What Is the Collective Bargaining Process?
Summary
TLDRIn this informative video, Jessica Miller Merrell, founder of Workology, delves into the collective bargaining process, a collaborative negotiation between employees and their union for better employment terms. She outlines the three stages of this process: identification of needs, negotiation, and contract administration, emphasizing the importance of a Collective Bargaining Agreement (CBA). The video provides insights into the structure of a CBA, including mandatory, permissive, and illegal sections, and offers a sample CBA for further study. With a focus on HR leaders, this video is a valuable resource for those preparing for HRCI and SHRM certification exams.
Takeaways
- 🤝 Collective bargaining is a negotiation process between employees and their union to determine terms of employment, such as pay, scheduling, and benefits.
- 👥 The process involves two main parties: management (often including HR leaders) and the union representatives.
- 📝 A collective bargaining agreement (CBA) is the result of the negotiation process, aiming for a mutual decision that benefits both the business and the employee group.
- 🚗 The script compares collective bargaining to buying a car, emphasizing the negotiation and agreement stages.
- 📅 The process includes an identification stage where both parties determine their needs and set a timeline for reaching an agreement.
- 🔄 The negotiation stage involves back-and-forth discussions, with the possibility of heated debates and revisiting negotiations at a later date.
- 📑 Contract administration is the final stage where the agreed terms are documented and signed, forming a binding contract known as the CBA.
- 🔗 The CBA has a defined beginning and end, and it serves as a guideline for handling situations or challenges during its duration.
- 📋 The CBA consists of mandatory, permissive, and illegal sections, with mandatory sections required by the National Labor Relations Board (NLRB).
- 🚫 Illegal sections of a CBA include clauses that promote discrimination or restrict hiring to union members only, which can lead to legal issues.
- 👀 Before signing, the CBA is reviewed by legal experts from both the employer's and the union's side to ensure all terms are acceptable and legal.
Q & A
What is the purpose of collective bargaining?
-The purpose of collective bargaining is for employees, often represented by a union, to negotiate terms of employment such as pay, scheduling, employee benefits, and work-life balance with the management of their employer.
Who are the two main groups involved in the collective bargaining process?
-The two main groups involved in the collective bargaining process are the management, which usually includes executive leaders and Human Resources, and the union representatives, who are the executive leaders of the union involved in the negotiation process.
What is a Collective Bargaining Agreement (CBA)?
-A Collective Bargaining Agreement (CBA) is the agreement reached between the management and the union, which outlines the terms and conditions of employment for the represented employees.
How does the collective bargaining process compare to buying a car?
-The collective bargaining process is similar to buying a car in that it involves two parties negotiating to reach a mutual agreement. It includes stages of identification of needs, negotiation of terms, and contract administration, much like the stages of deciding on a car, negotiating its price and features, and finalizing the purchase.
What are the three stages of the collective bargaining process?
-The three stages of the collective bargaining process are identification, where both parties determine their needs and set a timeline; negotiation, where parties discuss and compromise on the terms; and contract administration, which involves finalizing and signing the agreement.
What is the role of HR in the collective bargaining process?
-In the collective bargaining process, HR often plays a role in representing the management side, participating in the conversations and negotiations regarding employment terms and conditions.
What is included in the mandatory section of a CBA?
-The mandatory section of a CBA includes topics required by the National Labor Relations Board, such as grievance procedures, benefits, perks, schedules, and attendance policies.
What are permissive sections in a CBA?
-Permissive sections in a CBA are not mandatory but may include additional items that the parties agree to include, such as outlining the union's employee board of directors or general communication methods between the union and employees.
What constitutes the illegal section of a CBA?
-The illegal section of a CBA includes terms that are not allowed, such as clauses that would allow the union to dictate hiring practices or introduce any form of legal discrimination.
How can one obtain a sample of a Collective Bargaining Agreement (CBA)?
-A sample of a Collective Bargaining Agreement (CBA) can be obtained by joining the HR certification study group on Facebook or visiting HRcertificationstudygroup.com, where it is available in the file section.
Who is Jessica Miller Merrell and what is her role in this context?
-Jessica Miller Merrell is the founder of Workology and the creator of the 'Ace the HR Certification Exam'. In this context, she is the presenter of the video discussing the collective bargaining process.
Outlines
🤝 Understanding Collective Bargaining
This paragraph introduces the concept of collective bargaining, which is a process where employees, often represented by a union, negotiate their employment terms with employers. Jessica Miller Merrell, the founder of Arcology, sets the stage for discussing the collective bargaining process, its importance for HR leaders, and its relevance to HRCI and SHRM certification exams. The paragraph outlines the mutual goal of reaching a collective bargaining agreement (CBA) that benefits both the business and the employee group. It also describes the two main parties involved in the process: management, which may include HR representatives, and the union members, who are involved in the negotiation and mediation process.
