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Collective bargaining

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Collective bargaining is a formal negotiation process between employers and groups of employees. The main goal is to reach agreements that regulate important aspects of work life. These include working salaries, working conditions, and various employee benefits. It also covers workers' compensation and legal rights within a company. This process helps establish clear rules for the workplace. By negotiating as a group, workers can address their needs more effectively than they could alone.

BeatriceWebb
BeatriceWebb

The mechanism of collective bargaining relies on organized representation. Most employees belong to a trade union, which provides representatives to speak for the group. These representatives negotiate with management or employers. In some nations, like Austria, Sweden, Belgium, and the Netherlands, employers are represented by specific organizations. The result of these talks is a collective bargaining agreement (CBA) or a collective employment agreement (CEA). This document acts as a labor contract. It typically sets terms for wage scales, working hours, training, and health and safety. It can also include grievance mechanisms and rights to participate in company affairs. Sometimes, parties engage in productivity bargaining. In this type, workers agree to change working practices in exchange for higher pay or job security.

There are different ways these negotiations occur depending on the setting. A union might negotiate with a single employer to represent a specific company's shareholders. Alternatively, a union may negotiate with a group of businesses to reach an industry-wide agreement. In Australia, the focus is often on enterprise bargaining. This allows for flexible conditions tailored to the specific needs of one enterprise. The Fair Work Act 2009 serves as the cornerstone for this process in Australia. It requires "good faith bargaining," meaning all parties must negotiate sincerely. This includes attending meetings, considering proposals, and responding to others in a timely manner.

The history of this practice is quite long. While collective negotiations have existed since the rise of trade unions in the 18th century, the specific term was coined later. Beatrice Webb first used the term "collective bargaining" in 1891. She was a founder of the field of industrial relations in Britain.

BeatriceWebb
BeatriceWebb

In the United States, the legal landscape changed significantly in the 20th century. The National Labor Relations Act of 1935 made it illegal for employers to deny union rights. This act also prevents employers from spying on, harassing, or firing workers for union activity. Earlier, the Railway Labor Act of 1926 already required employers to bargain with unions. In 1962, President John F. Kennedy issued an executive order. This order granted federal employees the right to unionize. However, the legal reach of these rights has faced challenges. In 1979, the Supreme Court ruled in National Labor Relations Board v. Catholic Bishop of Chicago that the NLRB could not assert jurisdiction over church-operated schools. This was to protect the First Amendment and the separation of church and state.

Collective bargaining has significant economic and social impacts. Empirical findings show that union members often receive a wage markup. In industrial countries, this markup is typically between 5 and 10 percent compared to nonunionized workers. Unions also tend to equalize income distribution between skilled and unskilled workers. However, there is a measured economic cost known as deadweight loss. This is estimated to be between 0.2 and 0.5 percent of GDP. In Sweden, the coverage of these agreements is exceptionally high. In 2018, 83 percent of private-sector employees were covered. In the public sector, coverage reached 100 percent. Overall, 90 percent of the Swedish labor market was covered by these agreements.

On a global scale, collective bargaining is recognized as a fundamental human right. Article 23 of the Universal Declaration of Human Rights identifies the ability to organize trade unions as a right. The International Labour Organization also protects this through several conventions. These international standards encourage countries to respect the freedom of association. Even with these protections, the scale of use varies. In the OECD, only one in three employees has wages agreed upon through collective bargaining. The OECD supports these processes to help ensure that falling unemployment leads to higher wages.

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