11/17/2014

1.Identifymandatory,voluntary,andillegalcollectivebargaining

issuesandcommoneconomicandnon‐economicreasons

hin



inin

.

CompetenciesCompetencies

ManagingHospitalityHumanResources

Chapter11:NegotiationandCollectiveBargaining

be d ba ga g

2.Describehowmanagersshouldprepareforcollective

bargaining,chooseanegotiationteam,andselectabargaining

strategy.

3.Differentiatebetweenmediationandarbitrationandexplain

howtheymayaffectnegotiations.

4.Describetheroleofstrikesincollectivebargaining,define

varioustypesofstrikes,andoutlinepossiblemanagement

responses to strikes

Competencies(Competencies(con’tcon’t))

responses



strikes

.

5.Identifymajorsourcesofgrievances,describetypical

grievanceprocedures,andoutlinehowtoprevent

grievancesatunionproperties.

6.Explainhownon‐unionpropertiescanaddressgrievance

procedures

BargainingIssues

•Managementandtheunionmustbargainin

goodfaith

–“mandatory”bargainingsubjects

•thosethatdirectlyaffecttheemploymentrelationship

Cll i Bii

•

ect

ve

arga

–thenegotiationprocessbetweenunionsand

managementwhencontractsaredeveloped

–wastoencouragebothsidestohashouttheir

differences

–goaltoreducethenumberanddurationof

cripplingstrikesinthenation

BargainingIssues

•Onlymandatoryissuesrequirebargaining;

otherissuescanbe

–Volu nta rybargainingissues

•issuesthatbothsideswanttodiscussduringthe

collective bargaining

process

collective



bargaining



process

–Illegalbargainingissues

•issuesthatareprohibitedbylawfromcollective

bargainingnegotiations

•Animpasse canbedeclaredifbothsidesmaintaina

consistentefforttobargainingoodfaith,butcannot

reachagreement.

Whilenewissuesmaybedeclaredmandatorybyacourt

decision,themostcommonmandatoryissuesinclude:

•Wages

•Hoursofwork

•Grievanceprocedures

•Seniority

MandatoryIssues

•Incentivepay

•Overtime

•Employeelayoffsandrecalls

•Unionsecurityclauses

•Managementrightsclauses

•Safety

•Benefits

•Retirement

•No‐strikeclauses

•Drugtesting

•Supervisorycompensation

Sidi i li

Voluntar yIssues

•AlsocalledPermissiveBargainingIssues

include:

•

uperv

sory

•Perform ancebondsforunionor

management

•Contractratificationprocess

•Companypriceorproductissues

Partial preview of the text

Download Lecture Slides on Negotiation and Collective Bargaining | HTM 560 and more Study notes Human Resource Management in PDF only on Docsity!

1.Identify mandatory, voluntary, and illegal collective bargaining issues and common economic and non‐economic reasons behind bargaining.

CompetenciesCompetencies

Managing Hospitality Human Resources

Chapter 11: Negotiation and Collective Bargaining be d ba ga g 2.Describe how managers should prepare for collective bargaining, choose a negotiation team, and select a bargaining strategy. 3.Differentiate between mediation and arbitration and explain how they may affect negotiations. 4.Describe the role of strikes in collective bargaining, define various types of strikes, and outline possible management responses to strikes

CompetenciesCompetencies ((con’tcon’t))

responses to strikes. 5.Identify major sources of grievances, describe typical grievance procedures, and outline how to prevent grievances at union properties. 6.Explain how non‐union properties can address grievance procedures

Bargaining Issues

• Management and the union must bargain in

good faith

– “mandatory” bargaining subjects

those that directly affect the employment relationship

• C llCollective i BB argainingi i

– the negotiation process between unions and

management when contracts are developed

– was to encourage both sides to hash out their

differences

– goal to reduce the number and duration of

crippling strikes in the nation

Bargaining Issues

• Only mandatory issues require bargaining;

other issues can be

– Voluntary bargaining issues

issues that both sides want to discuss during the collective bargainingcollective bargaining processprocess

– Illegal bargaining issues

issues that are prohibited by law from collective bargaining negotiations

• An impasse can be declared if both sides maintain a

consistent effort to bargain in good faith, but cannot

reach agreement.

