COLLECTIVE BARGANING

I. INTRODUCTION
Other than the continuing argument about the appropriate education for nurses,
collective bargaining is the most controversial and divisive issue in nursing. Some
believe that collective bargaining reduces the professionalism of nursing; others view
it as a mechanism to prevent employers from exploiting nurses. It has been seen as a
complex legal issue, but dealt with by attorney and other expert, specifically trained to
handle the problem it presents.

There are three types of approaches to labour management negotiations; unilateral,

bipartite and tripartite. In the unilateral approach the employer alone decides the term
and conditions of employment. In the bipartite, the employer negotiates with his
workers. This is known as collective bargaining.

II. HISTORY OF COLLECTIVE BARGAINING

Collective bargaining and unionization have existed in the limited states since
the 1970 people found that by working collectively, they could set wages and
standards for their traders. The Erdmann act, in 1898 was the first federal legislation
to deal with the collective bargaining.

HISTORY IN NURSING

LAWS

1935 - National Labour Relations act came

1947 - Taft Hartley act

1960 - National Labour Relations Board

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 ISSUES

 Absence of procedure for reporting unsafe or poor patient care. Quality

of patient care is number one issue.
 Short staffing and improper skills mix to correspond to patient acuity
and floating without orientation and training.
 Use of temporary personnel and unlicenced assistive personnel and lack
of respect for employee.
 Lack of autonomy and lack of promotional opportunities.
 Lack of professional practice committee and lack of staff development
continuing education.
 Lack of child care and elder care.
 Poor differential for shift work and low wages and limited benefits.
 No pension portability and low morale.
III. MEANING

The phrase collective bargaining consists of two words; collective-implies

group action through its representatives and bargaining - implies negotiation. It is
called collective because both the employer and the employees act as a group rather
than individual. It is described as bargaining because the method of reaching an
agreement involves proposals and counter-proposals, offers and counter offers.

Collective bargaining is a process between employers and employees to

reach an agreement regarding the rights, and duties of people at work. Collective
bargaining aims to reach a collective agreement which usually sets out issue, such as
employees pay, working hours, training, health and safety and rights to participate in
workplace company affairs.

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IV. DEFINITION

"Collective bargaining is an agreement between a single employer or an

association of employers on the one hand and a labour union on the other, which
regulates the terms and conditions of employment"

(Tudwig Teller)

"Collective bargaining is a process of discussion and negotiation between

two parties, one or both of whom is a group of persons acting in concest. More
specifically, is the procedure by which an employer or employers and,' group of
employees agree upon the conditions of work

(The encyclopedia of social science)

"Collective bargaining takes place when a number of work people enter

into a negotiation as a bargaining unit an employer or group of employers with the
object of reaching, an agreement on conditions of the employment of the work People"

(According to J.H. Rishardwon)

V. OBJECTIVES OF COLLECTIVE BARGAINING

Collective bargaining has benefits not only for the present but also for the future. The
objectives of collective bargaining is

1. To provide an opportunity to the workers, to voice their problems on issues

related to employment: Collective bargaining is to arrive at an agreement between
the management and the employees determining mutually beneficial terms and
conditions of employment.
2. To facilitate reaching a solution that is acceptable to all the parties involves and
thereby resolve all conflicts and disputes in a mutually agreeable manner.
3. To develop a conductive atmosphere to foster good organization relations and to
provide stable and peaceful organization (Hospital) relations.

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4. To enhance the productivity of the organization by preventing strikes lock-out ect
and to maintain cordial relation between employer and employee.
5. To promote industrial democracy.
6. To protect the interest of workers and foster and maintain cordial and
harmonious relations between the employer/management and the employees.

VI. CHARACTERSTICS OF COLLECTIVE BARGAINING

1. It is a group process, wherein one group representing the employers, and the
other, representing the employees, sit together to negotiate terms of
employment. Since it is a group action as opposed to individual action and is
initiated through the representatives of the workers
2. Negotiations form an important aspect of the process collective bargaining i.e.
there is considerable scope for discussion, compromise or mutual give and take
in collective bargaining.
3. Collective bargaining is a formalized process by which employers and
independent trade unions negotiate terms and conditions of employment and
the ways in which certain employment-related issues are to be regulated at
national, organizational and workplace levels.
4. Collective bargaining is a process in the sense that it consists of a number of
steps. It begins with the presentation of the charter of demands and ends with
reaching an agreement, which would serve as the basic law governing Labor
management relations over a period of time in an enterprise . Moreover it is
flexible process and not fixed or static Mutual trust and understanding serve as
the byproducts of harmonious relations between the two parties.
5. It a bipartite process. This means there are always two parties involved in the
process of collective bargaining. The negotiations generally take place between
the employees and the management. It is mutual give and take rather than a
leave it or take it method of arriving at the settlement of a dispute. Both parties
are involved in it

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 6. It is a form of participation. It is flexible and mobile, and not fixed or static. It
has fluidity and ample scope for compromise for a mutual give and take, before
the final agreement is reached or the final settlement is arrived at.
7. Collective bargaining is a complementary process i.e each party needs
something that the other party has labor can increase productivity and
management can pay better for their efforts.
8. Collective bargaining tends to improve the relations between workers and the
union on the one hand and the employer on the other.
9. Collective Bargaining is continuous process It enables Industrial democracy to
be effective It uses cooperation and consensus for settling disputes rather than
conflict and confrontation
10. Collective bargaining takes into account day to day changes policies,
potentialities, capacities and interests. It is an industrial democracy at work
11. It is a continuous process, which provides a mechanism for continuing and
organised relationship management and a trade union. It is dynamic and not
static because it is relatively new concept and is growing; expanding and
changing.In the past it used to be emotional, turbulent and sentimental; but
now it is scientific, factual and systematic.
VII. PRINCIPLES

Principle for the management

a. The management must develop and consistently follow a realistic labour

policy, which should be accepted and carried out by its representatives.
b. The management must grant recognisation to the trade union or association
without any reservations and accept it as a constructive force in the
organisations
c. The management should not assure the employee goodwill always exists.it
should periodically examine the rules and regulations to determine the
attitudes and degree of comfort of its employees.

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 d. The management should extend fair treatment to the trade union in order to
make it a responsible and conservative body.
e. The management should not wait for the trade union to bring employee
grievances to its notice.
f. The management should deal only with the one trade union or association
in the organization.
g. While weighing economic consequences of collective in the management
should place greater emphasis on social consideration.

