ALL INDIA INSTITUTE OF MEDICAL SCIENCES

BHUBANESWAR

SEMINAR
ON
COLLECTIVE BARGAINING
HEALTH CARE LABOUR LAW – UNIONS – PROFESSIONAL
ASSOCIATIONS – ROLE OF NURSE MANAGER

SUBMITTED TO SUBMITTED BY
DR SMITHA M V KASHYAP K V
ASSOCIATE PROFESSOR 2ND YEAR M.Sc.
CON CON
AIIMS BBSR AIIMS BBSR
COLLECTIVE BARGAINING –
Collective bargaining is the joining together of employees for the purpose of increasing their
ability to influence the employer and improve working condition (Delong, 1998).

OBJECTIVES OF COLLECTIVE BARGAINING –

To provide an opportunity to the workers, to voice their problems on issues related to
employment.
To facilitate reaching a solution that is acceptable to all the parties involves.
To resolve all conflicts and disputes in a mutually agreeable manner.
To prevent any conflict/disputes in the future through mutually signed contracts.
To develop a conductive atmosphere to foster good organizations relations.
To provide stable and peaceful organization (hospital) relations.
To enhance the productivity of the organization.

CHARACTERISTICS OF COLLECTIVE BARGAINING –

It is a group process, wherein one group, representing the employers, and the other,
representing the employees, sit together to negotiate terms of employment.
Collective bargaining is a formalized process by which employers and independent trade
unions negotiate terms and conditions of employment and the ways in which certain
employment-related issues are to be regulated at national, organizational and workplace
levels.
Collective bargaining is a process in the sense that it consists of a number of steps. It begins
with the presentation of the charter of demands and ends with reaching an agreement.
it is flexible process and not fixed or static. Mutual trust and understanding serve as the by-
products of harmonious relations between the two parties.
It a bipartite process. This means there are always two parties involved in the process of
collective bargaining. The negotiations generally take place between the employees and the
management.
Collective bargaining is a complementary process i.e. each party needs something that the
other party has; labour can increase productivity and management can pay better for their
efforts.
Collective bargaining tends to improve the relations between workers and the union on the
one hand and the employer on the other.
Collective Bargaining is continuous process. It enables industrial democracy to be effective.
THE COLLECTIVE BARGAINING PROCESS COMPRISES OF FIVE CORE STEPS –

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.
Discuss –
The parties decide the ground rules that will guide the negotiations. An environment of
mutual trust and understanding is also created so that the collective bargaining agreement
would be reached.
Propose –
This phase involves the initial opening statements and the possible options that exist to
resolve them. this phase could be described as “brainstorming”.
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.
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.

ADVANTAGES -
The collaborative approach focuses on ongoing problem-solving rather than dealing with
build-up of issues presented at bargaining table.
The cooperative environment required by collaborative bargaining helps in development of
greater mutual respect for their colleagues.
DISADVANTAGES -
One party may take negative actions against the other. Management may indulge in LAY-
OFFS; lockout workers; and launch a publicity campaign, while unions may cause slow-
downs, create bottleneck in the production of line and may sometimes resort to strikes.
The hostile actions can lead to a stalemate known as Labor Impasse, which can cause
hardships to the labour and the company
HEALTH CARE LABOUR LAWS IN INDIA –
Trade union act 1926
Payment of wages act 1936
Minimum wages act 1948
National rural employment guarantee act 2005

TRADE UNION ACT 1926

According to the Trade Unions Act, 1926, ‘trade union’ means “any combination, whether
temporary or permanent, formed primarily for the purpose of regulating the relations
between workmen and employers or between workmen and workmen or between
employers and employers, or for imposing restrictive conditions on the conduct of any trade
or business, and includes any federation of two or more trade unions”

AMENDMENT OF TRADE UNION ACT, 1926 –

The trade unions amendment bill 2019 was introduced in Lok Sabha by the minister of
labour and employment, Santosh kumar gangwar, on January 8 2019.
The bill seeks to provide for recognition of trade unions at the central and state level by the
central and state government.

