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Labour Legislations




                    Notes          from contracts in force  elsewhere in the country,  from pronouncements of employers, from
                                   public surveys and from studies and reports brought out by employers' associations.
                                   The  personnel  department  sets  the objective  which  are  proposed  to  be  achieved through
                                   negotiation and which have to be necessarily related to anticipated trade union demands. Before,
                                   however, negotiations commence, the top management's approval must be obtained on:

                                   (1)  The specific proposals of the company, including the objectives of the negotiations;
                                   (2)  An appraisal of the cost of implementing the proposals if they are accepted by the two
                                       parties; and

                                   (3)  An approval in principle of the demands of the trade union over which bargaining has to
                                       be made, the  demands which are acceptable to the company and the demands which
                                       cannot be accepted by it.
                                   8.7.2 Principles of Negotiation


                                   An interesting statement of principles and policies to be  followed in  negotiation has been
                                   provided  by  Arnold F.  Campo.  He  describes some  rules for  guidance  of  both  union  and
                                   management, as follows:
                                   (1)  Be friendly in negotiation, introduce everybody.
                                   (2)  Be willing to listen.

                                   (3)  Give every one an opportunity to state his position.
                                   (4)  Always keep in mind the right and fair thing to do.
                                   (5)  Don't try to guide the discussion along a straight line directed to solving problems.
                                   (6)  Define each issue clearly and discussing in the light of all available facts.
                                   (7)  At all times search only for correct and real solution.

                                   (8)  Avoid short precise.
                                   (9)  Consideration should be given to fatigue and mental attitude in determining the length of
                                       session.

                                   (10)  Both parties should respect the rights of public at all times.

                                   8.7.3 Procedure and Tactics of Negotiation

                                   The Negotiations may be undertaken by a representative of each party of by a committee or by
                                   line or  staff personnel.  The negotiation committee may  be composed  of from  three to four
                                   members.  As far as possible,  a committee  should be  small, for  "large  committees  become
                                   disorderly; and they are more inclined to concentrate on a discussion of industrial grievances or
                                   problems of interest  to one  group rather  than to  the union  as a  whole". The  management
                                   committee, which has a chief spokesman or principal negotiator, works as a team; the committee
                                   plans the negotiations, while the chief negotiator evolves a strategy of action and of the tactics
                                   to be adopted during the negotiations.
                                   Generally speaking, negotiations are best done if both the parties do their homework well; that
                                   is, they should come to the  bargaining table  equipped with adequate information, as also a
                                   willingness to make a quid pro quo approach.







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