Principles for the trade union

a. Trade union leaders should not imagine that their only function is to secure
higher wages, shorter hours of work and better working conditions for their
members
b. Trade union leaders should assist in the removal of such restrictive rules
and regulation that they are likely to increase costs and prices and prices
and reduces the amount that can be paid out as wages
c. Trade union leaders should appreciate the economic implication of
collective bargaining
d. Trade union leaders should resort to strike when all other methods of the
settlement dispute have failed

Principles for the both union and management

a. Collective bargaining should be made an education as well bargaining

process
b. The management and trade union must look upon collective bargaining as a
means of finding the best possible solutions and not as a means of acquiring
as much as while conceding the minimum
c. Both parties respect each other and should have enough bargaining power

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 d. There must be a mutual confidence and good faith and a desire to make
collective bargaining effective in practice.
e. There must be an honest, able and responsible leadership.
f. The two parties should meticulously observe and abide by all the national
and state level.
g. Both parties must bear in mind the fact that collective bargaining is, in a
sense, a form of price fixation.

VIII. FUNCTIONS

1. It is a rule making or legislative process

A rule making process that is undertaken jointly by representatives of
labour and management in a given agency, organisation of workers to bargain for
working condition. Collective bargaining formulates terms and conditions under
which labour and management will cooperate and work together over a certain
period, as agreed.
2. It is a judicial process
In every collective agreement there is a provision regarding the
interpretation of the agreement and how any difference of opinion about the
intention or scope of a particular clause should be resolved. Such interpretation
can be left to a joint committee of workers and management representatives or to a
third party agreed upon by the trade union and the management.
3. It is a also an executive process
 Both the management and the trade unions attempt to implement the
agreement signed, each taking up a series of obligations under the agreement.

IX. IMPORTANCE OF COLLECTIVE BARGAINING

Collective bargaining includes not only negotiations between the employers
and unions but also includes the process of resolving labor-management conflicts.
Thus, collective bargaining is, essentially. a recognized way of creating a system

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of industrial jurisprudence It acts as a method of introducing owl rights in the
industry, that IS the management should be conducted by rules rather than
arbitrary decision making It establishes rules which define and restrict the
traditional authority exercised by the management
i. Importance to employees
a) It increases the strength of the workforce, thereby. increasing their
bargaining capacity as a group.
b) Collective bargaining increases the morale and productivity of
employees
c) It restricts management's freedom for arbitrary action against the
employees Moreover, unilateral actions by the employer are also discouraged.
d) Effective collective bargaining machinery strengthens the trade unions
movement.
e) The workers feel motivated as they can approach the management on
various matters and bargain for higher benefits.
f) It helps in securing a prompt and fair settlement of grievances. It
provides a flexible means for the adjustment of wages and employment conditions
to economic and technological changes in the industry, as a result of which the
chances for conflicts are reduced.
g) Collective bargaining develops a sense of self-respect and responsibility
among the employees.
ii. Importance to employers
a) It becomes easier for the management to resolve issues at the bargaining
level rather than taking up complaints of individual workers.
b) Collective bargaining tends to promote a sense of job security among
employees and thereby tends to reduce the cost of labor turnover to management.
c) Collective bargaining opens up the channel of communication between
the workers and the management and increases worker participation in decision
making.

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 d) Collective bargaining plays a vital role in settling and preventing
industrial disputes.
iii. Importance to society

a) Collective bargaining leads to industrial peace in the country

b) It results in establishment of a harmonious industrial climate which

supports which helps the pace of a nation's efforts towards economic and social
development since the obstacles to such a development can be reduced
considerably.

c) The discrimination and exploitation of workers is constantly being

checked. It provides a method or the regulation of the conditions of employment
of those who are directly concerned about them.

X. PROCESS OF COLLECTIVE BARGAINING

PREPARATION FOR COLLECTIVE BARGAINING

1. Preparation should begin months before the contract talks.

2. Chairperson should be established and maintain pleasant relationship with

union representatives by treating them courteously in social situations, grievance
hearing.

3. Obtain information from other nurse executives about union activities in

neighbouring health agencies.

4. Review other labour contracts negotiating in other agencies to determine what

type of demands were made by various worker categories.

5. Keep ongoing recording agency’s employees grievances and analyses these

before negotiation begins.

6. Research the wage salary structures of other health agencies in the

community and compare against age, current wage package

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 7. Should read the act to identify limitations.

Union Claim Management

proposal

Negotiation

Third party Referral

Collective Agreement

COLLECTIVE BARGAINING PROCESS

Collective bargaining generally includes negotiations between the

two parties (employees' representatives and employer’s representatives). Collective
bargaining consists of negotiations between an employer and a group of employees
determine the conditions of employment. Often employees are represented in the
bargaining by a union or other.' organization. The result of collective bargaining
procedure is called the collective bargaining agreement (CBA). Collective
agreements may be in the form of procedural agreements or substantive agreements.
Procedural agreements dash, the relationship between workers and management and
the procedures to be adopted for resolving individual or group disputes.

This will normally include procedures in respect of Individual

grievances, disputes and discipline. Frequently. Procedural agreements are put into
the company rule book which provides Information on the overall terms and

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 conditions of employment and codes of behavior. A substantive agreement deals with
specific issues, such as basic pa, overtime premiums, bonus arrangements, holiday
entitlements, hours of work. etc. In many companies, agreements have a fixed time
scale and a collective bargaining process will review the procedural agreement when
negotiations take place on pay Conditions of employment.

The collective bargaining process comprises of five core steps

1. Prepare: This phase Involves composition of a negotiation team. The
negotiation team should consist of representatives of both the parties with
adequate knowledge and skills for negotiation. In this phase both the
employers representatives and the union examine their own situation in order
to develop the issues that they believe will be most important.
 Representatives for the negotiation are selected.
 They are educated about the problem and its pros and cons. The
power and authority during negotiations should be decided.
 Other preparations include fixing the time for negotiations, period of
negotiations, etc.
 The chief negotiator presents the problem, its intensity and nature,
and the views of both the parties. Then he allows the representatives
of both parties to present their views.
 Representatives from both the sides should reach the negotiation
table with a positive frame of mind and should try to ascertain what
the other party is arguing for.
 They should think about what counter arguments they can present
and how to disagree, if need be, effectively while the other party is
presenting its views
2. Discuss: Here, the parties decide the ground rules that will guide the
negotiations. A process well begun is half done and this is no less true in case
of collective bargaining. An environment of mutual trust and understanding Is