OBJECTIVES OF TRADE UNION –

Securing fair wages and providing better promotion and training opportunities for workers.
Ensuring job security and improving service conditions.
Enhancing working and living conditions.
Providing educational, cultural, and recreational facilities.
Facilitating technological advancement and enhancing workers' understanding of
innovations.
Improving production, productivity, and discipline among workers.
Promoting individual and collective welfare to align worker interests with industry goals.
Participating in management decision-making related to workers and taking disciplinary
action when necessary.
FUNCTIONS OF TRADE UNION –
Collective bargaining with the management for securing better work environment for
workers.
Providing security for the workers.
If any dispute remains unsettled referring the matter for arbitration.
To develop cooperation with employees.
To arouse public opinion in favour of labour.

BENEFITS OF THE TRADE UNION -

A worker feels very weak when he is alone. Union provides him an opportunity to achieve
his objectives with support of his fellow colleagues.
Union protects the economic interest of the workers and ensures a reasonable wages.
Union also provides in certain cases cash assistance at the time of sickness or some other
emergencies.
Trade union imparts self-confidence to the workers and they feel that they are important
part of organization.
It also provides workers for promotion and for higher positions.

PAYMENT OF WAGES ACT 1936

The Payment of Wages Act, 1936 holds significant importance in the Indian legal framework
as it governs the payment of wages for specific categories of employed individuals.
One of its key objectives is to guarantee the punctual disbursement of wages without
unauthorized deductions.
Applicable to employees in various sectors, including railways, factories, and industrial
establishments, the act outlines the employer's responsibility for wage payment, permissible
deductions, and the establishment of authorities to adjudicate complaints related to wage
disputes.
the act is designed to ensure the timely and complete payment of wages, ultimately
enhancing the overall welfare of the workforce.

OBJECTIVES OF PAYMENT OF WAGES ACT, 1936 –

Its primary objectives encompass ensuring the timely and complete payment of wages to
employees and shielding them from unauthorized deductions.
Additionally, the act aims to foster industrial peace and harmony by establishing a fair and
transparent mechanism for wage disbursement.
Preventing unwarranted deductions from wages.
Prohibiting unnecessary delays in wage payments.
Setting clear guidelines for the wage period and payment method.

BENEFITS OF PAYMENT OF WAGES ACT 1936 –

The most important benefit is that the workers receive their wages without delay.
The Act specifies the date within which the wages must be paid to the workers so that they
get their wages without any delay. This, therefore, creates financial soundness, security, and
well-being among workers.
It guards against unauthorised wage deductions imposed by an employer by specifying
deductions that can be made from wages, like fines and compensation for damage or loss
incurred by employees.
When wages are paid late or unauthorised wage deductions occur, an employee can lodge a
complaint against his employer. This also helps employers and employees establish a healthy
relationship.

MINIMUM WAGES ACT, 1948

The Minimum Wages Act 1948 sets the minimum wages for workers and covers both skilled
and unskilled workers.
It does not treat men and women differently and gives power to the central and state
governments. They can fix wages for different jobs and regions and consider the cost of
living and other factors. The law protects workers from exploitation.
It also helps them to live a decent life.

OBJECTIVES OF MINIMUM WAGES ACT, 1948

The main objectives of the Minimum Wages Act, 1948 are,
To fix and revise the minimum wages to be paid by the employer to the employees in certain
employments
To fix an adequate minimum wage for all employees in the interest of the public
To fix the daily working hours of an employee according to the employment type
To prevent exploitation of the workers
To resolve any issues pertaining to the non-payment or less payment of wages
To provide the powers to make rules to the appropriate government.

IMPLEMENTATION OF MINIMUM WAGES ACT, 1948 –

Formal Sector - The implementation is more effective in the formal sector, where
employment tends to be organized and regulated. Workers have better-paid conditions as a
result.
Informal Sector - A part of India's labour force works in the informal sector which is a
challenge. Workers in agricultural, construction and small-scale enterprises may not
themselves know what their rights are or find it hard to enforce them.

