Professional Documents
Culture Documents
“Collective bargaining is a discussion between the workers and employers over matters of
mutual interest.”
“Collective bargaining is the process by which representatives of a company and of its
employees discuss and negotiate various phases of their relationship with a view to arrive at a
mutually acceptable labor agreement.”
“Collective bargaining is a means of determining wages, hour and other conditions of
employment for all workers in the bargaining unit by negotiation between the employer and
representatives of the employees who are invariably officials of the registered trade union with
a view to concluding an agreement. This agreement normally takes form of written document,
which is termed as collective agreement.”
Process of collective bargaining:
1. To workout how much the demand will cost the company including the hidden cost
2. Analyze the company’s financial position
3. Analyze the cost of living index
4. Collect data from similar companies regarding the same issue
5. Rate of inflation in the country
6. Future trends of the company growth
7. Present manpower cost of the company
8. Decide how much to offer
The selection of negotiators:
1. CEO will not be included in the bargaining team as he may be forced to give any instant
decision
2. The team should include a. Industrial relations manager, b. Finance manager, and c. head
of the production department.
3. Authority should be given to the team without any ambiguity but with flexible mandate
Strategy of bargaining:
1. ‘Give n take’ is the first lesson to follow and then to balance the power of both sides
2. To prepare a counter proposal with a view to improve existing rates and conditions
3. Give positive listening to the union demand but strict to discuss the management and
don’t dilute its important in the whole process.
4. Management team should not be afraid of strike although this is the most potent weapon
of the bargaining team
5. The management should keep their eyes on the entire package
6. Establish the leadership by taking command of the meeting and gaining a seat at the
head of the table
7. Make all offers specific and avoid generalization in discussing terms.
Tactics and techniques of bargaining:
Formal
Should have confidence about the success and not to loose temper
Emotions should be concealed
Time to be taken on important and sensitive issues
Should be on time and appropriately humble
To identify the leader and the spokesman separately
Be patient, not critical and avoid negative reactions
Be absolutely sure that there are no surprises in the fine print
Informal
Identify the leader before negotiation and make informal relationship with him
To establish self importance over the opposite leader
Discuss the demands openly in a group meeting
Keep secrecy of discussion resulting better results to other team members
Br strict to management demand; finally and informally
The contract:
After the negotiation, an agreement should be drafted and finalized. The sooner the agreement
is signed, the better for both the parties.
Points to be noted during agreement:
1. Agreement should be easy to understand and self-explanatory
2. Order should be logical
3. Write shorter sentences and avoid unnecessary repetitions
4. Express the ideas in fewer and appropriate words
5. Be clear about the points and be a reader
6. Close watch on the clauses of agreement to avoid ambiguous terms
7. Finally before passing, management should revisit strictly and read word by word and
scrutiny the financial calculation.
Q4. Discuss the legal framework of total collective bargaining under IRO 1969.
1. To raise and communicate the points of dispute in writing to other party US 26 of IRO,
1969
2. Within 10 days, a meeting to be arranged in consultation with other party. If an
agreement can be reached, it is to be signed by both parties and a copy to be sent to labor
directorate. If nothing is mentioned about the operative period, it shall be for one year.
3. If no agreement is reached, either party can send the dispute to conciliator for negotiation
and discussion US 27 (a) of IRO 1969
4. Within 10 days the receipt of the dispute, the conciliator would try to negotiate
5. If no negotiation is possible within 10 days, CBA can go for strike and management for
lockout and can give notice of 21 days. CBA before serving the 21 days notice for strike,
would arrange a secret ballot to get the support of three fourth of its members.
6. Within these 21 days, the negotiation at conciliators end would be continued.
7. If agreement can be reached and signed by both parties, copies to be sent to conciliator
and at this stage, no lawyer can participate. If agreed by both parties, the time can be
extended further.
8. If negotiation fails, the conciliator can request the parties to refer this case to an arbitrator.
The arbitrator can give his verdict within 30 days, which would be effective for 2 years
and would be treated as final. Here the arbitrator also can extend time in consultation of
both the parties. Copy of such verdict to be sent to labor directorate for publication in the
government gazette.
