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Employee Involvement Collective Bargaining Grievance Management

IRLL Unit 2

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Page 1: IRLL Unit 2

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Employee Involvement

Collective Bargaining

Grievance Management

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Institutions

ILO

Joint Consultative

Industrialcommittees

Joint managementCouncils

Work Committees

VoluntaryCodes

Code of Conduct

Code of Discipline

Code of Efficiency &welfare

Rules/Procedures

Standing Orders

Discipline Procedures

Grievance procedure

Collective bargaining

Workers Participation

Employee Welfare

Empowerment

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Origin: 1919. Its constitution was made by Labor

commissions. Presently there are 177 members.

Philosophy:

Labor is not a commodity Freedom of expression is essential

The war against wants need to be carried on

internationally

Poverty is dangerous.

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Objectives:

Promote and realize standards and

fundamental rights at work

Create greater opportunities for men andmen to secure decent employment and

income

Enhance the coverage and effectiveness of

social protection for all.

Strengthen tripartism and social dialogue

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Tripartism: The interaction of government,

employers and workers as equal and

independent partners to seek solution to

issue a common concern. Social Dialogue: Includes all types of

negotiation, consultation or exchange of

information between or amongst

representative of governments, employers,and workers on issues on common interest

relating to economic and social policy.

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International Labor Conference : This can be

equated to the legislative arm of a govt.

The Governing Body: This can be visualized

as the executive body. International Labor office: Is the permanent

secretariat.

Labor standards: Standards concerning

employment and working conditions foundacceptable by employers and workers

through collective bargaining.

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The International Labor conference: Membersin the ratio of 2:1:1 of Govt., Employers and

Employees: 1 President + 3 Vice President

(Legislative)

The Government Body: 56 Titular Members (28+ 14 +14): 66 Deputy Members (28 + 18 + 18): 1

Chairperson + 2 Vice Chairpersons: 1 TitularMembers from the countries of Chief Industrial

Importance

(Executive)

Permanent Secretariat: Works under securityand supervision of the Governing Body: Headed

by Director General: DG is also secretaryGeneral for ILC: Has a 5 yrs renewable term

(Secretariat)

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An Issue isIdentified

Governing Bodyputs topic onagenda of ILC

Office prepareslaw and practice

report withquestionnaire onthe content ofpossible newinstruments

Report sent togovt, employees

and workers

Office analysescomments and

proposedconclusions

First discussion ofproposed conclusion

Officeprepares

report andsummary

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Joint consultative are the International Labor

conferences held in order to attainobjectives made by ILO.

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This committee was established in 1944.

It is a tripartite with equal proportion of

workers and employers.

These are industry specific like Oil, Iron &Steel.

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The JMC were intended to provide better

understanding, participation and infuse a

spirit of cooperation among workers &

employers.

Condition to make JMC:

Undertaking should have well established TUs

People should have willingness to experiment

The size of undertaking should not be less

than 500.

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The ID Act, 1948 requires to constitute a

Works committee including equal proportion

of workers & employers where 100 or more

people are involved in any day preceding 12months.

It aims to secure amity and good relation

among the two.

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This is voluntarily accepted by both employer and worker

of private as well as public sector at central level.

Few deliberations in ILC at 15th session are:

1. No strike/ lockout

2. No unilateral

3. No resort to go-slow tactics4. No deliberate damage to property

5. No acts of violence

6. Full utilization of dispute-resolution machinery

7. Speedy implementation of awards

The code has following structure

Part 1: Duties & Responsibilities of three parties

Part 2: Obligations common to management & unions

Part 3: Obligations of management

Part 4: Obligations of unions

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It is method of specifying duties and

responsibilities of employer and workers.

These orders regulate the conditions of

employment. They are made at plant and unit level.

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As per ID act, 1947, every organization may

follow two policies

Open Door Policy

Step ladder Policy

Aggrieved Employee - 48 hrs

Departmental Representativefails

Head of the Department (if notsatisfied) - 3days

Grievance Committee ² 7 days

Chief Executive ² 7 Days

Voluntary Arbitration

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The right of workers to form,The right of workers to form,

 join, and assist labor unions is join, and assist labor unions isa statutorily protected right ina statutorily protected right in

thethe Country.Country.

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Collective BargainingCollective Bargaining

The act of negotiating contract terms

between an employer and the members of a

union.

Collective Bargaining Agreement ² the

resulting contract from a collective

bargaining procedure.

The employer and the union must bargain

with each other in good  faith.

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Subjects of Collective BargainingSubjects of Collective Bargaining

Compulsory Subjects

² Wages² Hours

² Other terms and conditions of employment

Illegal Subjects² Closed shops

² Discrimination

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1. Freedom of association

Workers and employers are free to form their own

associations to represent their interests.

2. Stability of union Unions have to be stable for collective bargaining

to be effective union is able to honor the

agreement.

3. Recognition of union by employer Collective bargaining begins after employer

recognizes the union that claims to represent the

specific group of workers.

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4. Good faith

Both parties must be willing to resolve

differences to reach an agreement.

