Page 218 - DMGT516_LABOUR_LEGISLATIONS

Unit 8: Collective Bargaining

The union demands should be analysed and classified into three categories, demands which Notes
may possibly be met; demands which may be rejected, and demands which call for hard
bargaining. There is no harden and fast rule which determines which demands should first be
discussed. Some negotiations tackle the hard ones first; others prefer the easier ones. Prof.
Leonad Smith observes in this connection: "The negotiations must consider the entire agreement
whenever they are discussing any one clause. Although it is advisable to bargain on one main
issue at a time, no decision should be reached or agreed upon until the other main issues have
been properly discussed. Either party may find itself burdened with an in satisfactory clause
unless the effect of each point to be agreed upon are weighted in relation to all the other clauses
and the possible effects on other agreements to be negotiated in the plant, the company or the
industry”.
Arnold Campo suggests that the following procedure should be adopted in negotiation.

For Union and Management

(1) Be friendly in negotiation, introduce everybody. Relieve the existing tension.
(2) Be willing to listen. There would be time enough for you to worry about things and say
"No", after you have heard all the facts.
(3) Give everyone an opportunity to state his position and point of view. In this way, you will
uncover the person who is really insistent about a particular problem or grievance, and
know how to deal with him.
(4) Know something about the personal history of the other parties representatives.
(5) Always bear in mind the fact that you have to do what is right and fair.

(6) Both parties should strive in maintain an objective approach to a problem or grievance.
They should think rather than feel their way through a problem.
(7) Don't attempt to guide the discussion along a straight line which goes straight to the
solution of the problems. Let it wander at times; don't hurry it.
(8) Don't let the negotiation reach the stage of a stalemate. Help to define the problem and
suggest a solution. Unilateral are out of place at the negotiation table.
(9) If facts disclosed that there is a need for doing more than just solving the immediate
problem, go as far as justified in the circumstances.

(10) Define each issue clearly and unambiguously, and discuss it in the light of all the available
facts.
(11) Avoid the insertion of specific regulations or details in the contract to ensure greater
flexibility.
(12) Search for the correct solution at all times.
(13) Keep the membership of the conference as small as possible. Small groups facilitate
successful negotiations.
(14) Avoid sharp practices.
(15) The length of a session should be determined by the fatigue, physical or mental, it generates
among the members at the conference table.
(16) Have a committee of employees present during the negotiations, for it would be highly
advantageous and would be very practical, particularly, if the bargaining unit is a single
establishment.

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