CHALLENGES IN THE ENFORCEMENT OF MINIMUM WAGES ACT, 1948 –

Many of those working in agriculture, construction and small-scale enterprises are part of
the informal work sector. In these sectors, where there are no formal structures to monitor
and regulate wage practices, enforcement becomes difficult.
Workers are vulnerable or powerless to bargain, employers sometimes wilfully break
minimum wage standards in industries such as the clothing and other light industry.
Interstate Disparities - In India, the minimum wage rates differ across states depending on
differences in living costs and economic conditions. This can lead to problems of failing
uniform enforcement, especially in low wage areas where employers may refuse
compliance.

NATIONAL RURAL EMPLOYMENT GUARANTEE ACT 2005

National Rural Employment Guarantee Act of 2005, also known as MGNREGA (Mahatma
Gandhi National Rural Employment Guarantee Act). The act was passed by the Parliament of
India in September 2005 and came into force in February 2006. The NREGA Act is made to
provide at least 100 days of guaranteed wage employment in a financial year to every rural
household whose adult members volunteer to do unskilled manual work.
The main objective of this NREGA scheme was to provide employment and improve the
lifestyle, health, and security of people living in rural areas who don’t have any kind of job
opportunities.
BENEFITS OF NREGA ACT 2005
A guaranteed job of 100 days for every financial year within 15 days of applying for work or
an unemployment allowance in case of failure to provide work.
A minimum wage is fixed by the respective state government and is paid on a weekly or
fortnightly basis.
A worksite within 5 km of their residence or a transport and living allowance in case of a
worksite beyond 5 km.
Basic facilities at the worksite such as drinking water, shade, first aid, and crèche for
children.
Social security benefits such as insurance, maternity benefits, and pension.

MAIN OBJECTIVES OF NREGA ACT 2005

The following main goals were considered when designing NREGA Act in 2005, which has
been praised as the largest and most ambitious social initiative in the history of mankind:

To provide a minimum of 100 days of wage employment in a financial year to every

household whose adult members volunteer for unskilled manual work.
It aims to reduce poverty by providing minimum job opportunities to most rural households
In this scheme of employment, at least one-third of the beneficiaries must be women. In this
way, it will empower Indian women socially and politically by providing them income.
NREGA prioritizes marginalized and disadvantaged sections of society, including Scheduled
Castes (SCs), Scheduled Tribes (STs), and women, in the allocation of employment
opportunities. It decreases the amount of social and economic differences and promotes
equality
NREGA ensures timely payment of wages to workers. Wages are typically paid within 15 days
of the completion of the work, and if there is a delay, workers are entitled to compensation.
The Act provides projects related to natural resource management, such as soil and water
conservation, afforestation, and other eco-friendly activities. In this way, this act also
promotes Environmental Sustainability.
UNION–
A union or labour organization is any organization in which employees participate for the
purpose of dealing with their employer about grievances, labour disagreement, wages,
hours of work and conditions of employment.
UNIONS IN INDIA –
All India government nurses federation
Trained nurses’ union
Trained nurses’ association of India
Besides, there are three state level unions,
Odisha nursing employee association
Trained nurses’ association of India, Odisha branch
United nurses’ association

CHARACTERISTICS OF UNION
Association of employees –
A trade union is essentially an association of employees belonging to a particular class of
employment, profession, trade or industry. For example, there are unions for teachers,
doctors, film, artistes, weavers, mine workers and so on.
Voluntary Association –
An employee joins the trade union out of his free will. A person cannot be compelled to join
a union.
Permanent Body –
A trade union is usually a permanent body. Members may come and go but the trade union
remains.
Common Interest –
The member of a trade union has certain matters of common interest-job security, better
pay and working conditions and so on, which bring them together.
Collective Action –
Even when an individual employee has any grievance over certain management decisions,
the matter is sorted out by the intervention of the trade union Employees are able to initiate
collective action to solve any problem concerning any particular employee or all the
employees.