9. If negotiation fails at conciliator level and parties do not agree to go to any arbitrator,
after getting the failure certificate from the conciliator, the CBA can go for strike and
management for lockout
10. After or before strike or lockout has been affective, the parties in a joint application can
appeal to labor court for setting the dispute
11. After continuing of strike or lockout for 30 days, the government, if feels for public
interest, can ban the strike or lockout. Government can do so even before continuing 30
days and then & there would send the said dispute to labor court for settlement
12. Labor court within 60 days after hearing both the parties would give award that may be
late even. The court can give interim award on any point and this would be applicable for
2 years only.
Q: Define conflict. Discuss the causes of conflicts. How can conflicts be resolved
in an organization?
Definition: Conflicts are natural and inevitable part of people working together
sharing diverse thoughts, concerns, perspective and goals. Conflicts can be defined as
the process when one party perceives that another party has negatively affected or is
about to negatively affect, something that first party cares about it. In reality, many
conflicts provide an important opportunity to improve business results.
There are many causes of conflicts and these causes can be placed into three general
categories:
• Communication
• Personal
• Process
Communication: Communication causes of conflict come from infrequent or ineffective
communication such as of feedback, misunderstandings, lying, criticisms etc.
Example: If a husband tell his wife,” I really like your hair”. But he rolls his eyes while
saying, or giggles or immediately turns to another person; he may be provoking a
conflict.
Personal: Personal causes of conflict come from ego, personal biases and lack of
empathy. Examples of such causes are differing personalities, lack of concerns, past
friction, differing values or beliefs and prejudices.
Example: If a husband picks his wife up late from work fifth time in a month, she
might think, he is considerate or untrustworthy. He might think that waiting after
work is not a big deal. Due to having different sensitivities, they may end up in
conflict.
Process: Process causes of conflict come from differing views about what should be
done or how it should be done. Examples of such causes are differing goals, differing
approaches, differing sources of information etc.
Example: A husband wants to pass a holiday watching football but his wife wants him
to mow the lawn. They have different goals here. Again, if he can manage a kid to mow
the lawn for him, hi might still be in conflict with his wife if she doesn’t agree with the
way the mows the lawn. They have different ideas about how the lawn is mowed or
how he spends his time.
Conflict resolution:
Objectives:
• Identify the type of sources of conflicts
• Identify the destructive and constructive nature of conflict in workplace
• Identify approaches for dealing with conflict situation
• Determine how to transform conflicts into constructive outcomes
The aim of conflict resolution is to end conflict before it leads to fighting. A dispute or
conflict is resolved by providing each side’s needs and adequately addressing their
interests so that they are satisfied with the outcome.
Conflict resolution involves two or more opposite viewed groups and a neutral group or
individual. Resolution method can include conciliation, mediation and arbitration of
litigation. However, it is better to avoid conflict than to resolve by getting the parties to
recognize about the situation. In few cases as in democracy, it may be desirable that
they disagree and thus exposing the issues to other need to consider it for them
Individual: Where one or more individual are suffering from excess pressures- this
could be because of individual factors (external and personal), that is the subject of
bullying or harassment. Some individual factors can also reflect local and central
causes such as overwork due to general understaffing.
Local: Environmental issues related to the workplace, the style of local management.
To improve the condition of work the causes of stress must be tackled. Not all the
causes of stress can be tackled at a local or regional level nor will solutions always be
possible in the short term. But looking at the overall view, certain positive steps could
be taken and looked towards drawing up an action plan.
It is important to remember that excessive stress is usually the result of a number of
factors; leading to overload- tackling a proportion of these in the shorter term will
enable many members to cope with the remaining, reduced pressure. The causes of
work environment are standard health and safety problems. Firstly, it is necessary to
have a safety representative who has received proper training and is carrying out
inspections of the workplace, talking to members about the safety problems and
pressing management to rectify them.
Q. Discuss the nature and causes of stress at work. How stress at work in an
organization can be tackled?
