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NURSING MANAGEMENT AND ADMINISTRATION

SEMINAR ON

COLLECTIVE BARGAINING

AND

CONFLICT MANAGEMENT

SUBMITTED TO SUBMITTED BY

Mrs. Thankamani V K Ms. Sameena V

Associate Professor 11nd year MSc Nursing

Govt. College of Nursing Govt. College of Nursing

Thrissur Thrissur

SUBMITTED ON: 31/12/2019


INTRODUCTION
Other than the continuing argument about the appropriate education for nurses, collective
bargaining is the most controversial and divisive issue in nursing. Some believe that collective
bargaining reduces the professionalism of nursing; others view it as a mechanism to prevent
employers from exploiting nurses. It has been seen as a complex legal issue, but dealt with by
attorney and other experts specifically trained to handle the problem it presents. Improvement in
wages, the primary purpose of collective bargaining in the past, is no longer the focal point of
most negotiations.

A lot of views have been expressed about collective bargaining. Collective bargaining
was a means of institutionalizing and containing conflict. In the earlier stages of the industrial
revolution when work places were smaller it was easier to contain conflict. According to Taylor,
the worker does not possess creative ability let alone intelligence and wisdom. The elements of
human oriented management systems which promotes sound conflict resolution such as
communication, consultation and participation, found no place in the theory. This concept of
management can be seen as an idea breeding ground for conflict resolution system rather than
cooperation. Thus, the hallmarks of organizations based on this model are centralized and clear
lines of authority and responsibility, and close supervision. Matters relating to collective
bargaining and conflict resolution are often seen as very crucial because this organization
comprises of various groups of people who come together under this umbrella but have diverse
interest and needs to satisfy.
COLLECTIVE BARGAINING
INTRODUCTION

Collective bargaining involves discussion between two groups as to the terms and
condition of employment it is called collective because the employer and the employee act as
group rather than as individuals .it is known as bargaining because the method of teaching and
agreement involves proposals , counter proposals ,offer and counter offers and other negotiation.

During a collective bargaining period, workers' representatives approach the employer


and attempt to negotiate a contract which both sides can agree with. Typical issues covered in a
labor contract are hours, wages, benefits, working conditions, and the rules of the workplace.
Once both sides have reached a contract that they find agreeable, it is signed and kept in place
for a set period of time, most commonly three years. The final contract is called a collective
bargaining agreement.

Much more essential to the nurses is assuring that they have a safe environment for
practice, free of mandatory overtime and other work issues, and a voice in the resource allocation
decisions that affect their ability to achieve quality health outcomes for patients". Control over
practice, flexible scheduling and a collegial environment are viewed as essential to a quality
work life for professional nurses. Nurse activities not that finding processes, structures and
methods, such as collective bargaining, may offer nurses control over practice. This control is
crucial to the survival of professional nursing in the face Of an acute nursing short age crisis.
MEANING

The phrase collective bargaining is said to be coined by Sydney and Beatrice Webb and
Great Britain. It is made up from two words collective which means “group” and bargaining
which means “proposals and counter proposals”.

Collective bargaining is a process between employers and employees to reach an


agreement regarding the rights and duties of people at work.

Collective bargaining aims to reach a collective agreement which usually sets out issues
such as employees pay, working hours, training, health and safety, and rights to participate in
workplace or company affairs.

DEFINITIONS
“Collective bargaining is the term used to describe a situation in which the essential
conditions of employment are determined by bargaining process undertaken by representatives
of a group of workers on the one hand and of one or more employers on the other.”

Dale Yoder

“Collective bargaining is a process in which the representatives of a labour 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.”

Filippo

“Collective Bargaining is the agreement between the single employer or an association of


the employers on the one hand and labor union on the other”.

Collective bargaining is the "Process by which organized employees participate with their
employers in decisions about their rates of pay, hours of work, and other terms and conditions of
employments".
Collective bargaining is the means by which professional nurse can influence hospital
nursing care delivery systems and labour management relations through a united voice.

Collective bargaining may defined as "Activities occurring between organized labour and
management that concern employee relations. Such activities include negotiation of formal legal
agreements and day to day interaction between unions and management".

Acc. to Morquis & Huston-2006

Collective bargaining is the way by which employee redress their grievances and asks the
employer to fulfill their needs. By this strikes can be avoided.

Collective bargaining is defined as "Negotiation about working conditions and terms of


employment between an employer & a group of employees or one or more employee,
organization with a view to reach an agreement where in terms serves as a code of defining the
rights and obligations of each party in their employment/ industrial relations with one another."

ILO

Collective bargaining involves discussions and negotiations between two groups as to the
terms and conditions of employment. It is called 'collective' because both the employer & the
employee act as a group rather than as individuals. It is known as bargaining, because the method
of reaching an agreement involves proposals, counter proposals, offers & counter offers and
other negotiations.

"A collective bargaining is a process generally consists of four types of activities


distributive, bargaining, integrative bargaining, attitudinal structuring and intra organizational
bargaining.

Walton and Mckersie

“Collective bargaining in nursing is the procedure opted by nurses to reach a collective


agreement regarding employment terms and rights and the duties. Collective bargaining aims to
resolve issues pertaining to wages, working conditions, health and safety, and working hours of
nurses. Collective bargaining strategies may be the only effective means for nurses to gain
control over their practice and to attain professional as well as personal and economic goals”.
(Breda, 1997)

“Collective bargaining is an agreement between a single employer or an association of


employers on the one hand and a labour union on the other, which regulates the terms and
conditions of employment”

Tudwig Teller

Collective bargaining is a procedure by which the terms and conditions of worker are
regulated by agreements their bargaining agents and employers.

Employers A Group of Employees

(Management proposal) (Union Claims)

Negotiation

Collective
Bargaining
EVOLUTION OF COLLECTIVE BARGAINING

The term of “Collective Bargaining” was first used in 1891 by Beatrics Webb, a founder
of field if industrial relation in Britain. It refers to a sort of collective of negotiation and
agreement that has existed.

The concept of collective bargaining was introduced very late in India as trade unions
were found only in 20th century.

In the year 1913: The California legislature extended the eight hour law to pupil nurses.

1919 – Formation of the union of stewards and nurses.

1930 – The national labor relation act (NLRA) established.