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 also created so that the collective bargaining agreement would be reached. The
nature of the problem influences the whole process of collective bargaining. It
influences the selection of representatives, their number, period of
negotiations and period of agreement that is reached ultimately.
3. Propose: This phase involves the initial opening statements and the possible
options that exist to resolve them. In a word, this phase could be described as
'brainstorming' The exchange of messages takes place and opinion of both the
parties is sought.
4. Bargain: Negotiations are easy if a problem-solving attitude is adopted. This
stage comprises the time when what ifs' and 'supposals’ are set forth and the
drafting of agreements take place.
 The process generally culminates in an agreement which is known as
a labour contract, union contract or a labour-management contract.
 The agreement should be printed and circulated among all the
employees so that they know exactly what has been agreed upon
between the management and their representatives.
 Both parties should sign the agreement which, in turn, becomes a
binding contract for both, i.e. the terms must thereafter be sincerely
observed by them
5. Settlement: Once the parties are through with the bargaining process, a
consensual agreement is reached upon wherein both the parties agree to a
common decision regarding the problem or the issue. This stage is described
as consisting of effective joint Implementation of the agreement through
shared visions, strategic planning and negotiated change. The success of the
process is not measured by the mere signing of an agreement, but by the
fundamental agreement in the context of a harmonious human relationship that
is arrived at.

XI. COLLECTIVE BARGAINING STEPS

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 1. Selection of a bargaining agent.
2. Certification to contract.
3. Contract administration
4. The nurse managers rote.
5. Decertification.

1. Selection of bargaining agent

The process of establishing a union in any setting begins with the selection
of a bargaining agent certified to conduct labour negotiations for a group of
individuals. This process Is known as a representative election and Is presided over by
the national labour relationship board. For an election occurs, the union must
demonstrate that interest Is shown by at least 30% of the employees affected by this
action Once the 30% level is reached, the union can petition the national labour
relations board to conduct an election At the conclusion of this meeting the board will
have determined three things

• Who Is eligible to participate in the union- - This is problematic issue and not easily
resolved, because registered nurses employed as staff nurses are eligible for collective
bargaining but registered nurses employed as management are not.
• Whether the signatories are employees of the organization.
• A date for union election: - the election is conducted by the board within 45 days.
using a secret ballot. All individuals eligible for represent action by the union are
notified of the election time and date. On Election Day, eligible employees are asked
to choose not only whether they wish to be representatives of the union but also which
union they want to represent.
• Many unions represent registered nurses in collective bargaining; therefore, the ballot
may contain several choices for the bargaining agent. In addition to various state
nurses associations (SNAs), other major unions representing nurses are-• American
federation of, county and municipal employees (AFSCME).

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• Service employee's international union (SEIU). The election outcome is determined by
the group receiving a simple majority of the votes cast the union winning this election
certified to enter into contract negotiations with the employer.
The process of selecting a bargaining agent produces a tense, emotional
climate that affects everyone in the organization. It is important for both nurse and
managers and staff nurses to remember that during this period, the rules of unfair
labour practice apply. Staff nurses also must be careful that their discussions regarding
collective bargaining take place away from the work site and not on work time.
2. Certificate to contract
Certification by the National Labour Relations Board (NLRB) of a union to
be the bargaining agent does mean that a group of people have the right to enter into a
contract with an employer, a concept known as certification to contract.
The actual contract and its provision must be written and voted on by the union
membership a process that may take some time. Issues considered mandatory subjects
of bargaining are rates of pay, wages, hours of employment and grievance procedures.
Additionally, the contract may specify other areas provided that both parties agree
they should be included. These can include
• A union among security clause.
• A management rights clause.
• Seniority.
• Fringe benefits.
• Layoff and reduction in work language.
• 'Floating' procedure.
• Insurance.
• Retirement issues.
• Professional issues.
The contract is considered to be in effect when both management of the
organization and employees agree on its content. The final agreement Is subject to a

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ratification vote by the affected employees. Passage of the contract, or ratification, is
obtained by a simple majority of eligible members who vote.

3. Contract administration
The role of administrating the contract then falls to an individual designated
as the union representative. The individual may be an employee of the union or a m
the nursing staff. It is the duty of the union representative to provide fair and equal
representation to all `members of the unit. The role of the union representative is
explaining the provisions of the contract to the union membership and to available to
help in the grievance process.
4. The nurse manager's role
The nurse manager in a health care organization whirl nurses are organized
into a collective bargaining Lay participates in resolving grievances, using the agreed
upon grievance procedure.
CLASSIFICATION OF GRIEVANCE

Grievance can usually be classified as

1. Those caused by misunderstanding: Grievance caused by a misunderstanding

usually stem from circumstances surrounding the grievance, a lack of familiarity with
the contract or an inadequate labour agreement.

2. Those caused by intentional contract violations: Intentional violation of a contract is

usually an effort to capitalize on ambiguous contract language or past practices.

3. Those caused by symptomatic problems outside the scope of the labour agreement:
Symptomatic grievances are simply a means for the employee to show dissatisfaction
or frustration and stem from the human element in management / labour relationship.

THE GRIEVANCE PROCESS:

The following steps comprise the typical grievance process

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Step 1:- the employee talks informally with her or his direct supervisor, usually as
soon as possible after the incident has occurred. A representative of bargaining agent
is allowed to be present. A written request for the next step is given to immediate
supervisor within ten working days. The employee, supervisor, and agent will be
present for any discussion.

step 2 - if the response to step 1 is not satisfactory. A written appeal may be submitted
within 10 working days tic the director of nursing. The employee, agent, grievance
chairperson and the top nursing administrator or designs can be provided in 5 working
days subsequent to these meetings.

Step 3:- the employee, agent, grievance chairperson, administrator and director of
human resources meet • scission. The 10 and 5 day time limits for appeal and a-sorer
are again observed.

Step 4:- the final step is arbitration, which is invoked when no solution suggested is
acceptable. An arbitrator who is a natural third party is selected and is present at these
meetings. The submission of grievance may be required - 15 days after step 3 is
completed.

SUGGESTIONS HELPFUL IN HANDLING GRIEVANCE

• The objective of the grievance process is not to achieve conquest. You have to
work with one another after resolution of the grievance, so treat each other with
Courtesy and respect.

• Do not, whatever your position, allow disagreements ar disputes among members

of your team to be public.

• Expedience is a must; delaying tactics serve only to heighten emotions. However

allow time to consider the facts.