Nature of stress:
People’s ability to deal with pressure and the point at which it becomes harmful to
health varies between individuals. The nature of stress depends on a person’s own
nature, what drives them and what support is available to them from managers,
colleagues, family and friends. Someone who is coping well at work, can suddenly find
them suffering extremely bad stress, because of outside problems caused by
bereavement, family sickness or other increased pressure at home. It is important for
employers to realize these and to have systems available to help stuff through these
difficult times. These stresses caused by outside factors can be detrimental to people’s
work performance that is not under the employer’s direct control. People also vary in
their willingness to seek help and identify that they are being placed under too much
pressure. It is often seen as a personal weakness rather than a deficiency in the
organization that they work for. A vital part of any initiative must be to confront and
after these misconceptions.
• Noise- external (traffic etc) and internal (machinery, open place working)
• Incorrect temperatures- too hot to cold
• Poor lighting or ventilation
• Cramped or over crowded working space
• Dust or fumes
• Dirty or cluttered workplace
• Badly designed workstations
• Lack of adequate staff welfare facilities (rest rooms, canteen etc)
• Stress audit or survey: Stress audit can help to show staff that the problem of
stress is being addressed. Major sources of stress should be identified to help
plan an organization’s strategy. It is also possible to analyze them in such a way
as to compare stress levels between grades or jobs, areas of the organization,
between male and female employees. They can determine the stress level within
an organization as a benchmark to measure the effectiveness of a strategy. They
are not a solution in themselves and must only be used as a part of wider
strategy to tackle stress.
Dismissal:
1. Without the issue regarding lay off, retrenchment, discharge and termination, a worker may:
a. Be dismissed without prior notice or a in lieu thereof or any compensation if he is
convicted for an offence or
b. Be dismissed without prior notice or pay in lieu thereof if he is found guilty of
misconduct under section 18.
Provided that the worker who is so dismissed shall, if his continuous service is not less than one
year, be paid by the employer compensation @ 14 days wages for every completed year of
service or for any part in excess of 6 months or gratuity, if any, which is higher.
Explanation: For the purpose of calculation of wages under this section, wages shall mean the
average of the basic wages and dearness allowance, if any, paid to the worker during the period
of 12 months immediately preceding the date of discharge.
2. Any worker found guilty but not dismissed in considering any circumstances may be discharged or
suspended for less than 7 days without allowance. The period may be within or additional period for
inquiry.
Q: Discuss the importance of physical work environment in an organization. What are the areas
that need to be taken care of in ensuring PWE?
Physical work environment (PWE) is a place where we spend most of our time besides bed.
Employees who work in the environment should have the right to decide the work
environment.
Importance:
Productivity is not related to the physical environment but help improving efficiency. Although
morale is related more to abstract social environment rather than the physical one, but people
are the key factor affecting how other people behave. Employees should have the right to
improve their working environment; both physical and social. Employers could let employee
participate in policy decision making like social benefit or employee award system. Because
working condition is influential in every aspects of our life. It will help employees working to
their full potential to achieve efficiency, satisfaction and maximum productivity. A dimly
lighted, poorly ventilated and crowded place of work hampers efficiency. It can be harmful to
health and finally could lead to poor performance.
The areas that needed to take care of in ensuring PWE are as follows:
Well being at work:
Subjective factors in the evaluation of a work situation to be done, precise measurements with
appropriate instruments can be made. This does not mean that subjective factors are not
important but they must be recognized as such.
Noise:
Measurement: Noise is measured logarithmic unit dB. Some reference values are: hearing
threshold 0 dB, quiet conversation 25 dB, comfortable sound level 40-60 dB, intense street traffic
90 dB, jet engine 120dB
Effects:
Distraction: Concentration of work at hand may be hampered by the environmental noise
conversely. Extremely low level of noise may be irritating even in recording studios.
Masking effects: Hearing may be temporarily impaired by a sudden intense sound.
Continuous noise makes speech difficult to understand by making certain frequencies.
Auditive fatigue: Severe frequency may lead to permanent hearing impairments.
Auditive trauma: The Auditive system accompanied by violent pain can result from
exposure to very intense noise.
Professional deafness: If the noise level exceeds 90 dB it can result irreversible hearing
insufficiency.
Protective measures:
Noise level exceeds 85 dB: Hearing protection devices must be worn and a program
should be taken to reduce the level.
Noise level exceeds 105 dB: Unauthorized entry is prohibited.
Information about the danger for a better understanding of the effects of noise
Warning signs indicating zones with high levels of noise
Personal protective reactions such as reducing noise by closing a door
Reducing the noise levels by technical means such as insulation, absorption and
modification of source.