1934 – ANA actively campaigned for the eight hour /day

1941 – California State Nurses Association represented nurses concerns before the labor board.

1946 – The California nurses association became the first Nurses Association to represent nurses.

The concept of collective bargaining attained significance only after 1962.

The Indian Scenario:

 Gandhi - the leader of the Ahmadabad textile workers


 Idea gathered interest only after the Second World War
 GOI took steps like setting up of machinery for negotiations, conciliation and arbitration.

PURPOSE OF COLLECTIVE BARGAINING

Collective Bargaining is a procedure by which the terms and conditions of an employment of


workers are regulated by agreements between their bargaining agents and the employers.
Purposes of Collective Bargaining are the following

 The main purpose of collective is the of industrial disputes or conflicts relating to wages.
 It harmonizes labour relations.
 It promotes industrial enterprise B2ace by creating equality of bargaining power between
the labour and management.
 It improves working conditions.
 It prevents workers from getting into unfair treatment.

OBJECTIVES OF COLLECTIVE BARGANING

The main objectives of collective bargaining are:

 To provide an opportunity to the workers to voice.


 To reaching a solution that is acceptable.
 To prevent unilateral action to employees.
 To preventing strike and enhance the productivity.
 To Resolving and prevent all conflicts and disputes in a mutually agreeable manner.
 To develop a conducting atmosphere.
 To provide stable and peaceful organization (hospital).
 To maintain cordial relations between employer and employee.
 To promote democracy.
 To avoid the government intervention.
 To ensure the participation of trade unions.
 To save the time and money spent on legal battle.
 To promote participative management.
 To arrive at an agreement on wages and other conditions of employment
 To maintain employee-employer relation bilaterally
 To protect the interests of employees through collective action
 To negotiate voluntarily, yielding some concessions and sacrifices by both parties
 To bargain from a position of strength without exploiting the weaknesses
 To resolve the differences between nurse employees and management through
negotiation
 To have a peaceful co-existence for the mutual benefits and progress
CHARACTERISTICS OF COLLECTIVE BARGAINING

The following are the characteristics of collective bargaining:

Collective: Collective bargaining is a two way group process where the employers
representative and employees representatives sit together to negotiate terms of employment.

Strength: Both the parties in collective bargaining are strong and equal.

Voluntary: Both parties come to the negotiation table voluntarily in order to go in particular
negotiation. It is based on discussion, mutual trust and understanding.

Formal: It is a formal process in which certain employment related issues are to be regulated at
national, organization and workplace levels.

Flexible: It is a flexible and continuous process and not fixed or static.

Improvement: It is a method to improve the employer-employees relation in organization and


resolve management and employees conflicts.

Representation: Collective bargaining is between the representatives of employees and


management. The management does not directly deal with employees. It carries negotiations
with the representatives/executives of unions and association.

Dynamic: Collective bargaining is dynamic, that go on changing over a period and grows and
expand the way of agreement, the way of implementation and way of discussion.

Continuous: Collective bargaining is continuous and begins with agreement, the


implementation of agreement and further negotiations.

Bipartite Process: Because the employee and employers representatives negotiate directly
face to face across the table.

IMPOTRANCE OF COLLECTIVE BARGAINING


1. Collective bargaining results better understanding between both parties. Both employer and
employee gain better insight into the problems and aspirations of workers.

2. Collective bargaining is a democratic and pragmatic method of regulating the terms and
conditions of employment .here parties are directly concerned with problems related to issues of
their industry .whether it is health industry or any other enterprise.

3. Collective bargaining provides flexible means of adjusting wage structure and physical
facilities provided by the employer .both parties can meet any time to solve the problems faced
by the employers and employees of an institution with democratic way.

4. Collective bargaining helps in implementation of decisions because of direct involvement of


both parties in any type of issues.

Importance to employees

 Collective bargaining helps the employees from the exploitation of employer .rights of
both parties are saved with mutual understanding.
 Collective bargaining develops a sense of self respect and responsibility among the
employees.
 It increases the strength of the workforce, thereby, increasing their bargaining capacity as
a group.
 Collective bargaining increases the morale and productivity of employees.
 It restricts management’s freedom for arbitrary action against the employees. Moreover,
unilateral actions by the employer are also discouraged.
 Effective collective bargaining machinery strengthens the trade unions movement.

Importance to employers

 It helps in motivating the employers that leads to more production and achieving the laid
down objective of any organization.
 It becomes easier for the management to resolve issues at the bargaining level rather than
taking up complaints of individual workers.
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D Collective bargaining tends to promote a sense of job security among employees and
thereby tends to reduce the cost of labor turnover to management.
 Collective bargaining opens up the channel of communication between the workers and
the management and increases worker participation in decision making.
 Collective bargaining plays a vital role in settling and preventing industrial disputes.

Importance to society

 Collective bargaining leads to industrial peace in the country


 It results in establishment of a harmonious industrial climate which supports which helps
the pace of a nation’s efforts towards economic and social development since the
obstacles to such a development can be reduced considerably.
 The discrimination and exploitation of workers is constantly being checked.
 It provides a method or the regulation of the conditions of employment of those who are
directly concerned about them.

TYPES OF COLLECTIVE BARGAINING

According to Fosson JA, there are four types of collective bargaining;


DISTRIBUTIVE OR COLLECTIVE BARGAINING:

 Conjunctive bargaining is the most common type of bargaining & involves zero-sum
negotiations, in other words, one side wins and the other loses.
 This involves bargaining over the distribution of surplus. In this, economic issues like
salaries, wages and bonuses are discussed.
 One party’s gain is another party’s loss.
 More competitive.
 e.g. Unions negotiate for maximum wages

INTEGRATIVE OR CORPORATIVE BARGAINING:

 Integrative bargaining is similar to problem solving sessions in which both sides are
trying to reach a mutually beneficial alternative, i.e. a win-win situation.
 Both parties may gain or neither party losses.
 Both the parties are trying to make more of something.

 It tends to be more cooperative

PRODUCTIVITY BARGAINING:

 A form of collective bargaining leading to a productivity agreement in which


management offers a pay raise in exchange for alterations to employee working practices
designed to increase productivity.
 Substantial benefits based on productivity standards
 Management control over workplace relations

COMPOSITE BARGAINING

Workers believed that productivity bargaining agreements increased their workloads.