OBJECTIVES OF UNION
Better wages & working conditions and promotion of Industrial peace
Protection against Exploitation and Victimization.
Representation (Workers’ Interests)
Negotiation (Collective Bargaining)
Voice in decisions (Lay off, Retrenchment) affecting workers
Member Service (Education, Training, Welfare, Discounts, Loans)

PURPOSE OF UNION
Employment Protection and Job Creation.
Economic Protection.
Social Status – Identity.
Political Role – Democratic Institution
Societal Obligation – Transformation.
Competitiveness / Sustainable Development.
Formed to protect and promote the interests of their members
Primary function is to protect the interests of workers against discrimination and unfair
labour practices.

IMPORTANCE OF THE UNION

For industrial peace
Decisions taken through the process of collective bargaining and negotiations between
employer and unions are more influential
Effective communication between the workers and the management
Economic development
Recruitment & selection
Discipline among workforce
Settlement of Industrial Disputes in a rational manner

PROFESSIONAL ASSOCIATIONS
Trained nurses’ association of India (TNAI)
Student nurses’ association
Student nurses research society
Commonwealth nurses’ federation
American nurses’ association
TRAINED NURSES ASSOCIATION OF INDIA (TNAI)
The Association had its beginning in the Association of Nursing Superintendents which was
founded in 1905. They saw the need to develop nursing as a profession and also do provide
a forum where professional nurses meet and plan to achieve these ends.

OBJECTIVES
To uphold in every way dignity and honor of the nursing profession and to promote a sense
of espirit de corps.
To promote high standards of health care and nursing practice.
To advance professional, educational, economic and general welfare of nurses.

FUNCTIONS
To establish functions, standards and qualifications for nursing practice.
To enunciate standards of nursing education and implement these through appropriate
channels.
To enunciate standards of nursing service and implement these through appropriate
channels.
To establish a code of ethical conduct for practitioners.
To stimulate and promote research designed to increase the knowledge on which the
practice of nursing is based.
To promote legislation and speak for nurses in regard to legislative action.
To promote and protect the economic welfare of nurses.
To provide professional counselling and placement service for nurses.
To provide for the continuing professional development of practitioners.
To represent nurses and serve as their spokesman with allied international and national
organizations, governmental and other bodies and the public.
To serve as the official representative of TNAI as a member of ICN.
To promote the general health and welfare of the public through all association programs,
relationships and activities.

INCORPORATE ORGANIZATIONS Of TNAI

There are three incorporate associations in the TNAI,
Health visitors league
Midwives and auxiliary nurse midwives’ association

HEALTH VISITORS’ LEAGUE

Objectives -
To uphold in every way the dignity and honor of health visitors.
To promote, among all health visitors, esprit de corps.
To enable members to take council together on matters affecting their profession.
To raise the standards of education and practice of health visitor.

MIDWIVES AND AUXILIARY NURSE-MIDWIVES ASSOCIATION

Objectives -
To uphold, in every way, the dignity and honor of midwives and auxiliary nurse midwives.
To promote, among all midwives and auxiliary nurse midwives
To enable members to take council together on matters affecting their profession.
To raise the standards of education and practice of health visitor.

STUDENT NURSES ASSOCIATION (SNA)

The student nurses association (SNA) is a nationwide organization. It was established in 1929
at the time of annual conference of the TNAI. The TNAI and SNA used to have combined
annual conference but due to increase in number of delegates, it was felt in 1960 to hold a
separate conference for the student nurses. Since 1961, student nurses are having biennial
conferences. The students are being more and more responsible to manage their affairs
both at state and national levels. In 1975, it was agreed by the TNAI council that one student
representative be included in the state branch executive committee on trial basis before the
students are included in the TNAI council as representatives of SNA.

Objectives -
To help students to uphold the dignity and the ideals of the profession for which they are
qualifying.
To promote a corporate spirit among students for common good.
To furnish nurses in training with advice in their courses for study leading up to professional
qualifications in all its different branches and aspects.
To increase the social contacts in order to help in the world where they have finished
training.
To develop leadership skills and help students gain a wide range of knowledge of the nursing
profession in all its different branches.
To encourage both professional and recreational meetings, games and sports.
To provide a special section in The Nursing Journal of India for the benefits of the students.
To encourage students to compete for prizes in the student nurses’ competitions.

