What is collective bargaining?
Its the process of negotiation between an Employer or its representatives and a Workers TU to resolve issues arising out of a contract of employment.
What are the 3 stages of negotiation?
- preparing to negotiate
- negotiating
- concluding negotiations
Who has the capacity to negotiate?
It is only Unions who have been granted a CB Certificate that can commence a bargaining process with an Employer or its Representatives.
What shall the application for CB certification contain?
- The description of the class of workers in respect of whom the application is made
- Their estimated number
- The number of workers of that class who are members of the TU making the application
What are the effects of issuing a CB certificate?
- The TU holding the certificate has the power to negotiate on behalf of the Class of Workers identified on the certificate.
- The certificate shall have effect notwithstanding that some of the workers of the class specified are not members of the TU appointed under the certificate
How can certificates be varied?
It may be varied by amending the class of workers identified on it, after consultation with the trade union or employers’ association
How can the certificate be amended?
An amendment could be by:
1. Excluding some class of workers
2. Including some class of workers
What is union pluralism?
This is a situation where there are multiple unions within an organization
What are the two types of negotiating committees?
Standing Negotiating Committee or
Standing Joint Negotiating Committee
What are the constituents of a standing negotiating committee?
- Representatives nominated by a TU appointed in a certificate; and
- The Employer of the worker’s class indicated in the certificate who is authorized to conduct negotiations on their behalf.
What is a standing joint negotiating committee?
A Body made up of Representatives of:
1. 2 or more TUs and
2. 1 or more TUs and Employer’s Representative
3. established for purposes of collective bargaining and
4. authorised to enter into collective agreements on their behalf.
What are the powers and functions of a standing committee?
- it has the authority to conduct negotiations
- It is empowered to make rules governing its procedure.
- It has the power to appoint Sub-Committees to which it may delegate any of its functions under the Act.
what is the process for bargaining?
- Negotiations can also be done by an officer or a member of a TU who is duly appointed by his or her TU.
- The notice must also be served
- The Agreement reached must be in writing and signed by the negotiating parties.
- They can also make rules governing the procedure for their negotiations.
What are some major rules for the bargaining process?
- Once a notice is served by either party, the negotiations must commence in 14 days
2.where it involves a collective agreement, parties must negotiate in good faith and come to an agreement - False or fraudulent misrepresentations on matters relevant to the collective agreement should not be made
- parties must disclose all relevant information to the other during negotiations of a collective agreement
What is a collective agreement?
It’s an agreement reached and executed between a TU representing a class of workers and an EA on the terms and conditions of employment of workers.
What should a collective agreement contain?
- The class of workers in respect of whom the CA was made.
- The conditions of work (hours of work, rest period, meal breaks, annual leave, occupational health and safety measures).
- The remuneration and the method of calculating the remuneration of workers.
- The period of probation and conditions of probation
- The period of notice of termination of employment, transfer and discipline.
- Grounds for dismissal etc.
- Grievance procedures
Who are the parties involved in the bargaining process?
- Employers or their Representatives
- Trade Union