Rationalization, introduction of new technology, tight productivity norms have added to this
burden and made the life of a worker somewhat uneasy. As an answer to such problems, labor
has come in favor of composite bargaining. In this method, labor bargains for wages as usual, but
goes a step further demanding equity in matters relating to work norms, employment levels,
manning standards and environmental hazards etc.

Other types or activities of collective bargaining are given below

1. ATTITUDINAL STRUCTURING: This bargaining involves shaping and reshaping some


attitudes like hostility between labour and management. When there is a backlog of bitterness
between both parties there must be the attitudinal structuring which is required to maintain
smooth and cordial relations between employer and employees.

2. INTRA ORGANIZATIONAL BARGAINING: This type of bargaining is to achieve


general agreement with employees and employers. Here, different may be seen in different
groups on same issues. For example, skilled worker may feel that they are neglected by top
managers or women may feel that their interests are not being looked properly. Here, trade
unions intervene to achieve the general agreement among conflicting group.

LEVELS OF COLLECTIVE BARGAINING

Collective bargaining operates at three levels

1. National level
2. Sectorial bargaining
3. Company level

I. NATIONAL LEVEL: It is a bipartite or tripartite negotiation between union confederations,


central employer associations and government agencies. It provides a floor level bargaining on
terms of employment, often taken into consideration macroeconomic goals.

2. SECTORAL BARGAINING: It accounts for standardization of terms of employment in one


industry, includes a range of bargaining patterns.

3. COMPANY LEVEL: This is a supplementary type of bargaining. It emphasizes the point


that bargaining levels need not be mutually exclusive.
PRINCIPLES OF COLLECTIVE BARGAING

PRINCIPLES FOR THE MANAGEMENT:

1. The management should be waiting for the trade union to bring employees grievances to
its notice but should rather create the condition in which the employees can approach
themselves without involving the trade union.
2. The management should only deal with the one trade in the organization.
3. They must form and follow a realistic labor policy
4. They should treat the trade union fairly
5. They should regularly check the rules and regulations to determine the attitude and
comfort of its employees
6. Must agree to reform the trade union without any reservations
7. The management should not wait for the trade union to bring employees problems

PRINCIPLES FOR THE TRADE UNIONS:

1. The trade union should eliminate racketeering and other undemocratic practices within
their own organization
2. Trade union leaders should resort to strike only when all other methods of the settlement
of a dispute have failed
3. Trade union leaders should not imagine that their only function is to secure higher wages,
shorter hours of work and better working conditions for their members.
4. Trade union leaders should assist in the removal of such restrictive rules and regulations
that are likely to increase costs and prices and reduce the amount that can be paid out as
wages

PRINCIPAL OF UNION AND MANAGEMENT


1. Collective bargaining should be made an education well as a bargaining process.
2. It should offer to trade union leaders an opportunity to present to the managements.
3. There should be an honest, able and responsible leadership for only this kind of
leadership which make collective bargaining effective and meaningful.
4. There must be mutual confidence and good faith and a desire to make collective
bargaining effective in practice.

POINTS TO KEPT IN MIND BEFORE COLLECTIVE


BARGAINING

 Be sure to set clear objectives for every bargaining item, and be sure you understand the
reason for each.
 Do not hurry.
 When in doubt, discuss with your associates.
 Be well prepared with firm data supporting your position.
 Always strive to keep some flexibility in your position.
 Don't concern yourself just with what the other party says and does; find out why.
 Respect the importance for face saving for the other party.
 Be alert to the real intentions of the other party-not only for goals, but also for priorities.
 Be a good listener.
 Build a reputation for being fair but firm.
 Learn to control your emotions and use them as a tool.
 As you make each bargaining move, be sure you know its relationship to all other moves.
 Measure each move against your objectives.
 Pay close attention to the wording of every clause negotiated; they are often a source of
grievances.
 Remember that collective bargaining is a compromise process; There is no such thing as
having all the pie.
 Try to understand people and their personalities.
 Consider the impact of present negotiations on those in future years.
COLLECTIVE BARGAINING MEMBERS

Registered Nurses

Physicians

Other Professionals

Technical Employees

Non Professionals

ORGANIZATION OF COLLECTIVE BARGAINING UNIT

 Assemble a group of nurses who support collective bargaining.


 Arrange a meeting with a representative of nurses association of state level.
 Assess feasibility of an organizing campaign.
 Conduct necessary review of literature to develop a plan of action.
 Establish an organizing committee.
 Initiate the process of obtaining authorization cards.
 Schedule an informal meeting.
 Ensure voluntary recognition from the employer.
 Seek certification by national registration agency.
 Initiate contract negotiations.

LEGAL FRAME WORK FOR COLLECTIVE BARGAINING

Employee have the right to :

 Form to join or to assist a labour organization of their choice

 Bargain collectively through that labour organization

 Engage in concerted activities and mutual aid refrain (avoid doing) from any of the activities

Protects employees by defining and prohibiting unfair labour organization


 Discriminating against employees for engaging in or refraining from union activities.

 Refusing to bargain with the union that is the lawful representative of its employees.

PROCESS OF COLLECTIVE BARGAINING

The process of collective bargain involves negotiation and the management and union. It
is a complex involving a number of procedures, techniques and tools. Once nurses have decided
to pursue collective bargaining when there is no alternative for them. The general process is as
follows.

1. An organization committee is formed with well known and respected members which

should broad based in structure and representative of the major issues.

2. The committee does research to obtain extensive knowledge of all facts of the institution

including structure, organization, finances, cultures etc.

3. A timetable is prepared, delineating the specific organizing activities.

4. Possible employer facts are identified and discussed and specific strategies are developed

to manage them.

5. A system is established for keeping in constant communication with nurses.

6. A structural plan is made, including adoption of a set of bylaws and election of officers.

7. Recognition occurs by the employer certification. Voluntary recognition requires

authorization cards signed by the majority of nurses.

8. An election is held in which nurse’s vote for or against a collective bargaining unit.

9. A bargaining committee is elected by the nurses to negotiate a contract.

10. A contract is negotiated. Members of the bargaining committee should survey the

membership to gather data for contract proposals. At the first bargaining meeting
E
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c proposals are made. The easiest one should be settled first. Debriefing at the end of each

session are helpful. The team should respond to management with care, spirit and no

unconditional concessions.