📝 The Collective Bargaining Agreement (CBA) Structure
The second paragraph delves into the structure and components of a collective bargaining agreement (CBA). It explains that a CBA is a binding contract that outlines the terms and conditions agreed upon by both the union and the employer for a specified period. The paragraph details the three parts of a CBA: mandatory subjects required by the National Labor Relations Board (NLRB) such as grievance procedures and schedules, permissive subjects that are not required but can be included such as union communication methods, and illegal subjects that are prohibited, like discriminatory hiring practices. The paragraph also emphasizes the importance of legal review before signing a CBA and provides a resource for viewers to access a sample CBA through the HR certification study group on Facebook or their website. Jessica Miller Merrell concludes by inviting feedback and suggestions for future topics.
Mindmap
Keywords
💡Collective Bargaining
💡Union
💡Collective Bargaining Agreement (CBA)
💡Management
💡Identification
💡Negotiation
💡Contract Administration
💡Grievance Procedures
💡Mandatory, Permissive, and Illegal Sections
💡National Labor Relations Board (NLRB)
💡Legal Review
Highlights
Collective bargaining is a negotiation process between employees and their union to determine terms of employment.
The collective bargaining process is aimed at reaching a mutual decision beneficial to both the business and the employee group.
There are two main parties involved in the collective bargaining process: management and the union representatives.
The process involves three stages: identification, negotiation, and contract administration.
Identification involves both parties determining their needs and setting a timeline for reaching an agreement.
Negotiation is the stage where parties discuss and compromise on the terms such as pay, benefits, and working conditions.
Contract administration is the final stage where the agreed terms are documented and signed, forming a binding agreement.
A Collective Bargaining Agreement (CBA) is a binding contract with a specified beginning and end date.
The CBA contains mandatory, permissive, and illegal sections, with mandatory sections being required by the NLRB.
Mandatory sections of a CBA include grievance procedures, benefits, and schedules.
Permissive sections are not mandatory but can include additional items like union communication methods.
Illegal sections of a CBA are those that are not allowed, such as discriminatory hiring practices.
Before signing, the CBA is reviewed by legal experts to ensure it is legally sound and beneficial for both parties.
The CBA serves as a guidepost for handling potential situations or challenges during its duration.
An example of a CBA can be found in the HR certification study group on Facebook or on their website.
The collective bargaining process is common and essential for HR leaders to understand for HRCI and SHRM certification exams.
Jessica Miller Merrell, the founder of Workology and creator of the Ace the HR Certification Exam, provides insights on the collective bargaining process.
Engagement with the audience is encouraged for thoughts, ideas, and suggestions on future topics related to collective bargaining.
Transcripts
collective bargaining it's a process
where employees work with a union to
negotiate their terms of employment
things like pay scheduling hours
employee benefits family balance and
more today we're diving into the subject
of the collective bargaining process
together
my name is Jessica Miller Merrill I'm
the founder of arcology and the creator
of the ace the HR exam today we're
talking about the collective bargaining
process what HR leaders need to know
when it comes to collective bargaining
and working with unions for their hrci
and Sherm certification exams are you
ready let's get started
the process of collective bargaining is
really to come to a mutual decision and
conclusion that benefits
the business and the employee group or
employees that are represented by a
union
normally you have two different groups
of people who are involved in the
collective bargaining process to come to
an agreement which is called a
collective bargaining agreement or CBA
those are members of management which is
normally executive leaders oftentimes
Human Resources is involved in these
conversations I know I have one I've
been involved in collective bargaining
agreements and then you normally have
the second group which is members of the
union and these are not necessarily the
reunion rep but executive leaders of the
Union who are part of the mediation and
negotiation process
foreign
collective bargaining is a lot like
buying a car or maybe purchasing your
home there are three different steps but
it involves again two different parties
so let's think about buying a car it is
you
and your family member and then the
second group which is your salesperson
same thing when it comes to collective
bargaining you have the organization and
then the individual but they are
represented it's many individuals who
are represented by a member or
representative of the Union so the three
different stages that you have is
identification so that's stage one and
that is both groups identifying what
they need what's most important
in terms of compensation time off
benefits working conditions whatever it
might be that is the identification and
then through identification you also set
a timeline when are we going to come to
an agreement or not and be able to walk
away so you do this when you buy a car
right you think about what perks and
benefits of that car do you need not
most do you need two rows or three
hatchback or a trunk these are all
things similar to the identification
process when we're thinking about
collective bargaining step two is
negotiation right so you're wheeling and
dealing you've tested the car you know
that you'll like it now comes the
negotiation
we sat right here in this room and went
over this and over this yeah but that
true code I sat right here and said I
didn't want any true code yeah but I'm
saying that true code you don't get it
you get oxidation problems it'll cost
you a heck of a lot more than 500.