• Stay objective: emotionalism usually leads to further problems

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• Implementing decisions or filing grievances requires Planning Get all the facts
and Information's, evaluated and anticipates the other party's response. Seek
guidance from those higher in administrative positions

• Never refuse to meet with the grievant representatives

• The bargaining unit representative, though a unique position, is not immune from
reprimand or discipline.

• Integral to bargaining are solutions that may also accommodate future changes
and needs.

• Be prepared to give or take acceptable compromises and alternate solutions

within the framework of the contract, no matter which party suggests them.

• Pat formulas do not settle grievance or solve problems.

• Observe the time limits. If you do not, the bargaining unit may lose the right to
continue the grievance to the next level.

• In adjusting a grievance, knowledge is very important.

• Gloating over a 'nursing' is human but remember that you may 'lose' the next
one; don't become overconfident.

THE GRIEVANCE HEARING

In the grievance hearing, remember this key behavior:

• Put the grievant at ease. Do not interrupt or disagree.

• Listen openly and carefully.

• Discuss the problem calmly and with an open mind.

• Get the story straight. Get all the facts ask logical questions.

• Consider the grievant view points

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 • Avoid snap judgements. Do not jump to conclusions

• Make an equitable decision, and then give it to the grievant promptly.

5. Decertification

Occasionally, members of a particular may decide upon that the

union they want or that no union at all is needed. In such a case, the members of
the bargaining unit have the right to either change their union affiliation or remove
the union by using a process known as decertification. This process is essentially
the same as that following by the NLRB for a representation election.

XII. TYPES OF STRIKES

Recognition
jurisdictionl strike

Sympathy
Types of strikes
Economic
strike strikes

Unfair labor
strike
Illegal
strikes

1. Economic Strike: Under this type of strike, labors stop their work to enforce their
economic demands such as wages and bonus. In these kinds of strikes, workers ask for
increase in wages, allowances like traveling allowance, house rent allowance, dearness

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allowance, bonus and other facilities such as increase in privilege leave and casual
leave. Emplyees attempts to get their employer to meet their demands by their
services. An employ cannot be fired for participating in an economic strike but can be
replaced.

2. Unfair labour strike: Results from an unfair labour practice by an employer or a

union

3. Sympathy strikes: Employees of one employer strike in support of another.

Workers can refuse to cross to picket lines.

4. Jurisdictional strike: In jurisdictional strikes there is a work stoppage over the

assignment of work to two or more unions. Employees amy strike because the
employer assigned a particular job to another union.

5. Recognition strikes: It is a work stoppage to bargain with a particular organization

6. Illegal strikes: The category of illegal strikes comprises violent strikes., boycott or
secondary strikes and wildcat or surprise strikes that are not authorized by the union 

XIII. BRGAINING FORM AND TACTICS

A collective bargaining process generally consists of four types of

activities- distributive bargaining, integrative bargaining, attitudinal restructuring and
intra-organizational bargaining.

I. Distributive bargaining

It involves haggling over the distribution of surplus. Under it, the

economic issues like wages, salaries and bonus are discussed. In distributive
bargaining, one party's gal is another party's loss. This is most commonly explain
in terms of a pie. Disputants can work together to make the pie bigger, so there is
enough for both of them to have 'le' as much as they want, or they can focus on
cutting the pie up, trying to get as much as they can for themselves. In ea. general.

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Distributive bargaining tends to be more competitive. Also known as conjunctive
bargaining

II. Integrative bargaining

This involves negotiation of an issue on which both the parties may

gain, or at least neither party loses. For example, representatives of employer and
employee sides may bargain over the better training programmer or a better rib
evaluation method. Here, both the parties are trying to make more of something. In
general, it tends to be more rrx,parative than distributive bargaining. This type of
argjaining is also known as cooperative bargaining.

III. Attitudinalrestructring

This involves shaping and reshaping some attitudes like trust or

distrust friendliness or hostility between labor and management. When there is a
backlog of bitterness between both the parties, attitudinal restructuring required to
maintain smooth and harmonious industrial relations, it develops a bargaining
environment and creates trust and cooperation among the parties.

IV. Intra-organizational bargaining

It generally aims at resolving internal conflicts. This is a type of

maneuvering to achieve consensus with the workers and management. Even
within the union, there may be differences between groups. For example, skilled
workers may feel that they are neglected or women workers may feel that their
interests are not looked after properly.

XIV. LEVELS OF COLLECTIVE BARGAINING

As 3 levels
1. National level
2. Sectoral/ industrial level
3. Company/ enterprise level

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 Economy-wide (national) bargaining is a bipartite or tripartite form of
negotiation between union confederations, central employer associations and
government agencies It aims at providing a floor for lower-level bargaining on the
terms of employment. often taking into account macroeconomic goals.
Sectoral bargaining, which aims at the standardization of the terms of
employment in one industry, includes a range of bargaining patterns. Bargaining
may be either broadly or narrowly defined in terms of the industrial activities
covered and may be either split up according to territorial subunits or conducted
nationally
The third bargaining level involves the company and/or establishment as a
supplementary type of bargaining ft emphasizes the point that bargaining levels
need not be mutually exclusive.

XV. CONDITIONS ESSENTIAL FOR SUCCESSFUL COLLECTIVE

BARGAINING.

For collective bargaining to be successfully there are certain essential pre-

requisites. These are described below:

 A favourable political climate.

If collective bargaining is to be fully successful, a favourable political climate
must exist, the govt and public opinion must be convinced that collective agreements
are the best method of regulating certain conditions of employment
Collective bargaining has often been practiced in countries where the
authorities have been hostile to it and has been hampered by obstacles and
restrictions; in other countries the authorities have merely tolerated it without giving
any positive encouragement
By contrast, governments many countries actively encourage collective
bargaining, for e.g., by removing any legislative restrictions which may hamper it
and by facilitating bargaining through the provision of facilities .