11. When all proposals have fully discussed agreed on, the contract is written.

12. The contract is then presented to union members who vote to ratify or reject. If accepted

is signed by both sides.

13. The contract is enforced through grievance and arbitarian procedures. It is reviewed or

amended on regular basis.

Steps in collective bargaining includes

PREPARATORY PHASE
In this phase following activities are carried out:

 Selection of negotiation team: It consists of representatives of both the parties. They


should have adequate knowledge and skills for negotiation. They must know when to
listen, when to talk, when to stand their ground, when to concede and when to make
counter proposal. Timing is important.
 Identification of problem.
 Examination of situation, and issues for negotiation
 Collection of data: Enough supporting data is kept ready. Initially time is to gather
relevant data related to issues.

DISCUSSION PHASE

The following activities are carried out during discussion phase:

 Decide an appropriate time and set a proper climate for negotiation.


 Decision on ground rules.
 Maintenance of mutual trust and understanding.
 Involve in active listening, asking questions, and summarizing decisions.
 Collective bargaining.

POSSIBLE ALTERNATIVES OR PROPOSAL PHASE

During this phase, there is:

 Initial opening of statements.


 Possible alternatives/opinions to resolve the issues by both parties.
 Brainstorming.

BARGAINING PHASE

During bargaining phase, both parties involves in the following activities:

 Problem-solving
 Proposals are set forth

SETTLEMENT PHASE

After the bargaining phase, settlement phase starts with:

 Consensus agreement on common decision


 Negotiated change

FORMALIZING THE AGREEMENT

 Drafting Of agreements: After good faith bargaining, a formal document must


prepare. It should be simple, clear and concise.
 Signing the agreement: Both parties sign the agreement and abide by its terms
and conditions.

ENFORCING THE AGREEMENT

To have the agreement effective and meaning, it should be enforced or implemented


immediately.

OBSTACLES

 Registered nurses who participate in organizing drives could be summarily fired.


 Hospital could refuse to recognize and bargain with nursing organizations.
 The associations spend years softening up the turf.

MAJOR ISSUES OF COLLECTIVE BARGAINING

There are four major issues in nursing in regard with collective bargaining:

 Whether it is professional?
 Which organization/associations represent nurses at the bargaining table?
 Whether to join union?
 What is the role of nurse administrator to the right to bargain collectively?
There are many reasons, the nurses start bargaining collectively: the working conditions
and safety, wages, salary, autonomy, staffing, benefits, cadre, promotions, etc. Job dissatisfaction
is also reported as a precursor to increased union activities. Whereas the common subject matters
of collective bargaining in the government sectors are; Union recognition and scope of
bargaining; management rights: union security; strikes and lockouts; activities and
responsibilities; wages, working conditions; job rights and seniority; discipline, promotions;
grievances handling; health and safety etc. This can be at the organizational level, local, state and
national level. In India, nurses have the associations at the national, state and local level in
service side as well teaching side. The committees are also formulated to discuss the issues like
cadre, staffing, working conditions.

Thus traditionally wages and working conditions have the primary focus of collective
bargaining. But in the recent time the process of bargaining has been extended to almost all of
employee-employer relations, covering a large area. The major issues dealt with in collective
bargaining are broadly categorized as below:

Wage related issues: These include topics like how basic wage rates are determined, cost of
living adjustments, wage differentials, overtime rates, wage adjustments etc.

Supplementary economic benefits: These include issues as pension plans, paid vacations, paid
holidays, health insurance plans, dismissal plans, supplementary unemployment benefits etc.

Institutional Issues: This consists of rights & duties of employers, employees & unions,
including union security, check off procedures, quality of work-life program etc.

Administrative Issues: These include issues such as seniority, employee discipline and discharge
procedure, employee health & safety, technological changes, work rules, job security and
training, attendance, leave etc.

Some of the examples of issues of collective bargaining are mentioned below.

 Absence of reporting unsafe or poor patient care (quality of patient care is primary issue)
 Short staffing and improper skill mix to correspond to patient acuity
 Floating without orientation and training
 Use of temporary personnel and unlicensed personnel
 Resistance of employers to accept joint decision-making
 Adversial relationship between nurse and management and exploitation of nurses by
management
 Lack of respect for employee
 Lack of promotional opportunities
 Lack of staff development and continuing education opportunities
 Poor differentials for shift work, education and experience
 Poor management and poor communication
 Lack of career ladders
 Mandatory and Voluntary overtime
 Use of temporary nurses
 Acuity-based staffing systems.
 Protection from reassignments and mandated non nursing duties.
 Provision for work orientation and continuing education.
 Health and safety provisions, such as free Hepatitis 'B' vaccine.
 "Just cause" language for discipline and termination.
 Provisions for nursing and multi disciplinary practice committees.

COMPETENCIES FOR NEGOTIATION AND COLLECTIVE


BARGAINING

1. Identify mandatory, voluntary, and illegal collective bargaining issues and common economic
and non-economic reasons behind bargaining.

2. Describe how managers should prepare for collective bargaining, choose a negotiation team,
and select a bargaining strategy.

3. Differentiate between mediation and arbitration and explain how they may affect negotiations.

4. Describe the role of strikes in collective bargaining, define various types of strikes, and outline
possible management responses to strikes.

5. Identify major sources of grievances, describe typical grievance procedures, and outline how
to prevent grievances in union properties.
6. Explain how non-union properties can address grievance procedures.

FACTORS FOR THE SUCCESS OF COLLECTIVE BARGAINIG

 Economic environment factors.

 Psychological factors and structure of power relation.

 Nature and character of the product market.

 Nature of the labour market.

 Capital requirement and cost conditions.

 State of business conditions.

 Types of business conditions.

 Types of industrial relationship.

CONDITIONS ESSENTIAL FOR SUCCESSFUL COLLECTIVE


BARGAINING

There are some conditions which are essential for the success of collective bargaining

1. A favorable political climate is helpful in success of collective bargaining.


2. Freedom of association is helpful.
3. Recognition of unions is must.
4. Willingness to give and take will be there.
5. There should be fair labour practices.
6. Problem solving attitude of management will helpful.
7. Continuous dialogue of both employer and employees is essential.
8. Availability of data, facts and figures concerning rates of pay, fringe technological
changes etc. provide a rational basis for negotiations.

