Kochan, and john calhoun wells since the passage of the national labor relations act in 1935, collective bargaining has been the primary means by which u. Collective bargaining systems and workers voice arrangements in. Read this essay to learn about collective bargaining. Five challenges facing collective bargaining in south africa. D abstract the issues and conditions of employment has remained contentious and challenging to most industrial organizations especially in africa. Essay on collective bargaining your article library. Nov 16, 2014 the performance of collective bargaining in nigeria is deemed to be relatively poor and this can be attributed to the sometimes conflicting roles of government as, both employer and regulator. Types of collctive bargaining forms tactics and process. Management, faculty of business administration, university of lagos, nigeria.
A collective agreement is defined in the labour relations act as a written agreement concerning any term and conditions of employment made between a trade union and an employer, group of employers or organisation of employers a collective bargaining process precedes this. Nigerian labour law provides for automatic recognition. Introduction for a long time now, the practice of collective bargaining has been going on in nigeria, both in the private and public sectc. The objective of the paper is to highlight the weaknesses of the legal framework within which collective bargaining operates in nigeria. However, in nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. Collective bargaining is a process of negotiating between management and workers represented by their representatives for determining mutually agreed terms and conditions of work which protect the interest of both workers and the management. Collective bargaining in nigerias public health sector by. Introduction this article explains the trends in south africas collective bargaining system over the past 20 to 30 years. The trade union through its leadership bargains with the employer on behalf of union members rank and file members, and negotiates labour. According to dale yoder, collective bargaining is essentially a. How do labor and management view collective bargaining. However, in nigeria, the public sector pays lipservice to the collective.
Collective bargaining is the acknowledged best mechanism to agree on terms and conditions of employment. Then follow the principles of voluntary negotiation and good faith, the intervention of the authorities and the particular case of the public service. In european countries, mixed forms of voice, combining both representation. Collective bargaining in nigerias public health sector. Pdf industrial peace and harmony are important in minimizing conflicts in. Collective bargaining trends in south africa and contemporary challenges. Collective bargaining and conflict resolution in nigerias. Pdf reflections on collective bargaining in south africa. This study is significant in the sense that it draws attention to a major source of industrial conflict which manifests itself in the form of strike action in the public sector in nigeria. Ghosi this paper attempts to analyze the theoretical and empirical literature relating to collective bargaining in public and private sectors in nigeria. Koyonda, enforcement of collective agreements in nigeria.
South africa has one of the most progressive labour relations frameworks in the world that provides for structured and orderly collective bargaining. Collective bargaining as tool for industrial harmony the. Collective bargaining as one of the processes of industrial relations performs a variety of. There is a legal concept of collective agreement in art. Practical nurses merged to form a federation, the norwegian union of municipal and general. Mar 29, 2016 oshinowo maintained that lack of legal instrument for collective bargaining at the state level is responsible for both the nigeria labour congress nlc and trade union congress tuc going to the. The state of collective bargaining in south africa an empirical and conceptual study of collective bargaining shane godfrey jan theron margareet visser labour and enterprise policy research group university of cape town shane. Negotiation between organized workers and their employer or employers to determine wages, hours, rules, and working conditions. Changes in the coverage of sectoral collective agreements 17. Under it, the economic issues like wages, salaries and bonus are discussed. If management recognises the employees chosen representatives as a bargaining partner of equal standing, this may help.
Trade union proliferation and strike actions in the public. Difference between cba collective bargaining agent. What is collective bargaining joshoyin 2007 define collective bargaining as a machinery for discussion and negotiation whether formal or informal, between employers and workers, representatives, aimed at reaching mutual agreement or understanding on the employers and the worker, according to glueck. The process through which alabor unionand an employer negotiate the scope of the employment relationship a collective bargaining agreement is the ultimate goal of the collective bargaining process. Dec 27, 2014 collective bargaining is the negotiation process that takes place between an employer and a group of employees when certain issues arise. The state of collective bargaining in south africa an. Collective bargaining results in a collective bargaining agreement cba, a legally. Collective bargaining 101 what is collective bargaining. That is the essence of collective bargaining which could result in a collective agreement. To the best of our knowledge, our paper is the rst to address this important question, in particular from a causal perspective. Collective bargaining is failing in south africa because the parties to the process have failed to seek ways of achieving inclusive social development and of balancing the requirements of a competitive economy, the imperative for employment creation and the achievement of an ecologically sustainable environment. Aug 27, 2009 article 2 of the right to organise and collective bargaining convention of 1948 which defines collective bargaining is virtually replicated in the trade disputes act of nigeria. Finally, a summary of the principles is presented along with some. Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers compensation and rights for workers.