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 Freedom of association.
It is essential for collective bargaining. Where such freedom is denied
collective bargaining is impracticable and where it is restricted collective bargaining
also restricted.
 Stability of workers organisation.
Workers may have freedom of association but unless they may use of that right
and form and maintain stable unicorns, collective bargaining will be in effective if an
organisation is weak, employers can say that it does not represent the workers and
will refuse to recognise it or negotiate with it. Before entering in to agreements with a
trade union, employers will want a reasonable assurance that it will be able to honour
it’s under taking, and this implies both that the union can exercise authority over its
member and that its membership is sufficiently stable.
 Recognition of trade union.
Even assuming that freedom of association exists and that the workers have
established stable organisation, collective bargaining cannot begin until employers
recognise the organisation for that purpose.
 Willingness to Give and Take.
The art of bargaining is for each to probe the other to find out its strength and
weakness. On some points one side may be unwilling to depart much from its starting
position where as on others its attitude may be more flexible. In these circumstances
the two sides are considered “give and take”
 Avoidance of unfair labour practices.
Unfair practices in collective bargaining are sometimes resorted to both by
employers and by trade unions. Collective bargaining is a process to reach a certain
goal and it is therefore important to make sure that it is really a common goal. That
the management has the right to manage and the union has the right organise itself
and fight for justice must be fully recognised and accepted by both sides

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 XVI. ADVANTAGES AND DISADVANTAGES OF COLLECTIVE
BARGAINING
Advantages
i. It provides a method for the regulation of condition of employment
The employers and worked in an industry know more about its conditions and
problems than anyone else. Promote equitable distribution of work and
professionalism should be promoted. Equalization of power will be satisfied.

ii. It often leader to better mutual understanding.

The employers gain a greater insight into the problems and aspiration of the
worker while the letter become more aware of the economic and technical factors
involved in an industrial management.

iii. It provides a flexible means of adjusting wages and conditions of employment.

The parties can meet whenever necessary and can adapt the items of their
agreements to these changes.

iv. It creates a sort of industrial jurisprudence.

Here there are two kinds of rules, 1: Procedural
2: Substantive

Procedural: As name implies set out the procedures that govern the behaviour of
two groups, employer and union and regulate the manner in which they deal with
each other.
Substantive: Regulates the relation between the individual and not the group.

v. It leads to better implementation of decisions.

Parties know that the decisions are their own and are not imposed because of
the direct involvement of both the parties.

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Disadvantages
• Adversary relationship
• Strikes may not be prevented
• Leadership may be difficult to obtain
• Unprofessional behavior Interference with management
XVII. ROLE OF NURSE MANAGER IN COLLECTIVE BARGAINING
1) Good Communicator: A nurse manager needs communication skills to
successfully collaborate with physician partners and hospital management. She
must clearly disseminate information to her staff in order to avoid confusion and
gossip. She must be a good listener in order to effectively communicate the
appropriate response to issues facing staff. She also asks questions and does not
jump the gun when problems arise.

2) Dedicated: A nurse manager who is dedicated to the practice of nursing serves as

a good example to his staff. He must strive to stay current in his field. If a nurse
manager tries to improve his skills at his own expense, volunteers at a nonprofit
organization or does other things that show commitment, he will acquire more
skills that will make him more effective in his job.
3) Effective Mentor: To help her staff grow professionally, a nurse manager needs
to coach her staff and identify their strengths and weaknesses. She must be ready
to answer questions from them and create a work environment that will help the
staff do their work. She provides guidance without micromanaging.
4) Chief negotiator: In real negotiations there are also a number of ways to make
cooperation seem more attractive than competitive value-claiming behaviour.
Focusing on interests rather than positions encourages a cooperative approach.
Negotiators can build cooperative momentum by exhibiting a strong early
commitment to cooperative attitudes. A particular negotiation may be located
within a larger relationship and an ongoing series of dealings. A past history of

24
 cooperative dealings can create the expectation of further cooperation. Shifting the
focus to maintaining trust and relationships also encourages cooperation. When the
negotiation is in fact one of many similar repeated encounters, the negotiators may
be able to mitigate claiming in subsequent rounds by agreeing initially on a
principle for division of gains. Negotiators may stress norms of appropriate
behaviour, such as being reasonable, civilized or fair, which favour cooperative
behaviour. Over time these norms can become internalized.

5) Good Mediator: Staff members come from different backgrounds, so conflicts

may arise. When faced with this challenge, a nurse manager steps in and tries to
resolve the issues. She is fair and listens to all parties involved. A nurse manager
settles a dispute by looking at the root of the problem. Before taking any action,
she must consider several issues, such as how many times the employee has been
in similar situation, the clarity of the problem and the options available to manage
the conflict.

6) Financially knowledgeable: A nurse manager must have financial skills to do

budgeting and propose changes in the budget. She must be proficient in reading
budget reports. She knows basic financial terminology. A nurse manager must also
have good working relationships with the financial staff at her organization.

NURSE MANAGER’S ROLE IN COLLECTIVE BARGAINING

1. Unions may increase the cost for the hospital and limit the authority of its
managers.

2. Know the law, and make sure rights of the nurses as well as management are
clearly understood.

3. Act clearly within the law, no matter what the organization delegates to you as
manager.

4. Find out the reasons the nurses want collective action.

25
5. Discuss and deal with the nurses and the problems directly and effectively.
6. Distribute lists of disadvantages of unionization, such as paying dues.

7. Distribute examples of unions that did not help with patient care issues.
Nurse’s / Employees Role In Collective Bargaining
1. Know your legal rights and the rights of the manager.

2. Act clearly within the law at all times.

3. If a manager acts unlawfully, e.g., by firing an employee for organizing, report the
employer‘s actions to the National Labor Relations Board.

4. Keep all nurses informed through regular meetings held close to the hospital.

5. Set meeting times conveniently around shift changes and assist with child care
during meetings
CONCLUSION
Collective bargaining is a mode of fixing the terms of employment by
means of bargaining between an organized body of employees or an employer or an
association of employees usually acing through duly authorized agents. It is
fundamentally a method of joint regulation as it necessarily involves both the parties
directly. The essence of collective bargaining is a bargaining between interested
parties and the readiness of both the parties to regulate industrial relation. Collective
bargaining aims a reaching some settlement. Collective bargaining has been defined
in encyclopedia of social science as a process of discussion and negotiations between
two parties, one or both of whom is a group of persons acting in concert. More
specifically it is the procedure by which an employer and a group of employees agree
upon a condition of work.

HEALTH CARE LABOUR AND RELATED LAWS IN INDIA

Healthcare in india features a universal healthcare

system run by the constituent states and territories. Law is an obligation on the part

26
 of the society imposed by the component authority and non-complience may lead to
punishment in the form of monetory fine or imprisonment or both. Laws governing
the commissioning of the hospital are the laws to ensure that the hospital facilities
are created after due process of registration, the facilities created are safe for the
public using them.

I. LABOUR LAW

Labour law (also called labor law or employment law) is the body

of laws, administrative rulings, and precedents which address the legal rights of, and
restrictions on, working people and their organizations. As such, it mediates many
aspects of the relationship between trade unions, employers and employees. In
Canada, employment laws related to unionized workplaces are differentiated from
those relating to particular individuals. In most countries however, no such
distinction is made.

