2 Collective Bargaining The uniting of employees for the purpose of increasing their ability to influence their employer and to improve working conditionsBased on the principle that there is greater strength in large numbersPrimary goal is to equalize the power between labor & managementPrimary unit is the union
3 Image of Unions More$$$ Unions were formed to protect workers from exploitation by greedy & insensitive employersImage was tarnished due to violence during strikesMany HCPs regard this activity as unprofessionalTend to automatically reject the idea of union membershipOn StrikeUnfair
4 Legislative Development of Collective Bargaining The National Labor Relations ActBargaining Units for Hospitals
5 Goals of Collective Bargaining Equalize power between management & employeesBalance salary inequitiesProtect the employee against arbitrary treatment & unfair labor practicesMaintain & promote professional practiceImprove benefits & working conditions (e.g., No. of hours per week, staffing ratios)
6 Interest-based Bargaining Also called mutual gains, win-win, and best- practice bargainingEliminates some of the conflict of traditional collective bargainingBased on the belief that the way to achieve a mutually beneficial contract is to create an environment in which all parties can openly discuss all issues to the fullest extent
7 Interest-based Bargaining Highly structured six-step processSelection of issuesDiscussion of interestsGeneration of optionsEstablishment of standards to measure the optionsMeasurement of the optionsDevelopment of solutions
8 HCPs’ Questions About Collective Bargaining Is it unprofessional?Is it unethical?Is it divisive?Closed shop or open shop?Is there a threat to job security?
9 Negotiating the Contract The contract is a legal document that is binding for both management & the unionContracts can be very specific and include just a few items or very broad and include manyContracts often contain requirements for union membership by the employees and set the cost of dues for that membership.
10 Negotiating the Contract RepresentationNegotiating teams are selected by both management & employee groupsPower & benefitsGenerally, management is reluctant to give up power or relinquish moneyGood-faith bargainingLaw requires that each side must agree to meet at reasonable times, send individuals to the negotiations who can make binding decisions, and be willing to bargain with the other side
11 Negotiating the Contract MediationStalemate: failure to reach a settlementMediation uses a neutral third party provided by the Federal Mediation & Conciliation ServiceThe mediator meets with each sideMediator brings the two sides together to attempt to work out a settlementBoth sides must work with the mediatorThey are not required to accept the mediator’s recommendations
12 Negotiating the Contract Binding arbitrationAn arbitrator with binding power may be appointedThe arbitrator investigates the conflict, meets with both sides, and makes a recommendation for settlementThe arbitrator’s recommendation must be accepted by both sidesBoth labor & management try to avoid binding arbitration because it limits their negotiating powers and they may lose something gained during previous negotiations
13 Negotiating the Contract Threat of a strikeWhen all else fails, the final step in the contract negotiation process is work slowdowns or work stoppages (strikes)Strikes are usually used by employees to gain powerManagement can use a form of enforced strike called a lockout, whereby employees are not permitted to enter the work facility
14 Threat of a StrikeThe threat of a strike is usually accompanied by more intense negotiations that may lead to a last- minute settlementStrikes are detrimental to both sidesAlternative methods without a strikeDisruption of services on a random basisBoycott of an organization
15 Ratifying the Contract After a settlement has been reached, the contract must be ratifiedThe collective bargaining unit takes the contract back to the employees, who must approve it by voteOnce it is approved by a majority of the employees, the contract becomes legally binding for both management and employees
16 Collective Bargaining Concerns RepresentationUnions vs State EMTs AssociationParamedic supervisors: employees or management?In Civil defense as a military enterprise???