5. Mutual respect Relationship affected and process becomes

tense and difficult if any party used unfair

practices such as victimization.

6. Supportive legal system Employment laws to ensure process takes

place in an orderly manner.

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Process depends on these factors:

1. Subject matter to be discussed

2. Persons involved

3. Circumstances under which the discussion isheld.

A Typical Negotiation Process begins with

each party stating its position.

As discussion progresses, each party adjustsits demands to seek a mutually acceptable

agreement.

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Approach: It means that here individuals will

confront the problem to solve it.

Avoidance: It means that the individual

avoids the situation of conflict

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Confrontation

Engaging

Compromise

Approach

Diffusion

Avoidance

Resignation

Avoidance

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Source: K. Thomas, ´Conflict and Negotiation Processes in Organizations,µ in M.D. Dunnette

and L.M. Hough (eds.), Handbook of Industrial and Organizational Psychology , 2nd ed., vol.

3 (Palo Alto, CA: Consulting Psychologists Press, 1992), p. 668. With permission.

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1. Preparation

Each party must know what it wants.

2. Presentation

Each party presents its case.

3. Exchange and compromise

Parties look for possible adjustment or

compromise.

4. Reaching an agreement Parties sign a written statement on what have

been agreed.

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Types of negotiation:

Distributive when two parties with opposing

goals compete over set value

Integrative when two groups integrate interests,create value, invest in the agreement (win-win

scenario)

Categories of negotiation

Collective to Individual Centralized to Decentralized

Government to Non-government

Union to Non-union

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Source: Adapted from Anderson, T. Step into my parlor: A survey of strategies andtechniques for effective negotiation. Business Horizons, May-June 1992, 75.

Outcome:

Great for Person A

Terrible for Person B

Outcome:

Mediocre for Person A

Mediocre for Person B

Outcome:

Good for Person A

Good for Person B

Outcome:

Terrible for Person A

Great for Person B

Integrative Distributive

   I  n   t  e  g  r  a   t   i  v  e

   D   i  s   t  r   i   b  u   t   i  v  e

STRATEGY OF PERSON B

   S   T   R   A   T   E   G   Y   O   F

   P   E   R   S   O   N

   A

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BATNA

The Best  Alternative To a Negotiated Agreement; the lowest acceptable value (outcome) to an individual for a negotiatedagreement 

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Impasse: settlement cannot be

reached

Impasses may be solved by thesealternatives:

Conciliation

MediationArbitration

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The right of the individual to know the case

against him/ her.

The right of the individual to respond to the

case and present his/ her point of view The right to representation at every stage

The right of receive in writing the definite

statements of the conclusion and outcome at

every stage The right to appeal against the conclusion

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Step 1: Warnings: At least two warnings inwriting

Step 2: Recording the outcome of warnings:Recording to personal files within thestipulated time

Step 3: Show-cause notice for seriousMisconduct: For matters of serious concern,show cause in writing is issued. If not taken

seriously, may be suspended Step 4: Issue of charge Sheet and

Constitution of Inquiry Committee

Step 5: Disciplinary Hearing

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Employee Empowerment is Employee

Involvement that matters.

It could also be defined as controlled

transfer of authority to make decisions and

take actions.

What is needed?

Successful implementation of empowermentrequires change in corporate culture.

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An aspect of Working Smart

Empowerment is the key to

motivation & Productivity.

It enables a person to developpersonally & professionally.

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Resistance from Employees & Unions

Resistance from Management

Insecurity

Personal Values Ego

Management Training

Personality Characteristics of Managers

Exclusion of Managers

Workforce Readiness

Organizational Structure & ManagementPractices

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Management·s Role:

Commitment

Leadership

Facilitation

Implementing Empowerment: Development of Suggestion Systems

Considering the Employees Point of View

Putting Vehicles in Place

Brainstorming

Nominal Group Technique

Quality Circles

Suggestion Boxes

Walking & Talking

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Management·s Role: Establishing Policy

Setting Up the System

Promoting the Suggestion System Evaluating & Implementing suggestions

Rewarding employees

Improving the system..

Improving Suggestion Processing Improving Individual Suggestions

Problem Identification

Research

Idea Development

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Taking Initiative

Identifying Opportunities

Thinking Critically

Building Consensus

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Avoiding Traps:

Defining Power as Discretion & Self- Reliance

Failing to Properly Define Empowerment for Managers &

Supervisors Assuming Employees Have the skills to be Empowered

Getting Impatient Making the Transition from TraditionalApproach

Beyond Empowerment

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Evaluating Suggestions Though Employees make suggestions, final

analysis is still to be made by manager.

Thus, Establish a formal rating system for

evaluating suggestion systems.

Handling Poor Suggestions Listen Carefully

Express Appreciation Carefully explain your position

Encourage feedback

Look for Compromise

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Removing Hidden Barriers Negative Behavior Poor Writing Skills Fear of Rejection

Inconvenience

Encouraging new Employees

Coaching Reluctant Employees Assess Investigate Match Choose Manage