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Collective Bargaining
Important Link
https://www.youtube.com/watch?v=-
ZbjRAZQRe4 TEN News iUpdate: Industrial dispute
chaos
https://www.youtube.com/watch?v=LdWsOHBiIyY -
What is the difference between mediation, conciliation
and arbitration?
Learning Objectives
Objectives and Characteristics of
Industrial Disputes
Causes and Types of Industrial Disputes
Methods of Disputes Settlement
Features and Procedures of Collective
Bargaining
Effective Collective Bargaining
Industrial Disputes
A Industrial dispute is basically a
difference of opinion between the
employer and the employees
over one or more issues.
Industrial dispute is a collective
dispute between employer and
employees.
Characteristics of Industrial Disputes
The relationship existing between the parties to
the industrial dispute must be that of employer
and employee or co-workers.
The dispute may arise out of disagreements
between employers and employees over the
terms of employment.
It could also be connected to the conditions of
labour.
The industrial dispute may even relate to non-
employment causes of workmen.
Causes of Industrial Disputes
Demand for pay and benefits hike
Demand for hygienic and safer working conditions
Demand for better labour welfare and social security
measures
Demand for recognition and appreciation
The industrial dispute may even relate to non-employment
causes of workmen
Demand for justice to an individual or a group of
employees
One-upmanship among the unions.
External interference
Numerous labour legislations
Types of Industrial Disputes
Interest Disputes - These refer to the
disputes relating to the economic interest of
the employees.
Rights Disputes - These involve disputes
over the understanding, interpretation, and
application of the rules and regulations
which protect the rights of the employees.
Outcomes of Industrial Disputes
Picketing
Gherao
Lock-out
Strike
A cessation of work by a body of persons
employed in any industry acting in
combination or a concerted refusal, or a
refusal under a common understanding, of
any number of persons who are or have been
so employed to continue to work or to accept
employment .
-Industrial disputes act, 1947
Types of Strike
General Strike
Pen-down
Wild-cat strike
Hunger Strike
Sympathy Strike
General Strike
It normally refers to a large-scale strike
organized by the employees belonging to
an industry, a region or an entire country.
Since these strikes are organized on a
mass basis, they create a huge impact
and often put a lot of pressure on the
employers.
General strikes are normally not intended
against any individual employer.
Pen-down, tools-down and sit-in strikes
Collective Bargaining
Arbitration
Adjudication
Investigation and settlement of disputes
Negotiation
Negotiation is a first attempt to resolve an
industrial dispute.
Disputes arising out of inter-personal, inter-
group problems can be solved through direct
negotiation between the employer and the
union.
As part of a negotiation-based dispute
settlement, organizations can refer disputes
involving individuals to grievance procedures
established in organizations in compliance with
the Industrial disputes act, 1947.
Collective Bargaining
It is a forum for reaching an agreement
between the employer and the union after
negotiations and bargaining.
Collective bargaining provides for resolution
of disputes through compromises or
concessions made by both the parties.
The power equation between the employer
and the union is critical in collective
bargaining from the beginning to the end of
dispute deliberation.
Conciliation and Mediation
Conciliation can be defined as a procedure to
achieve friendly settlement with the assistance of an
independent third party.
Conciliation means different forms of mediation
through which disputes can be settled without
arbitration.
The purpose of the conciliation process is to remove
the hostility and mutual distrust in the relationship
between employer and employees.
Conciliation normally involves a third party who acts
as a mediator and plays a key role in persuading the
employer and the employees to reach a voluntary
settlement and execution.
Arbitration
Arbitration is a mechanism for settlement of
a dispute by a third party.
Arbitration can be classified as compulsory
and voluntary.
In case of compulsory arbitration, the dispute
is referred for arbitration even without the
consent of the parties to the dispute.
In case of voluntary arbitration, the parties to
the dispute voluntarily submit their dispute
for arbitration on the basis of their common
understanding.
Adjudication
Adjudication is a court-based decision-making
process that involves a third party and the
judgements are binding on the parties.
Adjudication is usually a highly formal and
time-consuming process.
It is normally an involuntary and adversarial
process.
Adjudication (contd.)
Interactive mode
Continuous process
Adversarial strategy
Union-based initiative
Types of bargaining
Integrative bargaining
Centralized bargaining
Decentralized bargaining
Distributive bargaining