While new issues may be declared mandatory by a court decision, the most common mandatory issues include:

Wages
Hours of work
- Grievance procedures
- Seniority

Mandatory Issues

Incentive pay
Overtime
Employee layoffs and recalls
Union security clauses
Management rights clauses
- Safety
- Benefits
- Retirement
- No‐strike clauses
Drug testing

• Supervisory compensation

S i di i li

Voluntary Issues

• Also called Permissive Bargaining Issues

include:

• Supervisory discipline

• Performance bonds for union or

management

• Contract ratification process

• Company price or product issues

Any practice that violates Equal Employment Opportunity laws (discriminatory hiring or promotion practices, for instance)

Illegal Issues

• Issues that both sides are prohibited from

bringing to the bargaining table include:

Closed‐shop agreements
Featherbedding
Union or agency shop clauses in states with right‐to‐work laws

• Wages

• Pay ranges for

• Profit sharing

• Bonus plans

Economic Reasons Behind Bargaining

• When bargaining occurs for economic reasons

including:

• Pay ranges for

different jobs

• Management

discretion in pay ranges

• Wage adjustments

due to inflation

• Bonus plans

• Pensions

• Insurance coverage

and benefits

• Holidays, vacations,

personal days, sick pay

Non Economic Reasons Behind

Bargaining

• Recently, non‐economic issues have become more

important to both unions and management

• • Management may wantManagement may want management rightsmanagement rights clausesclauses

give management the right to control products and services the company makes or delivers, and the right to determine the method and use of employee discipline

• Unions want contracts to include just cause clauses

specific guidelines for employee discipline or termination

Choosing a Negotiation Team

• The union negotiation team is usually

the business agent, some employees and stewards, a lead negotiator, and an officer of the local union

• The management negotiation team is usually

the head HR, an attorney, and often a consultant trained in collective bargaining negotiations

• Each side designates a chief negotiator, who has the

final authority during negotiations

• Issues discussed in the bargaining room should

remain private during negotiations

Negotiation Strategies

• Distributive bargaining

– when management and the union conflict over a

major issue

• Integrative bargaining

– when the two sides are not in direct conflict over

an issue and both sides have something to gain

from the resulting decision

• Attitudinal structuring

– involves one or both sides attempting to establish

either a positive or negative impression in order to

manipulate or influence the other

Negotiation Strategies

• Intraorganizational bargaining

– involves negotiators “selling” the agreements they

reach to their own constituents

• Boulwarism

– management presents the final offer early in

negotiations and refuses to vary from it, while

directly influencing the employees to accept it

Preventing Grievances

• Any time an action occurs requiring discipline, a

manager should first document the facts in their

entirety

• Most progressive discipline policies have a minimum

of four steps

oral warning, written warning, suspension, and discharge

• Under most union contracts, union members have

the right to have a union representative present

during investigation

when management examines facts surrounding an event

Lecture Slides on Negotiation and Collective Bargaining | HTM 560, Study notes of Human Resource Management

Related documents

Partial preview of the text

Download Lecture Slides on Negotiation and Collective Bargaining | HTM 560 and more Study notes Human Resource Management in PDF only on Docsity!

CompetenciesCompetencies

Managing Hospitality Human Resources

CompetenciesCompetencies ((con’tcon’t))

Bargaining Issues

• Management and the union must bargain in

good faith

– “mandatory” bargaining subjects

• C llCollective i BB argainingi i

– the negotiation process between unions and

management when contracts are developed

– was to encourage both sides to hash out their

differences

– goal to reduce the number and duration of

crippling strikes in the nation

Bargaining Issues

• Only mandatory issues require bargaining;

other issues can be

– Voluntary bargaining issues

– Illegal bargaining issues

• An impasse can be declared if both sides maintain a

consistent effort to bargain in good faith, but cannot

reach agreement.

Mandatory Issues

• Supervisory compensation

S i di i li

Voluntary Issues

• Also called Permissive Bargaining Issues

include:

• Supervisory discipline

• Performance bonds for union or

management

• Contract ratification process

• Company price or product issues

Illegal Issues

• Issues that both sides are prohibited from

bringing to the bargaining table include:

• Wages

• Pay ranges for

• Profit sharing

• Bonus plans

Economic Reasons Behind Bargaining

• When bargaining occurs for economic reasons

including:

• Pay ranges for

different jobs

• Management

discretion in pay ranges

• Wage adjustments

due to inflation

• Bonus plans

• Pensions

• Insurance coverage

and benefits

• Holidays, vacations,

personal days, sick pay

Non Economic Reasons Behind

Bargaining

• Recently, non‐economic issues have become more

important to both unions and management

• • Management may wantManagement may want management rightsmanagement rights clausesclauses

• Unions want contracts to include just cause clauses

Choosing a Negotiation Team

• The union negotiation team is usually

• The management negotiation team is usually

• Each side designates a chief negotiator, who has the

final authority during negotiations

• Issues discussed in the bargaining room should

remain private during negotiations

Negotiation Strategies

• Distributive bargaining

– when management and the union conflict over a

major issue

• Integrative bargaining

– when the two sides are not in direct conflict over

an issue and both sides have something to gain

from the resulting decision