What Is Collective Bargaining?

- Definition,
Process & Quiz
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Instructor: Shawn Grimsley

Collective bargaining is a vital process in labor-management relationships in the United States. In

this lesson, you will learn what collective bargaining is and be given a general outline of its process.
A short quiz will follow the lesson.
We also recommend watching Importance of the Collective Bargaining Process and Employer
Restrictions and Rights in Unionizing Process & Collective Bargaining

Definition
Collective bargaining is the process by which a labor union and employer negotiate over the terms
of the employment relationship.

Key Concepts in the Process

Collective Bargaining Agreement. The primary goal of collective bargaining is the achievement of
a collective bargaining agreement between the union and employer. A typical bargaining agreement
will contain the general terms governing the employment relationship including, but not limite d to
wages, benefits, hours, promotion, and grievance procedures.
Limitations to Agreement. While the union and employer can enter into a voluntary agreement on
many matters, there are limitations according to federal and state law. First, a collective bar gaining
agreement can't establish any right, duty, or circumstance that is otherwise illegal. For example, a
union and employer cannot bargain away employees' rights under the Civil Rights Act. Second, the
agreement can't waive rights or obligations that the law opposes on either party. For example, a
union cannot waive an employer's obligations under federal and state occupational safety laws.
Third, the collective bargaining process is not entirely voluntary. If an agreement can't be reached,
the law permits both parties to engage in legal tactics to pressure the other side to reach an
agreement. Examples of tactics that may be used are lockouts and strikes.
Bargaining Unit & Exclusive Representation. A bargaining unit is a group of employees that is
represented by the union in negotiations with the employer. A majority of employees in the
bargaining unit must agree on the representative as their sole and exclusive representative in
negotiations with the employer. Non-union employees will be bound by the collective bargaining
agreement.
National Labor Relations Act. The National Labor Relations Act is the federal law that gives unions
the right to collectively bargain. The Act also created the National Labor Relations Board, which is
authorized to enforce the right to collectively bargain.

Basic Rules of Collective Bargaining

Generally, employers and unions are subject to the following rules when engaging in collective
bargaining:

1. Employers are required to bargain with the exclusive representative of the empl oyees
over mandatory subjects of bargaining, but don't have to bargain over permissive
subjects of bargaining. Actually, requiring negotiations over permissive subjects of
bargaining may be deemed an unfair labor act.
2. Mandatory subjects of bargaining include wages, hours and other terms and conditions of
employment. Permissive subjects of bargaining can include retiree benefits, union dues
amounts and the employer's board of directors.
3. Neither the employer or the union are required to reach an agreement, bu t they are required
to negotiate in good faith over the mandatory subjects of bargaining until they are
deadlocked.
4. So long as a valid collective bargaining agreement is in effect, an employer isn't allowed to
unilaterally change a term of employment that's a mandatory subject of bargaining if
negotiations haven't been deadlocked. However, if negations become deadlocked, the
employer may unilaterally implement the
 Collective Bargaining Process
Definition: Collective Bargaining is the process of negotiating wages and other
conditions of employment by an organisation of employee

Collective bargaining consists of negotiations between an employer and a group of

employees that determine the conditions of employment. Often employees are
represented in the bargaining by a union or other labor organization. The result of
collective bargaining procedure is called the collective bargaining agreement (CBA).
Collective agreements may be in the form of procedural agreements or substantive
agreements. Procedural agreements deal with the relationship between workers and
management and the procedures to be adopted for resolving individual or group
disputes.

This will normally include procedures in respect of individual grievances, disputes and
discipline. Frequently, procedural agreements are put into the company rule book which
provides information on the overall terms and conditions of employment and codes of
behavior. A substantive agreement deals with specific issues, such as basic pay,
overtime premiums, bonus arrangements, holiday entitlements, hours of work, etc. In
many companies, agreements have a fixed time scale and a collective bargaining
process will review the procedural agreement when negotiations take place on pay and
conditions of employment.

The collective bargaining process comprises of five core steps: :

1. Prepare: This phase involves composition of a negotiation team. The negotiation

team should consist of representatives of both the parties with adequate knowledge
and skills for negotiation. In this phase both the employer's representatives and the
union examine their own situation in order to develop the issues that they believe will
be most important. The first thing to be done is to determine whether there is actually
any reason to negotiate at all. A correct understanding of the main issues to be
covered and intimate knowledge of operations, working conditions, production norms
and other relevant conditions is required.
2. Discuss: Here, the parties decide the ground rules that will guide the negotiations. A
process well begun is half done and this is no less true in case of collective
bargaining. An environment of mutual trust and understanding is also created so that
the collective bargaining agreement would be reached.

3. Propose: This phase involves the initial opening statements and the possible options
that exist to resolve them. In a word, this phase could be described as 'brainstorming'.
The exchange of messages takes place and opinion of both the parties is sought.