Activities
1. Organization of meetings and conferences: the first SNA was held in 1951 and the first
biennial SNA conference was held at Nagpur in 1961. A 3 to 4 days conference is held for
SNA members biennially. Organizing meetings and conferences at all levels is one of the
important activities, which provide a forum for the members to discuss and find solutions for
various problems faced by the students.
2. Maintenance of SNA diary: The SNA diary was instituted in 1939. This is a biennial record
book drawn up for the use of unit secretaries. Diaries are assessed annually by state SNA
advisors and the two best diaries are sent to national SNA advisors for biennial evaluation
and awards. These diaries are assessed keeping in view the unit activities, viz. professional,
educational, extracurricular and social, cultural and recreational.
3. Exhibition: It is the oldest, useful and very popular activities of the association. The first
exhibition was inaugurated in 1933. All categories of the students are eligible to participate
either individually or in groups. They can prepare models, charts and posters on the subjects
taught in their course of studies. The guidelines for the activity are published in the Nursing
Journal of India three to four months prior to the conference.
4. Public speaking and writing: Public speaking and writing are encouraged at all levels for
two reasons—to increase self confidence in the students and to help them gain skill in
communication. In order to achieve this, the association arranges delegates, panel
discussion, seminars and extempore speeches.
5. Project undertaking: It is a recent idea which is gaining popularity among nursing
students. The students undertake community projects such as school health project, health
survey, nutrition survey, etc. home nursing and getting specific projects like medical camp,
immunization, etc. at the time of celebration of international nurses’ day.
6. Propagation of nursing profession: To acquaint the general public with the nursing
profession, general public is invited to the celebrations and festivities of professional and
non-professional nature such as nurse’s week, world health day, capping and graduation
ceremonies, etc.
7. Fund raising: It is done by getting voluntary donations, sale of donation tickets and
arranging some features.
8. Socio-cultural and recreational activities: young students, energy can be channelled
effectively into fine arts like dance, dramatics, music and paintings and competitions are
arranged at the time of conferences.

STUDENT NURSE RESEARCH SOCIETY

The Nursing Research Society of India was established in May, 1986, to promote research
within and around nursing environment. his registered under the Societies Act XX of 1960
with Registrar of Societies, Delhi Administration.

AIMS AND OBJECTIVES

Supports the development of nursing research activities in the universities and nursing
health care institutions.

Provides a platform to nurse scientists to exchange views on nursing research.

Promotes and sponsors scientific meets, seminars and conferences to advance nursing
research.
Creates public interest in the contribution of nursing in promotive, preventive and
restorative activities.
Establishes a Nursing Research Journal of India and brings out other documents pertaining
to innovations in Nursing.

POWER/DUTIES/FUNCTIONS OF THE GENERAL BODY

Shall meet at least once a year.

Shall be able to spend 2/3 of the money in hand on various activities of the society but must
get it approved during the General Body Meeting.

Filling up of the casual vacancies: Vacancies occurring by resignation or otherwise during

middle of the term or before General Body meeting shall be filled on ad-hoc basis by the
Governing Body.

COMMONWEALTH NURSES FEDERATION

The Commonwealth Nurses’ Federation is one of the 17 commonwealth-wide professional

foundations receiving grant from commonwealth foundation.

The Secretariat of the Federation was established in 1973 at Royal Common wealth Society,
London. On that date, the number of member associates was 25, and this number has
increased now.

AIMS AND OBJECTIVES

To further the development of nursing for the benefit of the community in country within
common wealth.

To promote the advances of nurses as profession.

To effect closer links between national nurses association within the common wealth and
support.

To make available expert advice and assistance.

To disseminate professional information for the benefit of Nurses.

To encourage the establishment of scholarship.

To organize commonwealth nurses’ conferences from time to time.

To encourage establishment of national nurses association in those commonwealth where

none exists.

To cooperate with other commonwealth professional associations.

AMERICAN NURSES ASSOCIATION (ANA)

It was established in 1911.

Purposes -
To improve quality of nursing care.