REASON FOR FAILURE OF NEGOTIATIONS

 Unwillingness
 Changing position

 Delaying tactics

 Withdrawal of concessions

 Unilateral actions

 Refusal

ADVANTAGES OF COLLECTIVE BARGAINING

 It is flexible & mobile and not fixed or static.


 It has fluidity or ample scope for compromise
 It is a process not competitive.
 It helps in achieving better planning.
 It allows smooth functioning of organization.
 It retents the employee in organization.
 It encourages less strike.
 It helps in managing conflicts.
 Redresses the imbalance of power by airing grievances in an orderly negotiating factor.

 Equalization of power between administrators and staff associates can be obtained.
 Grievance reporting procedures become possible.
 Staffing for systematic and equitable distribution of work can be established.
 Professionalism can be promoted.
 Nurses gain control of practice.
 It provides nurses them to have a voice regarding professional issues of staffing and
working practice as well as wages, and working conditions.
 Promotes nurses democracy and their participation in management.
 Emphasizes on the interests and benefits of both parties.
 Eliminates unnecessary expenditure and avoids bitterness among nurses and their
employers.
DISADVANTAGES OF COLLECTIVE BARGAINING

 The collective bargaining may not be fair at all times

 The decision is often influenced by power and politics

 The immediate of collective bargaining if not fulfilled is strike or lock-out.

 Adversary relationship may develop between administration and staff association.

 Strikes may not be prevented.

 Unions can interfere with the management of the organization.

 Unionizations considered unprofessional by many nurses.

 Leadership for unions may be difficult to obtain because many professional nurses have

little experience in positions of authority.

COLLECTIVE BARGAINING IN NURSING

WHY NURSES JOIN UNIONS:

 To increase the power of the individual


 To increase output into organizational decision making
 To eliminate discrimination and favoritism
 To be socially accepted
 To be one with the employees
 To improve patient outcomes and quality.

WHY NURSES DO NOT JOIN UNIONS:

 They need to demonstrate individualism and promote social status


 They believe that professionals should not unionize
 They identify with the managements viewpoints
 They fear employer reprisal
 They fear a loss of income if there is a strike or walkout
ROLE OF TNAI IN BARGAINING AND POLICIES FOR
STRIKE

According to Trained Nurses Association of India, the association cannot legally


appointed as a negotiating at a local, state or national level. It is also well documented that the
nurses formed the service association in various States and in many places they also joined
paramedical workers, and even fourth class employees unions, where they lose their professional
standing. Keeping in mind the necessity to better conditions for nurses and to maintain the
dignity and standard of the nursing profession the association framed following regulations:

 To approach Union/State Governments and other employing agencies to from Grievances


Committees solve all local problems, personal or professional, wherever possible.
 To have a state level committee with a TNAI representative to act as arbitrator incases
referred to by the local Committee.
 To encourage and assist State Government Nurses Service Associations in recognizing
negotiating bodies by the employers.
 The association would extend cooperation and create opportunities for joint activities and
action under terms and conditions, where the State Government Nurses organizations
already exist.
 The TNAI members will not support any strike controlled or voted by any union or
organization which includes employees other than nurses.
 The TNAI members may support a strike action where the welfare of the members of the
profession as a whole or the improvement of nursing services to the community and the
State Nurses Association and State Branch, TNAI agrees under the following conditions:
 The grievances if exist, be thoroughly investigated by the Government Nurses
Association and send a report to the local or State TNAI executive.
 The association will legally approach the authority for correcting situation.
 If no action is taken by the authorities despite all efforts, the members of the
Government
 A strike notice should be given at least two months before the date of strike.
During this period, the efforts should made to pursue the authorities and the public
should informed through the media about the grievances of the nurses; the
consequences on the care of patients and the public; the efforts already made;
assuring the public to provide nursing care for all seriously ill patients and
emergency cases during the strike; and asking for support from the press and
public.

CONCLUSION
The nursing personnel and managers are the ones responsible for the problem. The lack
of leadership skills is one major factor. In order to solve the problems, focus should be given to
the nursing leaders and managers. Leadership training programmes should be offered and
nursing managers and leaders should require attending. These managers and leaders in turn
should perform their responsibilities of teaching and guiding the rest of the staff in promoting a
health work environment.
CONFLICT MANAGEMENT

INTRODUCTION

Organizational conflict often results when there is disagreement between two or more
individuals in an organization. Organizational conflict is a term referring to conflict within an
organization. Conflict is opposition or disagreement between individuals or entities.

DEFINITIONS OF ORGANIZATIONAL CONFLICT

Early definitions of conflict had focused on a wide variety of different phenomena (Mack
and Snyder, 1957; Fink, 1968). Pondy (1967) had sorted these definitions into several categories:
antecedent conditions, emotions, perceptions and behaviors.

Conflict may be defined as a struggle or contest between people with opposing needs,
ideas, beliefs, values, or goals. Conflict might escalate and lead to nonproductive results, or
conflict can be beneficially resolved and lead to quality final products.

“A process that begins when one party perceives that another party has negatively
affected, or is about to negatively affects something the first party cares about”

Conflict is described as a social situation where two parties struggle with one another due
to incompatibilities in perspectives, beliefs, goals, or values; this struggle impedes the
achievement of predetermined goals or objectives.

Stevahn Land King J, 2005


Organizational conflict is 'the discord that arises when the goals, interests or values of
different individuals or groups are incompatible and those individuals or groups block or thwart
one another's attempts to achieve their objective.

Gareth R. Jones and Jennifer M. George

NATURE OF ORGANIZATIONAL CONFLICT

Organizational conflict can be positive or negative. Positive conflict allows organization


to improve or streamline their operations to overcome a lack of resources. Negative conflict can
result in a disruption of business operations and a loss of profit. Constant conflict in an
organization can create a difficult work environment for employees. Dysfunctional conflict leads
to a decrease in productivity, while functional conflict encourages productivity and performance.
If conflict is managed appropriately, it can be a positive force.

