Maintain Continuity Of Talks: Negotiation And Collective Bargaining

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Ques3. What happens if, during negotiations, an employer and a trade union cannot agree on the terms to be included in a collective agreement? What happens if an employee or trade union feels that the employer is not following the terms of the collective agreement, or if there is a disagreement about the meaning of a part of the collective agreement?
Answer3. Collective Bargaining
Collective Bargaining is the process in which representatives of two groups i.e., employers and employees meet and attempt to negotiate an agreement which specifies the nature of future relationship between the two. Collective Bargaining is the term used to describe a situation in which essential conditions of employment are determined by a bargaining process undertaken
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Composition of the Negotiating Team: The negotiating team should consist of the representatives of both the workers and the employer, with adequate qualities, job knowledge and skill for negotiation. They should not only truly represent the two parties but also have full authority to speak for them and make decisions.
2. Make a Good Beginning: Well begun is half done and this is no less true in the case of collective bargaining. It will be good to stress the need for mutual cooperation and for putting members in the right frame of mind before the talks start.
3. Maintain Continuity of Talks: Collective bargaining is like any other negotiation and with all the goodwill in the world, there will be occasions of emotional outbursts and road blocks. The important thing is never to reach a dead end but to sidetrack blind alleys and keep talks continuing.
4. Develop a Problem-Solving Attitude: Negotiations will be easier if it is appreciated on both sides that they are expected to solve the practical problems of industrial life created through interaction of various forces and various interests and also to lay the foundation for better understanding and better
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Encourage Leadership: A complaint often heard is that the union lacks proper leadership. If this be the situation, management should ask itself whether it has helped to create a condition which would stimulate growth of competent and constructive leadership.
6. Bring in Other Managers: In the process of creating a congenial atmosphere under which collective bargaining will succeed, and in the process of collective bargaining itself, other managers have important contributions to make.
7. Contract Administration: The final phase in the process of collective bargaining is contract administration. Once a contract is agreed upon, it must be administered. The way it will be administered is included in the contract itself. For effective administration of the contract and to have harmonious industrial relations in the organization, the contract must be spell out a procedure for handling disagreement over the interpretation of different clauses of the agreement.
When Parties are unable to agree on the terms of a Collective Bargaining
Once notice has been given to commence collective bargaining, whether or not actual bargaining has taken place, either party may ask the Minister to appoint a conciliator or mediation officer to assist in the conclusion of an agreement. The request must be accompanied by a statement of difficulties encountered by the parties in negotiations to

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