Types of Labour Law

However, there are two broad categories of labour law.

First, collective labour law relates to the tripartite relationship between employee,
employer and union. Second,individual labour law concerns employees' rights at
work and through the contract for work. The labour movement has been instrumental
in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour
rights have been integral to the social and economic development since the Industrial
Revolution. Employment standards are social norms (in some cases also
technical standards) for the minimum socially acceptable conditions under which
employees or contractors will work. Government agencies (such as the former
U.S. Employment Standards Administration) enforce employment standards codified
by labour law (legislative, regulatory, or judicial).

I. INDIVIDUAL LABOUR LAW

Contract of employment
27
 The basic feature of labour law in almost every country is
that the rights and obligations of the worker and the employer between one another
are mediated through the contract of employment between the two. This has been the
case since the collapse of feudalism and is the core reality of modern economic
relations. Many terms and conditions of the contract are however implied by
legislation or common law, in such a way as to restrict the freedom of people to agree
to certain things to protect employees, and facilitate a fluid labour market. In the U.S.
for example, majority of state laws allow for employment to be "at will", meaning the
employer can terminate an employee from a position for any reason, so long as the
reason is not an illegal reason, including a termination in violation of public policy.

Minimum wage

There may be law stating the minimum amount that a

worker can be paid per hour. Australia, Belgium, Brazil, Canada, China, France,
Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New
Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom,
the United States and others have laws of this kind. The minimum wage is usually
different from the lowest wage determined by the forces of supply and demand in
a free market, and therefore acts as a price floor. Each country sets its own minimum
wage laws and regulations, and while a majority of industrialized countries has a
minimum wage, many developing countries have not. Minimum wages are regulated
and stipulated also in some countries that lack specific laws. Minimum wage laws
were first introduced nationally in the United States in 1938, Brazil in 1940 India in
1948, France in 1950, and in the United Kingdom in 1998. In the European Union,
18 out of 25 member states currently have national minimum wages.

Working time

Before the  Industrial Revolution, the workday

varied between 11 and 14 hours. With the growth of industrialism and the
introduction of machinery, longer hours became far more common, with 14–15 hours

28
being the norm, and 16 not at all uncommon. Use of child labour was commonplace,
often in factories. In England and Scotland in 1788, about two-thirds of persons
working in the new water-powered textile factories were children. The eight-hour
movement's struggle finally led to the first law on the length of a working day, passed
in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour
day was established in 1848, and shorter hours with the same pay were gradually
accepted thereafter. The 1802 Factory Act was the first labour law in the UK.

Health and safety

Other labour laws involve safety concerning workers.

The earliest English factory law was drafted in 1802 and dealt with the safety and
health of child textile workers.

Anti-discrimination

This clause means that discrimination against

employees is morally unacceptable and illegal, on a variety of grounds, in
particular racial discrimination or sexist discrimination.

Unfair dismissal

Convention no. 158 of the International Labour

Organization states that an employee "can't be fired without any legitimate motive"
and "before offering him the possibility to defend himself". Thus, on April 28, 2006,
after the unofficial repeal of the French First Employment Contract (CPE),
the Longjumeau (Essonne) conseil des prud'hommes (labour law court) judged
the New Employment Contract(CNE) contrary to international law, and therefore
"illegitimate" and "without any juridical value". The court considered that the two-
years period of "fire at will" (without any legal motive) was "unreasonable", and
contrary to convention no. 158, ratified by France.[9][10]

Child labour

29
 Child labour is the  employment of children under an
age determined by law or custom. This practice is considered exploitative by many
countries and international organizations. Child labour was not seen as a problem
throughout most of history, only becoming a disputed issue with the beginning of
universal schooling and the concepts of labourers' and children's rights. Child labour
can be factory work, mining or quarrying, agriculture, helping in the parents'
business, having one's own small business (for example selling food), or doing odd
jobs. Some children work as guides for tourists, sometimes combined with bringing
in business for shops and restaurants (where they may also work as waiters). Other
children are forced to do tedious and repetitive jobs such as assembling boxes, or
polishing shoes. However, rather than in factories and sweatshops, most child labour
occurs in the informal sector, "selling on the street, at work in agriculture or hidden
away in houses — far from the reach of official inspectors and from media scrutiny."

II. COLLECTIVE LABOUR LAW

Collective labour law concerns the tripartite relationship between employer,

employee and trade unions. Trade unions, sometimes called "labour unions"

Trade unions

Some countries require unions to follow particular procedures before taking certain
actions. For example, some countries require that unions ballot the membership to
approve a strike or to approve using members' dues for political projects. Laws may
guarantee the right to join a union (banning employer discrimination), or remain
silent in this respect. Some legal codes may allow unions to place a set of obligations
on their members, including the requirement to follow a majority decision in a strike
vote. Some restrict this, such as the 'right to work' legislation in some of the United
States.

Strikes

30
 Strike action is the weapon of the workers most associated with industrial disputes,
and certainly among the most powerful. In most countries, strikes are legal under a
circumscribed set of conditions. Among them may be that:

 The strike is decided on by a prescribed democratic process. (Wildcat strikes are

illegal).
 Sympathy strikes, against a company by which workers are not directly employed,
may be prohibited.
 General strikes may be forbidden by a public order.
 Certain categories of person may be forbidden to strike (airport personnel, health
personnel, teachers, police or firemen, etc.)
 Strikes may be pursued by people continuing to work, as in Japanese strike
actions which increase productivity to disrupt schedules, or in hospitals.

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business

who is generally believed by the participants in the boycott to be doing something
morally wrong. Throughout history, workers have used tactics such as the go-
slow, sabotage, or just not turning up en-masse to gain more control over the
workplace environment, or simply have to work less . Some labour law explicitly
bans such activity, none explicitly allows it.

Pickets

Picketing is a tactic which is often used by workers during strikes.

They may congregate outside the business they are striking against to make their
presence felt, increase worker participation, and dissuade (or prevent) strike
breakers from entering the workplace. In many countries, this activity is restricted by
labour law, by more general law restricting demonstrations, or sometimes by
injunctions on particular pickets. For example, labour law may restrict secondary
picketing (picketing a business not directly connected with the dispute, such as a
supplier of materials), or flying pickets (mobile strikers who travel to join a picket).

31
There may be laws against obstructing others from going about their lawful business
(scabbing, for example, is lawful); making obstructive pickets illegal, and, in some
countries, such as Britain, there may be court orders made from time to time against
pickets being in particular places or behaving in particular ways (shouting abuse, for
example).