Conflict is neither good, nor bad, it just is! (Marshall, 2006). It can occur at any time and
in any place, originating between two individuals or groups when there is a disagreement or
difference in their values, attitudes, needs, or expectations (Conerly, 2004). Organizational
conflict can be caused by poor communication among healthcare providers.

It is generally agreed that conflicts are inevitable and need to be managed to avoid
negative impacts on the individual or organization. When characterized by a process of
cooperation and joint resolution, conflict can create a diverse environment that fosters growth
and improves relationships.

ORGANIZATIONAL CONFLICT PROCESS

PONDY'S MODEL (1967) OF CONFLICT DEVELOPMENT

Pondy's model of organizational conflict highlights five main steps of conflict progression. These
are:
1. Latent conflict; or the existence of an underlying source of conflict

2. Perceived conflict; or the recognition of this conflict by one or more parties

3. Felt conflict; or the personalization of the conflict

4. Manifest conflict where one or more parties engage in covert or overt behaviour to
bring about the conflict

5. Conflict aftermath where the issues are dealt with satisfactorily and the issue resolves.

Stage 1: Latent Conflict

During this stage no conflict is present, but the potential for conflict exists due to several
sources. These are five sources or conditions that provide potential for conflict: interdependence,
difference in goals and priorities, Bureaucratic factors, Incompatible performance criteria,
Competition for scarce resources.

Interdependence:

As organizations grow and differentiate, subunits want autonomy. Desires for autonomy
conflict with the organizations aspirations for cooperation. As task interdependence increases the
potential for conflict increases. Conflict occurs at the individual, functional, and divisional
levels. If functions were not interdependent, conflict would not exist.

Differences in goals and priorities:

These exist among different functions that have different goals and priorities the goals
and priorities the goals and priorities if not match, create conflicts among functional
departments.

Bureaucratic factors

Line functions often clash with staff functions. Conflict arises when line employees
consider themselves more important than staff employees, putting their own interests first.

Incompatible performance criteria


These of criteria for subunits lead to conflict. The expected criteria do not match in the
active performance criteria.

Competition for scarce resource

It leads to conflict. Increased funding allows a division to grow but due to scance
resources, there is difficulty in achieving goals this arising conflicts.

Stage 2: Perceived Conflict

One or more unit/parties aware of conflict and begin to analyze it. When a unit perceives
its goals to be obstructed, conflict enters the second stage. Each group seeks the source of the
conflict and finds reasons for problems.

Stage 3: Felt Conflict

Units respond emotionally to each other, and attitudes polarize into 'us-versus-them'.
Anger, frustration, hostility prevails with each other. In this stage cooperation between units
decrease and small problem escalates into huge conflict. Thus the organizational effectiveness
declines.

Stage 4: Manifest Conflict

Units try to get back at each other. There is fighting and open aggression as well passive
aggression. There is exhibition of adversarial behavior. That is apathy, rigid rules adherence,
violence and that leads to organizational ineffectiveness. Managers should prevent conflict from
reaching the manifest stage to avoid a communication breakdown and a poor conflict aftermath.

Stage 5: Conflict Aftermath

Conflict is resolved in some way. If sources of conflict are not removed, the dispute will
arise again. If resolved before the manifest stage, conflict will result in a positive aftermath. If
conflict resolution takes a long time or doesn't occur, future relationships and the organizational
culture will be damaged.
STEPHEN P ROBBINS MODEL

Stephen P Robbins describes five stages of conflict, starting with the potential opposition
and ending with the outcome.

Emergence

During this stage, the conditions for conflict arise and a potential conflict becomes one.
This is divided into two sequential stages. If one party is negatively affected by these conditions
enough to respond to them, the conflict actualizes into 'cognition and personalization' stage.

Escalation

During this stage the parties involved begin exhibiting behaviors in direct opposition to
the opponent's perceived intentions, such as competitive statements and avoidance tactics. At this
point, a conflict can become 'institutionalized' if the parties continue to view each other as
adversaries and perpetuate their perceptions of the other person's identity based on that person's
position in the conflict.

Crisis

At a certain point in a conflict, the adversaries become so polarized in their opposition


that neither party wants to concede even though neither is poised to win the conflict. This crisis
or emergency stage may be reached after strategies for domination have failed, support has fled,
resources have dissolved or the cost of perpetuating the conflict has become too great. Often this
is when a stalemate occurs.

Negotiation

Once both parties in a conflict recognize their emotional intensity and attachments soften
and their willingness grows to hear the other party out. At this point, the situation reaches the 'de-
escalation' stage and the possibility for some sort of settlement emerges. Strategies such as
compromise and bargaining take place in this stage.

Resolution or Outcome Stage

During this stage outcomes may be either functional or dysfunctional.

THE PROCESS MODEL OF CONFLICT

A process model of conflict developed by Cadotte and Stern (1979) describes five critical
elements of conflict: conflict potential, dependence (and its inversely related condition of
power), conflict perception, resultant force, and conflict aftermath. The process aspect of any
system is the temporal sequence of events which occur as the system operates, e.g. the mental
and behavioral activities of the conflicting parties.

Conflict Potential

Conflict potential is the extent that the actions of one party are likely to (or perceived to)
hinder goal attainment of the other.

Dependence (or power)

The level of dependence of one party with another is determined by the value of the
inputs invested in the relationship. The level of power is inversely related to the level of
dependence between the parties.

Conflict Perception

Conflict perception is one party's judgment of whether or not the other party is interfering
with attainment of its goals. The conflict exits if there is an actual disagreement or dispute.

Resultant Force
Resultant force is the pressure that one party uses to persuade the other to change its
goals, objectives, and perceptions of reality in order to meet its own desires. It may be either
coercive or non-coercive. Coercive pressure frequently causes more disruption in the relationship
than does non-coercive pressure.

Conflict Aftermath

It is the outcome of the conflict resolution and directs future interactions between the
organizations. This model also incorporates a feedback mechanism by which future conflict
episodes are flavored or influenced by previous conflict resolution results.

STRUCTURAL MODEL

The structural aspects of a system are the broader system 'parameters'. For example,
norms, incentive structures and standardized procedures are some of a social system's structural
features which its conflict process. The structural model identified four different classes of
variables:

 Behavioral predispositions viewed as response hierarchies or habits


 Social pressures or normative forces on the conflict parties
 Incentive structures
 Rules and procedures, or constraints upon the interaction process, such as decision rules,
negotiating procedures.