Activities -
Establish standards for nursing care.
Develop educational standard.
Promote nursing research.
Establish a professional code of ethics.
Oversee a credentialing system.
Influence registration affecting health care.
Protect the economic and general welfare of registered nurses.
Assist with professional development of nurses by providing continuing education program.

ORGANIZATION OF ANA -
American Academy of Nursing - To serve the public and nursing profession by advancing
health policy and practice through the generation, synthesis, and dissemination of nursing
knowledge.
American Nurses Foundation, the charitable and philanthropic arm.
American Nurses Credentialing Centre, which credentials nurses in their specialty and
credentials facilities that exhibit nursing excellence.
NURSE MANAGERS ROLE IN COLLECTIVE BARGAINING –
Nurse managers should evaluate their management skills and take continuing education
courses to improve them.
Motivational techniques are important for the nurse administrators to possess because they
work through others. They must listen carefully to staff concerns and represent staff
associates wishes to top management. the nurse administrators need to know about the
labour relations.
The director of nursing should not serve as the chief negotiator during collective bargaining
because it would put the director in adversary role.
The agency legal representative is usually the negotiator. During negotiations the director of
nursing defines what is best for nursing care of patients once the contract has been
negotiated, the nurse manager must learn the terms of the contract and have copies of the
contract available to them.

STRUCTURE FOR NURSE BARGAINING –

The Approach Used by NLRB is that the appropriateness of the bargaining unit is on the basis
of the community of interest of the employees involved.
Those who have the same interests concerning wages, hours and working conditions are
grouped together in a bargaining unit.
For checking the appropriateness of the unit, the following are concerned:
 Any history of collective bargaining
 Desires of employees concerned
 Extent to which the employees are organized.

Further employers must refrain from the following, NLRB (1997):

 Threatening employees with the loss of jobs, if they will vote for the union.
 Threatening to close down a plant if the union should be organized in it.
 Spying on union gatherings.
 Granting wages increases deliberately timed to discourage employees from forming
or joining a union.

Labor unions also must abide by the rules designed to impose order and fairness into the
process. Prohibition union actions include:
  Mass picketing.
 Acts of force or violence on the picket line or in connection with a strike.
 Threats to do bodily injury to non-striking employees.
 Threats to employees that they will lose their jobs unless they support the union
activities.
 Statement to the employers who oppose the union tyat the employees will lose the
jobs if the union wins a majority in the plant.
 Fining or expelling members for crossing a picket line violates the no strike
agreement act.
 Expelling the members for filing unfair labour Practice charges with the board or for
participating in an investigation conducted by the board.

TODAY’S GREATEST THREAT –

Small state nurses’ association with weaker program have recently withdrawn from
collective bargaining.
Fragmenting the nursing profession and eroding the effectiveness of nursing organization.
Nursing economics and practice are two side of same coin, economic increase automatically
increases quality of care also.
Terms and conditions of employment are mandatory issues.
No cooperation among nurses.
Health care cost is increased.
Inadequate staffing pattern.
Advance technology.

RESEARCH ARTICLE
The impact of collective bargaining on employment and wage inequality: Evidence from a
new taxonomy of bargaining systems
Abstract
To study the link between different types of collective bargaining systems and employment,
unemployment and wage inequality, I use a novel taxonomy of bargaining systems in 36
OECD countries between 1980 and 2015. The results show that coordinated bargaining
systems are associated with higher employment, better integration of vulnerable groups and
lower wage inequality than fully decentralized systems. Uncoordinated centralized systems
perform similarly in terms of unemployment to fully decentralized systems but are
associated with higher employment and lower wage inequalities. These results suggest that
the link between decentralization and good labour market outcomes is more nuanced than
previously suggested.
BIBLIOGRAPHY –
BT Basvanthappa. Nursing Administration’, 1st edition. Jaypee Brothers Medical Publishers.
Buidens, Wayne, and others. “Collective Gaining: A Bargaining Alternative.” Phi Delta Kappan
1981.
Deborath lorrenti. “Nursing Practice Implications for Nurse Educators”, the journal of
continuing education in nursing.