you're sitting there you're talking in
circles you're talking like we didn't go
over this already yeah but this true
coach we had a deal here for 19.5 you
sat there and darned if you didn't tell
me you'd get me this car these options
without the ceiling for 19.5 all right
I'm not saying I didn't you called me 20
minutes ago and said you had it ready to
make delivery it says come on down get
it and and here you are and you're
wasting my time and my wife's time and
and I'm paying 19.5 for this vehicle
here
all right
I'll talk to my boss
you have a price in mind you have floor
mats or not maybe you need cruise
control added to the car whatever it is
these are things that are incredibly
important and you go back and forth
between the salesperson and you and so
those these are the things that happen
in the collective bargaining process you
go back and forth there's some heated
discussions you leave the room come back
at a later date to continue the
negotiation
step three is contract Administration
you have came to an agreement you're
getting your floor mats and your cruise
control on your new three seats three
row sorry SUV
just the same as the union and the
employer have come into the agreement
now the paperwork begins we have to
actually sign the contract and that is
step three
it's the administration piece you have
to go to the finance guy to get the
finance or you're writing a check so you
sign on the dotted line This is a
binding agreement which becomes a
collective bargaining agreement or CBA
so the CBA the collective bargaining
agreement has been signed and that's a
binding contract for a period of time
there's a beginning and an ending to
that contract so the collective
bargaining process is one that happens
quite often
if you would like to see an example of a
collective bargaining agreement you can
go to the HR certification study group
on Facebook or HR
certificationstudygroup.com under the
file section we have a sample collective
bargaining agreement for you this is a
guideline that you're going to use when
you are referencing potential situations
or challenges that come up this is your
guidepost it is your contract that both
the union and you as the organization
have agreed to for the duration of that
particular agreement there are three
different parts to a collective
bargaining agreement there are mandatory
permissive and illegal sections so let's
start with the mandatory these are
topics that are required to be in your
CBI as outlined by the nlrb the National
Labor Relations Board these are
grievance procedures benefits perks
schedules things that you need to know
what happens if someone has attendance
issues there's a process for Grievances
and such and all these things are
included in the mandatory section of
your collective bargaining agreement now
the permissive permissive section that
is subjective right these don't have to
be included and they're additional items
and this could be things like outlining
your employee Board of Directors for the
union or
um really some general things about how
the union communicates with employees
again not mandatory but really
permissive areas and then of course
there's the illegal section of the C
band these are things that are not
allowed and these are things like
clothes shops this is not allowed to and
not allowed to be included in your CBA
and that is when the union only allows
the company to hire people or members of
that Union into their organization or
some form of a legal discrimination so
your CBA has three different sections
really mandatory and permissive are the
most common and included those illegal
things that's what's going to get the
union and you in some hot water with the
National Labor Relations Board
once the terms of the collective
bargaining agreement have been reached
it is a binding contract prior to
actually signing you normally have your
in-house or outside Council for you as
the employer and also for the union
review that contract just to make sure
everything's copacetic it's good to get
more eyeballs particularly legal experts
on these things when it is once it is
signed it is binding for a period of
time from the beginning to the end which
is outlined in that CBA if you're
looking for a copy of a CBA you can join
our HR certification study group on
Facebook under the file section you can
access that just go to HR
certificationstudygroup.com join access
the file section and get your sample CBA
my name is Jessica Miller Merrell and
I'm the founder of workology and the
creator of the ace the HR certification
exam I am so excited that you took time
to watch this video on the collective
bargaining process let me know if you
have any other thoughts ideas
suggestions on future topics
Посмотреть больше похожих видео
OBLICON_GENERAL PROVISIONS ON CONTRACT PART 2
Principled Negotiation: Managing Conflict on Teams
Negotiating internationally with Linda Netsch. Part 1. S2 E8
62 Useful Phrases For Negotiating - Business English (FREE E-Phrasebook)
Product Manager VS Product Owner’s Differences In Responsibilities, Hierarchy, and Salary
The Journey To Becoming A Nurse In Ireland.
5.0 / 5 (0 votes)