TYPES OF ORGANIZATIONAL CONFLICT

There are four types of organizational conflict: interpersonal conflict, intra group conflict,
intergroup conflict and inter organizational conflict.

Interpersonal Conflict

It is the conflict between individuals of the organization.

Intra group Conflict


Intra-group conflict is the conflict within an internal group, team or department. These
are conflicts that typically involve more than one person within a group.

Intergroup Conflict

Intergroup conflict is the conflict between different groups, teams and departments.

Inter organizational Conflict

Inter-organizational conflict is the conflict that arises across different organizations.


When different organizations are competing against one another. This is an example of inter
organizational conflict.

FORMS OF ORGANIZATIONAL CONFLICT

Three forms of conflict predominantly studied in organizations

Cognitive, task-related Conflicts or Substantive Conflict

These types of conflicts on the content and the goals of the work, and process conflicts
focused on how tasks would be accomplished.

Affective Conflict or Relationship focused Conflicts

Relationship conflicts focused on interpersonal relationships.

Process Conflict

This type of conflict appears to have a direct negative relationship with group
performance: Low levels of process conflict are positively related to performance, while higher
levels are increasingly detrimental to group performance. Process conflicts could be solved
easily by consulting a procedure manual or a group supervisor.

DIMENSIONS OF CONFLICT
The dimensions of organizational conflicts are negative emotionality, importance,
acceptability, and resolution potential. Each of these dimensions applies to all types of conflict.

Negative Emotionality

The dimension of emotionality refers to the amount of negative affect exhibited and felt
during the conflict. It is associated with poor group performance and low member satisfaction.
Emotion includes anger, which includes anger, frustration, uneasiness, discomfort, tenseness,
resentment, annoyance, irritation, fury, rage.

Importance

Other predictors of group performance, beyond the frequency or number of times conflict
episodes occur within groups, are the size or scope of a conflict and its duration. It enhanced
conflict's effects. If the issue is of great importance, it is vital to the life and success of the group.
The importance of the conflict enhanced its effects on performance, whether the effects were
positive or negative.

Acceptability

The acceptability dimension refers to group norms about conflict and communication.
Group norms are standards that guide group members' behavior. Acceptability norms increased
both the positive effect of constructive conflict and the negative effect of destructive conflict on
group performance and member satisfaction.

Resolution Potential

Resolution potential refers to the degree to which the conflict appears possible to resolve.
It positively influences the constructive effects of conflict on performance and satisfaction and
decrease the negative effect. The main determinants of whether a member perceive a conflict as
resolvable include characteristics of the members (e.g., past experience, personalities), group
structure (e.g., interdependence, leader involvement), and dimensions of conflict (importance,
emotionality, acceptability).

Group Communication Norms


These may also influence the effect of conflict. Groups with open and direct expressions
of conflict would be less likely to experience explosive conflict but at times can increase the
amount of negative and positive conflict within groups.

The Size or Scope of the Conflict Issue

Conflicts are perceived as more serious when they involve larger numbers of people,
more events, or greater influence over future interactions.

IMPACT OF DIFFERENT TYPES OF CONFLICT

Impact of Task Focused Conflict: Positive Effect

Task-focused conflicts have different effects on group and organizational outcomes:

 Task conflict can improve decision-making outcomes and group productivity by


increasing decision quality.
 Groups use members capabilities and prior knowledge better
 Moderate levels of task conflict are constructive, since they stimulate discussion of ideas
that help groups perform better
 Groups with an absence of task conflict may miss new ways to enhance their
performance, while very high levels of task conflict may interfere with task completion.

Impact of Relationship Conflict: Negative Effect

There is a negative association between relationship conflict, productivity, and


satisfaction in groups:

 Relationship conflicts interfere with task-related effort because members focus on


reducing threats, increasing power, and attempting to build cohesion rather than working
on the task.
 It decreases goodwill and mutual understanding, which hinders the completion of
organizational tasks.
 Time is often spent on interpersonal aspects of the group rather than on technical and
decision-making tasks.
 The conflict causes members to be negative, irritable, suspicious, and resentful.

ELEMENTS OF CONFLICT

The conflict due to following reasons so called elements:

 A substantive message.
 Interpersonal exchange relaying information about the relationship.
 Emotions, feelings such as jealousy, hatred, anger, and frustration.
 Stress and threat, which increase emotional responses and negative arousal.

ORIGIN OF CONFLICT IN HEALTH CARE SETTINGS

There are a number of characteristics unique to healthcare that helps to generate conflict:

 Due to complex adaptive system (CAS) of health care system, conflict usually occurs at
multiple levels at the same time.
 The healthcare system involves the wide disparity of knowledge, and control experienced
by the various disciplines. While most conflicts involve some disparity between
disciplines.
 The ethnic diversity of both consumers and providers of healthcare services.
 Healthcare involves people interacting with other people involves issues about personal
or religious values.

PREVENTION OF CONFLICT AT INDIVIDUAL LEVEL

Get Education and Training in Conflict and Conflict Management

Conflict resolution education and skills training should be part of all health care
professional programs and all health care facilities continuing education programs. Training
should include an overview of basic conflict principles and approaches, as well as practical skills
training in negotiation, mediation and facilitation. In addition, there are numerous publications
on conflict resolution skills and techniques that are easily accessible.

Improve Communication Skills

Seek first to understand, then to be understood. Active listening is the process whereby
we 'actively' work at hearing and understanding what the other person is saying. The listener
must take care to attend to the speaker fully, and then repeat, or reframe what he or she thinks the
speaker has said. In this way you ensure that you have fully understood the message the Other
person is trying to convey before you attempt to make the point you want to make.

Recognize that Men and Women have different Communications Styles and
Responses to Conflict

In the area of conflict resolution particularly, recent research has indicated that women do
not adopt the traditional 'flight or fight' response to stressful situations that we have been led to
believe is a universal response. Instead, women are more likely to 'Tend and Befriend.' Since the
vast majority of nurses are women it is helpful to understand how our biology may affect our
response to others.

Adopt an AVID Approach to Others

In order to deal with the stress of everyday life, the following simple method of thinking
about others and situations may help to stay focused and positive in interactions with others.

