1. Collective Bargaining

2. Collective Bargaining
The uniting of employees for the purpose of increasing their ability to influence their employer and to improve working conditions
Based on the principle that there is greater strength in large numbers
Primary goal is to equalize the power between labor & management
Primary unit is the union

3. Image of Unions More$$$
Unions were formed to protect workers from exploitation by greedy & insensitive employers
Image was tarnished due to violence during strikes
Many HCPs regard this activity as unprofessional
Tend to automatically reject the idea of union membership
On Strike
Unfair

4. Legislative Development of Collective Bargaining
The National Labor Relations Act
Bargaining Units for Hospitals

5. Goals of Collective Bargaining
Equalize power between management & employees
Balance salary inequities
Protect the employee against arbitrary treatment & unfair labor practices
Maintain & promote professional practice
Improve 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 bargaining
Eliminates some of the conflict of traditional collective bargaining
Based 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 process
Selection of issues
Discussion of interests
Generation of options
Establishment of standards to measure the options
Measurement of the options
Development 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 union
Contracts can be very specific and include just a few items or very broad and include many
Contracts often contain requirements for union membership by the employees and set the cost of dues for that membership.

10. Negotiating the Contract
Representation
Negotiating teams are selected by both management & employee groups
Power & benefits
Generally, management is reluctant to give up power or relinquish money
Good-faith bargaining
Law 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
Mediation
Stalemate: failure to reach a settlement
Mediation uses a neutral third party provided by the Federal Mediation & Conciliation Service
The mediator meets with each side
Mediator brings the two sides together to attempt to work out a settlement
Both sides must work with the mediator
They are not required to accept the mediator’s recommendations

12. Negotiating the Contract
Binding arbitration
An arbitrator with binding power may be appointed
The arbitrator investigates the conflict, meets with both sides, and makes a recommendation for settlement
The arbitrator’s recommendation must be accepted by both sides
Both 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 strike
When 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 power
Management can use a form of enforced strike called a lockout, whereby employees are not permitted to enter the work facility

14. Threat of a Strike
The threat of a strike is usually accompanied by more intense negotiations that may lead to a last- minute settlement
Strikes are detrimental to both sides
Alternative methods without a strike
Disruption of services on a random basis
Boycott of an organization

15. Ratifying the Contract
After a settlement has been reached, the contract must be ratified
The collective bargaining unit takes the contract back to the employees, who must approve it by vote
Once it is approved by a majority of the employees, the contract becomes legally binding for both management and employees

16. Collective Bargaining Concerns
Representation
Unions vs State EMTs Association
Paramedic supervisors: employees or management?
In Civil defense as a military enterprise???