A collective agreement is usually an agreement in writing between an employer and a union, on behalf of workers employed by the employer. It contains provisions reflecting terms and conditions of employment of the workers, and conferring to them their rights, privileges and responsibilities.

Sometimes the terms “bargaining” and “negotiating” are used to describe the same process. Theoretically, the term bargaining is probably better used to describe the economic interaction between an employer and an employee which is finalized in the individual contract, whether written or unwritten. When an employer hires a worker, he can demand labour, and agree on a price for that labour. The offer, acceptance, consideration, and intention to create a legal relationship constitutes a bargain to which compliance can be sought in law.

When trade unions negotiate a collective agreement with employers, the process and the outcome are somewhat different. In the first place, trade unions do not sell labour to employers, unlike individual workers. Likewise, employers do not pay trade unions for work done. Trade unions use collective bargaining as a means of setting the rules by which labour in the workplace will be regulated and remunerated.

The process of collective bargaining is in reality a series of negotiations, diplomatic and political manoeuvres, with the influence of economics. The ILO Convention No. 154
The Promotion of Collective Bargaining
Article 2
For the purposes of this Convention, the term “collective bargaining”...

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