A: Assume the positive about others and their behavior. Assume that they are reasonable and are
not trying to cause you grief or pain. Assume that if someone is difficult to deal with, that they
have something problematic going on in their life. Assume it is about them and not about you.
V: If you cannot assume the positive as in above, then you must validate the situation. Talk to
the individual and find out what is going on with them. Validate your negative assumptions
about the other person by talking directly to them.

1: If you are unable to assume the positive, and you are unable (or unwilling) to validate the
situation by talking to the individual, you must Ignore it and let it go.

D: If you cannot think positively, if you can't or won't validate, and if you can no longer ignore,
you must do something. Otherwise the stress of these unresolved situations will build up and
inevitably be detrimental to your health and the health of those around you.

 Debrief the situation with a trusted friend and get their advice.
 Discuss the situation and your response with a therapist.
 Drink something healthy and calming, herbal tea may be a good choice.
 Do introduce relaxing activities and techniques into your lifestyle. Try walking, hiking,
canoeing, yoga or other activities that are non competitive.
 Do consider meditation as a way to become more self aware and positively focused.

Behavioral Approach

There are seven steps to prevent conflict:

1. Be proactive instead of reactive.


2. Be slow to anger especially over petty issues.
3. Instead of telling people they are wrong, point out mistakes indirectly.
4. Look for some type of common ground as soon as possible.
5. If you find that you are in the wrong, admit it.
6. Admit one of your own poor decisions before pointing out a similar error by others.
7. Mend fences whenever possible.

CONCLUSION
As long as organizations continue to use work teams, conflict cannot be avoided since it
is an inevitable aspect of work teams. Conflict is an outcome of behaviors. It is an integral part of
human life. Whenever there is interaction there is conflict. Conflict means expression of
hostility, negative attitudes, antagonism, aggression, rivalry, and misunderstanding. It is also
associated with situations that involve contradictory interest between two opposing groups. It can
be defined as a disagreement between two or more individuals or groups with each individual or
group trying to gain acceptance of its view over others.

RESEARCH STUDIES
Pittman J. Registered nurse job satisfaction and collective bargaining unit membership
status. Journal of Nursing Administration. 2007 Oct 1;37(10):471-6.

ABSTRACT

Objective: 

To examine differences in job satisfaction levels between registered nurses who were or
were not members of a nursing collective bargaining unit.

Background: 

The nursing shortage could lead to decreased quality of patient care, heavier workloads,
and mandatory overtime, resulting in decreased job satisfaction and increased intent to leave.
Nursing collective bargaining units use contracts to help decrease patient workload, decrease and
eliminate mandatory overtime, increase pay and benefits, and increase job security. Exploring
differences in job satisfaction between nurses who are and are not members of collective
bargaining units is pertinent to understanding the retention and recruitment of nurses.

Methods: 

A descriptive secondary analysis using a survey database from the Minnesota Department
of Health. The survey, which included a job satisfaction section largely based on the Index of
Work Satisfaction, was sent in 2002 to 3,645 registered nurses in Minnesota.
Results: 

Members of collective bargaining units had higher satisfaction with wages. Nonmembers
had higher satisfaction with nursing supervision, patient care, work setting, professional
relationships, and overall job satisfaction.

Karadakal NV, Goud N, Thomas P. Impact of leadership role perspective on conflict


resolution styles-a study on small and medium sized entrepreneurs of Karnataka State in
India. Journal of Global Entrepreneurship Research. 2015 Dec;5(1):4.

ABSTRACT

Perceptual studies are important because of the influence of perception on individual


behavior. The behavior of an individual is known to be influenced by activation of traits like
stereotypes; behavior of leaders and entrepreneurs is no exception. The leadership role
perspectives of entrepreneurs play an important role in the behavior of entrepreneurs as leaders
of organizations. One of the important behavioral indicators of entrepreneurs is their conflict
resolution styles. There is hardly any empirical research that focuses on Leadership role
perspective and conflict resolution styles of an entrepreneur. The present study attempts to bridge
this research gap by focusing on the relationship between two leadership role perspectives
(Benevolent and Benevolent-Authoritative leadership role perspective) and conflict resolution
styles (Cooperative, Competitive and Avoiding Style) of entrepreneurs who are steering small
and medium enterprises (SMEs). For the study, data is collected through a self-administered
online questionnaire from 238 SME entrepreneurs of Karnataka, who were selected by
convenience judgmental sampling method. Descriptive statistics, Confirmatory Factor Analysis
and Structural Equation Modeling were used for analyzing the data. Leadership role perspectives
and conflict resolution styles were extracted using factor analysis and thereafter, tested for
reliability and validity. The results indicate that the role perception of leaders has an impact on
their conflict resolution styles. The study is relevant today because entrepreneurs’/leaders’
conflict resolution style is a major concern in SMEs due to its importance in problem-solving as
well as motivating and retaining employees.
Owoseni oo. Collective bargaining as a veritable tool for resolving conflicts in
organizations.

ABSTRACT

This study investigated the role of collective bargaining in resolving conflicts in


organizations with a view to solving the current phenomena of conflicts being experienced in
organizations and making them more effective, efficient and conducive for the development of
the organization. The purposes of this study also ascertain the relevance of collective bargaining
as an alternative approach to conflict resolution among industrial workers in an organization.
Participants were selected purposively from the members of the organization. 310 subjects were
used for the study which includes 185 males and 125 females, with the mean age of 33.06 and a
standard deviation of 7.19. Three hypotheses were tested and the findings of the study revealed
that neither the male nor female exhibited more conflict resolution than the other (crit-t= 1.96,
Cal.t = 0.39, df=308, P> .05) Besides, the findings of the study also revealed that there was a
significant difference between collective bargaining conflict resolution. (Crit-t = 1.96, Cal, t=
24.383, df = 309, P <0.5). Based on the findings of the study, it was recommended that collective
bargaining should be allowed in all establishments in order to forestall industrial conflict and
enhance peace and harmony.
BIBLIOGRAPHY

 Vati J. Principles and practice of nursing management and administration. New Delhi:
Jaypee brothers medical publishers ( P) Ltd; 2013.
 Basavanthappa B T. Nursing Administration. 4th edition. New Delhi: brothers medical
publishers (P) Ltd; 2013.

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