Workplace involvement

Workplace consolation statutes exist in many countries, requiring

that employers consult their workers on issues that concern their place in the
company. Industrial democracy refers to the same idea, but taken much further. Not
only that workers should have a voice to be listened to, but that workers have a vote
to be counted.

Co-determination

Originating in Germany, some form of co-determination

(or Mitbestimmung) procedure is practised in countries across continental Europe,
such as Holland and the Czech Republic, as well as Scandinavian countries (e.g.
Sweden). This involves the rights of workers to be represented on the boards of
companies for whom they work. The German model involves half the board of
directors being appointed by the company trade union. In the United Kingdom, the
similar proposals were drawn up, and a command paper produced named the Bullock
Report (Industrial democracy). This was released in 1977 by the James Callaghan
Labour government.

III. INTERNATIONAL LAW

One of the crucial concerns of workers and those who

believe that labour rights are important is that in a globalizing economy, common
social standards ought to support economic development in common markets.
However, there is nothing in the way of international enforcement of labour rights,

32
with the notable exception of labour law within the European Union. At the Doha
round of trade talks through the World Trade Organization one of the items for
discussion was the inclusion of some kind of minimum standard of worker
protection. The chief question is whether, with the breaking down of trade barriers in
the international economy, while this can benefit consumers it can also make the
ability of multinational companies to bargain down wage costs even greater, in
wealthier Western countries and developing nations alike. The ability of corporations
to shift their supply chains from one country to another with relative ease could be
the starting gun for a "regulatory race to the bottom", whereby nation states are
forced into a merciless downward spiral, not only slashing tax rates and public
services with it but also laws that in the short term cost employers money.

International Labour Organization

The International Labour Organization (ILO), whose

headquarters are in Geneva, is one of the oldest surviving international bodies, and
the only surviving international body set up at the time of the League of
Nations following the First World War. Its guiding principle is that "labour is not a
commodity" to be traded in the same way as goods, services or capital, and that
human dignity demands equality of treatment and fairness in dealing within the
workplace. The ILO has drawn up numerous conventions on what ought to be the
labour standards adopted by countries party to it. Countries are then obliged to ratify
the Conventions in their own national law. However, there is no enforcement of this,
and in practice most conventions are not agreed to, even if they are adhered to.

Labour Laws of India

The law relating to labour and employment in India is

primarily known under the broad category of "Industrial Law". Industrial law in this
country is of recent vintage and has developed in respect to the vastly increased
awakening of the workers of their rights, particularly after the advent of
Independence. Industrial relations embrace of relationships between the workers,
33
employers and government, basically concerned with the determination of the terms
of employment and conditions of labour of the workers.

II. LAWS GOVERNING THE SALE, STORAGE OF DRUGS AND SAFE

MEDICATION:

 Drugs and cosmetic act 1940

The Drugs and Cosmetics Act, 1940 specifies about accommodation,

manpower, equipment, supplies and reagents, good manufacturing practices, and
process control to be followed in Indian blood transfusion services. Regulatory
affairs in the Indian blood banking system are controlled by central and provincial
Drug Control authority under Drug Controller General of India.

 Narcotic and Psychotropic substance act

An Act to consolidate and amend the law relating to narcotic

drugs, to make stringent provisions for the control and regulation of operations
relating to narcotic drugs and psychotropic substances 1 [, to provide for the
forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and
psychotropic substances, to implement the provisions of the International
Conventions on Narcotic Drugs and Psychotropic Substances] and for matters
connected therewith.

 Pharmacy act 1948

It is accordingly proposed to establish a Central Council of

Pharmacy, which will prescribe the minimum standards of education and approve
courses of study and examinations for Pharmacists, and Provincial Pharmacy
Councils, which will be responsible for the maintenance of provincial registers of
qualified pharmacists.

34
III. LAWS GOVERNING ENVIRONMENTAL SAFETY

 Biomedical waste management handling rules 1998

The Biomedical Waste Management & Handling) Rules, 1998 came

into force on 1998. The Central Govt. notified the rules for the management and
Handling of biomedical wastes generated from Hospitals, clinics, other
institutions for scientific management of Biomedical Waste.

 Public health bye law 1959

IV. LAWS GOVERNING EMPLOYMENT AND MANAGEMENT OF

MANPOWER

 Citizenship act 1955

 Employee PF and Miscellaneous provision act 1952

 Employment exchange act 1959

 Equal remuneration act 1976

 ESI act 1948

 Indian trades union act 1926

 Industrial dispute act 1947

 Maternity benefits act 1961

 Minimum wages act 1948

 Negotiable instrument act 1948

 Payable bonus act 1956

35
  Payment of gratuity act 1972

 Persons with disability act 1995

 Public provident fund act 1968

V. LAWS GOVERNING THE SAFETY OF PATIENT, PUBLIC AND STAFF

WITHIN THE HOSPITAL PREMISES

 The radiation surveillance procedures for the medical application of radiation 1989,

 Radiation protection rule 1971

 Arms act 1950

 Boilers act 1923

 Explosive act 1884

 Gas cylinder rules 2004

 Insecticide act 1968

 IPC o 336 –endangering life or personal safety of others o 337 – causing hurt by
act endangering life or personal safety

 NOC from chief fire officer

 Periodic fitness certificate for operations of lifts

 Petroleum act and storage rules 2001

III. PROFESSIONAL ASSOCIATION

Associations are organizations of members with common interest.

Merton defined a professional association as an organization of practitioners who
judge one another as professionally competent and have banded together to perform
social functions which they cannot perform in their separate capacity as individuals.

36
Association provides professional standards of practice and erthical conduct for their
members to ensure the public of the availability of high quality services.

I. DEFINITION

Professional Association is an organization of practitioners who judge one

another competent & have branded together to perform social functions which they
cannot perform in their separate capacity as individuals

Mortan , 1958

II. OBJECTIVES OF PROFESSIONAL ASSOCIATION

1. Promote sharing, better communications and closer relationships between its

members.

2. Provide expert professional advice.

3. Scholarships for advanced study.

4. Financial assistance for professional meetings and seminars.

5. Running an office through which funds can be received through members

contribution and from government grants

6. Wages: employees and their union can be expected to ask for wages which are
comparable to those in similar jobs in the local market.

7. Promotions: unions will insist that length of service be a factor in promotions.

8. Layoffs: the union will insist that seniority play a part in regulating layoffs;
qualifications being equal, the junior service employees will be paid off first.