Vibration:
Generation and transmission: Vibrations may exist either from fixed installation such as large
machineries or from hand held equipment. In case of hand held, the transmission of vibration is
direct to hand and arms. In the case of fixed source and road traffic, vibrations are transmitted
via walls, floors etc.
Effects and precautions: Vibration has an adverse effect on attention and concentration.
Stronger vibration may cause injuries to various parts of the body. Infrasound should be
considered as well that would also affect subconsciously the facilities of the persons exposed.
Lighting:
Intensity: The light intensity must be adapted to the area or the task at hand. Some examples are;
Contrasts: For optimal lighting, contrasts should be limited and backlighting of the work piece
should be avoided
Reflections: Reflections should be kept as low as possible by adjusting lights, orientation of the
workstation or by using non-reflecting materials.
Quality of lights: The color characteristics of the light source should be adequate. The choice is
normally between warm light, smooth color and fluorescent lamps although fluorescent may
have irritating effects.
Maintenance: Light deterioration should be kept within tolerable limits by replacing lamps or
regular maintenance
Air quality:
A comfortable temperature is the result of the thermal interchange between the body and the
environment. Factors influencing the thermal well-being are physical effort, clothing worm,
humidity of are, draught, speed of air etc.
Workspace:
Psychological considerations of the work situation are as important as physiological and
physical ones. Factors to be considered here are; interpersonal relationships, crowding, conflicts
between smokers and non-smokers etc.
What do you mean by quality of working life? Discuss the techniques, strategies of QWL. (2
questions)
Quality of working life means the degree to which members of work organizations are able to
satisfy important personal needs through their experiences in the organization. QWL is a
process of work in an organization, which enables its members at all levels to actively
participate in shaping the organizations environment, methods and outcomes. It is an
internationally designed effort to bring about increased labor management cooperation to
jointly taken up to solve the problem of improving organizational performance and employee
satisfaction. QWL is also designed to improve the productivity but focuses primarily on
improving worker satisfaction. QWL programs are premised on the belief that making workers
job more meaningful will lead to gains in productivity.
QWL strategy:
Increased concerned by organizations with HRM: Within next decade HR managers will learn
how to use their new power. Successful HRM executive will have become strong decision
makers and will accept the responsibilities that go with greater finance. Additionally, senior
executives will be increasingly coming out of the HR function.
Removal of termination as a threat: Lifetime employment will reduce the managers’ power to
exact compliance through the threat of termination. There will also be a greater need for the
organization to become actively involved in career development and planning with its
employees.
Creation of a bimodal workforce: Competition among companies for the highly skilled workers
will increase reflecting the need for even higher wages and benefits. Career development efforts
will focus toward providing forced skills retraining in an effort to enlarge the pool of qualified
and educated professionals. Because of the bimodal nature of the workforce tension will grow
between two groups. Motivating low-paid service workers will become a major challenge.
Managements’ move to make their organization (Lean and mean): Organizations will embark
heavily pm rehiring practices. Organizations will be buying out older and senior executives.
Individuals close to retirement will increasingly be forced to voluntary retirement.
Unemployment for middle age and late fifties would likely to increase dramatically.
Dual-career couples: Due to greater numbers of dual-career couples, the employees’ mobility
will decrease. Organizations will face more resistance to offer promotions. The search for
applicants will focus on the local job markets. A company will pay for health coverage for its
employee along with children’s marriage. The spouse’s coverage will be paid by the spouse’s
organization.
Benefits and health: Operating and paying for day care services will increase an organization’s
cost. Company will offer programs to help employee to stop smoking, reduce weight and the
like. Companies will add gymnasium facilities or offer corporate memberships at health clubs.
Working at home: Employees who will need flexibility in their schedule and older employees
seeking to augment their retirement income will work more at home. This attitude will
restructure the pay levels according to the worth of the job. Performance evaluation will have to
be revised, as close monitoring will not be possible.
Matching the environment to the employee (Ergonomics): The workstation, office etc should be
furnished with ergonomically designed furniture to reduce health related problems and to
make surrounding more pleasant and conducive to working. The open space office will become
prominent for satisfying employees. The concept will result reduction of status differentiation
within the organization.