4. Bargain: negotiations are easy if a problem solving attitude is adopted. This stage
comprises the time when 'what ifs' and 'supposals' are set forth and the drafting of
agreements take place

5. Settlement: Once the parties are through with the bargaining process, a consensual
agreement is reached upon wherein both the parties agree to a common decision
regarding the problem or the issue. This stage is described as consisting of effective
joint implementation of the agreement through shared visions, strategic planning and
negotiated change.
 Collective bargaining process

Stage 1: Preparing
The basis of collective bargaining is management engaging in dialog with the workers collectively, and as such, the
first stage of collective bargaining is organizing a group to represent the workers. If a trade union exists, then such
unions usually take up the role of representing the workers. Otherwise the group is elected.
The group representing workers prepares a list of proposals relating to the issues under dispute, usually related to
compensation and working conditions. A pattern of benefits, conditions, rules, and regulations usually exists, and
the workers proposal aims at highlighting the need for improvements and changes to such work conditions. Such a
proposal becomes the basis for the negotiations that follow.

The process of the group of workers framing such a proposal by reconciling the viewpoints of each individual
worker is very often tedious and difficult, and takes place through discussions. The meeting ends in consensus, the
group leaders taking the majority opinion, or the group leaders adhering to the d ominant viewpoint.

The best proposals are ones prepared considering various factors such as internal conditions of the company, the
companys financials, the external environment, and other factors, for the management would invariably counter-
argue on such factors.

Stage 2: Arguing
The second stage of collective bargaining is the group representing the workers arguing and substantiating their
proposals, and the management counter-arguing, trying to refute the workers claims and contentions. The
negotiators of both sides use relevant data such as financial figures, precedents, benchmarks, analogies, and other
methods, and various methods such as use of logic, appealing to emotions, pleadings, and other techniques to
substantiate their point of view.

This stage of collective bargaining starts with both parties stating their case in strong terms, without the two parties
discussing or consulting one another. The subsequent arguments and counter arguments can become heated and
even acrimonious. Negotiations can break down and resume and the matter remains inconclusive without any
progress for many days.

Stage 3: Signaling
This collective bargaining model rests on the worker's representatives submitting proposals that they consider ideal,
but willing to settle for less, and the management willing to concede more than they publicly acknowledge.

Sending signals across to the other party, through subtle messages, change of tone, body language, and other cues
reveal to the other side that the proposal under discussion will meet with little resistance, can be accepted with
modifications, or have a low chance of acceptance. Signaling thereby, reveals the resistance point to the other party
without making it explicit.

Failure to send signals leads to both sides sticking to their positions, causing impasse and a breakdown of
negotiation and the dispute escalating to the next level of industrial action.

Stage 4: Proposal
 One of the important stages of collective bargaining negotiations is one side making a
proposal in a bid to end the argument and reach a settlement. Such proposals are reconciliation of arguments made
by either side, based on the signals received.
Image Credit: flickr.com/Bernard Pollack

Stage 5: Packaging
Good negotiators package proposals. Packaging involves making concessions, but placing items that remain too
tempting to resist along with some compromises required from the other side, with the condition that the proposal
comes as a whole and is not breakable. The other side makes counter-packages.

Stage 6: Bargaining
The packages put forth by either side identify a common ground, or a core that facilitates settlement between the two
parties to the dispute. The collective bargaining process, however, continues with each side trying to dilute the
others package by a counter package, each time saying that this is last and final concess ion they will make.

This session usually involves off the record conversations, some joint exercises to resolve a deadlock, and very often
culminate in a marathon round of lengthy and hectic discussions to resolve last minute glitches before both sides
finally reach a settlement.

Stage 7: Closing
Closing is the final step in the collective bargaining process. Closing denotes settlement time, or the time negotiation
ends. The negotiators walk back over the negotiations and summarize all positions, noting down agreements
reached, issues withdrawn, and issued deferred, and clear ambiguities.

Selecting the right time to close depends on the skill of the negotiator. Closing too early may lead to the negotiators
side losing out on further concessions that the other party may be willing to make, and closing too late may lead to
some strategic advantage or position of mutual ground being lost. The prevailing mood of the workers and the
economic climate greatly influences the closing time as well.

Stage 8: Agreeing
The final stage of the collective bargaining process is agreeing, or vetting the draft collective bargaining agreement.
Discussions in this stage center on date for implementation of the settlement, such as date of payment for revised
wages and introduction of new benefits, and other considerations. The process, however, does not end until the
principals, that is the owner or stakeholder of the company and the rank and file workforce accept and ratify
the agreement struck by the negotiators.
Adhering to the recommended stages of collective bargaining facilitate smooth negotiations and go a long way in
effecting a win-win settlement.
 Reference
International Labor Organization. The Collective Bargaining process. Retrieved from
http://www.ilocarib.org.tt/Promalco_tool/productivity-tools/manual10/ m10_3.htm on 14 February 2011.