Successful collective bargaining is crucial to the attainment of industrial peace in nigeria. In the case of singleemployer bargaining, the parties may share a common interest in the prosperity of the enterprise. Firstly, the primary condition for the successful process of collective bargaining is the existence of well. Despite the fall in trade union density and collective bargaining coverage in. The general unenforceability of collective agreements. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. Putting the problem in perspective in nigeria today, strike has become a household name, industrial conflicts that can be resolved via collective bargaining often degenerate to industrial action leading to loss of working hours. What is collective bargaining joshoyin 2007 define collective bargaining as a machinery for discussion and negotiation whether formal or informal, between employers and workers, representatives, aimed at reaching mutual agreement or understanding on the employers and the worker, according to glueck 1982 collective. Inadequate attention has been paid to trade union proliferation as a fundamental source of industrial conflict in nigerias public sector. Nigeria niue norfolk island north macedonia northern mariana islands. Hence, it advocates a paradigm shift from the thrust of collective bargaining in nigeria which usually centers on matters relating to compensation, to equally germane issues such as, infrastructure development, capacity building and. It offers workers the advantage of being able to speak with one voice. The performance of collective bargaining in nigeria is deemed to be relatively poor and this can be attributed to the sometimes conflicting roles of government as, both employer and regulator. This is the main aim of the whole thesis and the primary reason for this research is to study the union efforts for wages and nonwages benefits of workers.
Collective bargaining is the process of negotiation between. Problems and prospects of collective bargaining in the eec member. Legislation and agreement combine in various ways to achieve this. This is because, according to them, collective bargaining in the public sector in nigeria which started with hunt commission of 1934 merely modified bargaining relationship, the structure and. A comparative study between belgium and south africa by sandrine anne vauthier submitted in part fulfilment of the requirements for the degree of master of laws at the university of south africa supervisor. Industrial relations in the oil industry in nigeria. Oshinowo maintained that lack of legal instrument for collective bargaining at the state level is responsible for both the nigeria labour congress nlc and trade union congress tuc going to. Collective bargaining and nonstandard forms of employment ilo. Feb 08, 2017 south africa has one of the most progressive labour relations frameworks in the world that provides for structured and orderly collective bargaining.
In the nigerian context, collective bargaining is a form of direct intervention. It is also a powerful forum to achieve a cordial relationship between employers and employees. Collective bargaining definition, meaning, examples, and. Article 2 of the right to organise and collective bargaining convention of 1948 which defines collective bargaining is virtually replicated in the trade disputes act of nigeria. The benefits of collective bargaining for professional and. Aiyede development policy center, ibadan, nigeria abstract economic reforms and the quest for ef. It involves haggling over the distribution of surplus. The legal framework of collective bargaining in the. This is because, according to them, collective bargaining in the public sector in nigeria which started with hunt commission of 1934 merely modified bargaining relationship, the structure and scope of collective bargaining. This paper is directed at exploring the legal framework of collective bargaining in the nigerian public sector using a process approach.
The government has been directly appointing wage commissions in the. Pdf on jan 1, 2011, john opute and others published the. A collective bargaining process generally consists of four types of activities distributive bargaining, integrative bargaining, attitudinal restructuring and intraorganizational bargaining. Recent issues regarding collective bargaining and conditions. Nigerian labour law provides for automatic recognition of trade unions for collective bargaining purposes. The trade union through its leadership bargains with the employer on behalf of union members rank and file members, and negotiates labour contracts collective bargaining with employers. Collective bargaining constitutes an important means by which workers seek to satisfy their economic and social interests.
The benefits of collective bargaining for professional and technical workers introduction collective bargaining is a form of employeremployee relations that allows employees to be heard in the workplace on issues that affect them. Pdf the emergence of collective bargaining structures in a. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising under it. This is a written agreement between the employer and the employees or with the involvement of an employee representative which reflects the matters. Collective bargaining is the formal process of negotiation between an employer and a group of employees often with their union representative that sets the terms and conditions of work. The collective bargaining is the process wherein the unions representatives of employees or workers and the employer or their representative meet to discuss on the issues related to wage, the number of working hours, work environment and the other terms of the employment. Ilo principles concerning collective bargaining 35 collective bargaining, the workers and subjects covered will first be set out. It is therefore appropriate that the former secretary of labor should provide an essay on the evolution of collective bargaining. Decentralizing public sector collective bargaining and the contradictions of federal practice in nigeria emmanuel r.
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