9. Discipline: employees will be disciplined for just cause; this is standard in all labor
agreements.

10. Grievances procedures: the union will insist that a grievance procedure be
established whereby management decisions will be reviewable by representatives of

37
management and the union; if there is still disagreements, the dispute will be referred
to arbitration.

11. Fringe benefits: pensions, vacations and holidays, social insurance, and general
welfare programmes will be part of the negotiations, with an attempt to make them
comparable to the trend in our society.

12. Promote cooperation and encouragement among members.13. Promote efficiency

in education and service.

III. NEED AND ACTIVITIES

Association serve their individual members through a variety of services

and leadership development opportunities. The need for nursing association has rooted
from major concerns.

1. The need for law to assure the public of a standard of quality nursing
care and protection from poorly prepared nurses.

2. Lack of standardization in nursing education. The newly formed

associations all over the world has death with these concerns first by successfully
lobbying for the establishment of state licensure laws and later by promoting
accreditation of school of nursing.

Professional association provides a vehicle of nurses to meet present and

future challenges and work toward positive, profession wide changes that keep pace
with society’s complex health needs.

Nursing association have three major constituents; the public, the nursing
profession and individual nurses. They serve each constituent group in different ways.
They serve public by establishing code of ethics and standards of practice, socializing
new members to these codes and standards and enforcing codes and standard in
practice.

38
 Association serve profession by being the organization through the interests
of its members are pressed collectively and focused politically. Professional
association help nurses use collective action to advocate for political responses to
benefits recipients of health care and members of the profession.

Associations serve individual members by providing continuing education,

recognizing skills in practice by offering certification and ensuring mechanism for a
professional workplace.

Associations also provide unparalleled influential national network of

professionals at all levels and in all specialties, who support one another.

One of the important activities of professional associations is communication.

Most nursing associations have newsletters, journals and website. Publication carry
new stories, editorials and articles of interest to members, information about pending
*I9 legislation and political issues affecting nursing and health care and notices of XII
continuing education offerings.

Eg: American Nurse Association

Official Newspapers → The American Nurse.

Official journal → The American journal of Nursing.

American Association of Colleges of Nursing — journal of official Nursing.

Sigma Theta Tau International — journal of Nursing Scholarship.

The Trained Nurses Association of India - The Nursing Journal of India. TNAI,
Kerala State Branch - Kerala Nursing Forum.

Society of Midwives of India Indian Journal of Nursing & midwifery.

Nurses have a responsibility to belong to one or inure nursing associations, both as

an extension of their interest in nursing and to support their fellow nurses. k A
strong professional organization is a characteristic of mature profession

39
Types of association

Associations can be classified as one of three main types.

- Broad purpose professional associations.

- Specialty practice associations.
- Special interest association.

Broad purpose professional associations

ANA is an example.

Purpose of ANA

→ to work for the improvement of health standards and the availability of health
care services for all people.

→ to foster high standards for Nursing.

→ to stimulate and promote the professional development of nurse and advance

their economic and general welfare.

Specialty Practice Associations

eg Association of CAP Ng.

Association of Nurses in AIDS care

Academy of Medical- Surgical Nurses

Academy of Neonatal Nurses.

Association of CH Ng educators.

Baromedical Nurses Association.

National Nursing staff development organization

Special Interest association

40
Sigma Theta Tau International,

American Association for the history of Nursing,

International council of Nurses (journal International Nursing Review): It is a

federation of National Nurse association (NNA) representing 118 countries. Founded
in 1899, the ICN is the world's first and widest-reaching international organization for
health professionals. Operated by nurses for nurses the ICN storks to ensure quality
nursing care for all, sound health policies globally, the advancement of nursing
knowledge, the presence world wide of a respected nursing profession and a
competent and satisfied nursing work force.

IV. Role of professional association

1. Nurses organizations not only protect themselves , but also protect the patients
under their care
2. Fights against poor working conditions, pay & benefits
3. Works for the treatment of slavery
4. It rectifies poor working conditions through collective bargaining

V. IMPORTANT ORGANIZATIONS AND UNION

1. TRAINED NURSES ASSOCIATION OF INDIA (TNAI)

The trainees association of India is the national body of practitioners

of nursing at various level. The main idea behind the establishment of the association
in 1908 was to upheld in every way the dignity and honor of the nursing profession
Definition
It is the non-secretarial, non political, professional organization whose membership is
open to all RNs who held certificate in nursing and are recognized by INC.
Objectives:
a) To uphold in every way the dignity and honour of the nursing profession and
to promote a sense of esprit de corps among all nurses.
b) To promote high standard of health care and nursing practice
41
c) To advance professional, educational, economic and general welfare of nurses
Membership:
Membership in TNAI is obtained by application by submission of a copy of
own state registration certificate .membership can also be transferred from SNA by
transferring a certificate from institution within 6 months of completing the course. It
consists of full members, those who are fully qualified RN. Associated members are
health visitors, midwives, ANM‘s, Student nurses and members of affiliated
organizations. The Government of India has recognized the association as a service
organization and societies doing good work in their realms of concern.
Activity Performed By TNAI
1. Conference: The TNAI holds its national conference biannually. It was planned in1972 to
hold these conference quadrennial, but was felt in 1980 that four year
gap between conferences was so long and again it backs to earlier practice of biennialc
onference.
2. Continuing Nursing Education Programs: the association organizes continuing
education programs for nursing personnel oriented to different aspects of education
and administration.
3. Publications: the associations brings out a monthly magazine, the nursing journal
of India. The association has brought out some books on aspects of nursing practice
and education at low price.
4. Socio-Economic Welfare Programs: one of the objective of TNAI is to provide
socio-economic welfare to the nurse. Currently TNAI in collaboration with ICN is
conducting a socio-economic training project.
5. Nursing Regulation Project: another objective of the association is to raise the
standard of nursing education and practice through necessary legislation. Activity
under this project is to conduct one national level and four regional workshops to
orientate the functions of registration councils and nursing leaders to the existing
nursing regulations.

42
6. Scholarships: One of the ways in which the TNAI carries out its educational
objectives and serve the cause of nursing is being the trustee for various scholarships.

Functions of TNAI:
1) To establish functions, standards and qualifications for nursing practice.
2) To enunciate standards of nursing education and implement these through
appropriate channels. 
3) To enunciate standards of nursing service and implement through appropriate
channels.
4) To establish a code of ethical conduct for practitioners.
5) To stimulate and promote research designed to increase the knowledge on which
the practice of nursing based.
6) To promote legislation and to speak for nurses in regard to legislative action.
7) To promote and protect the economic welfare of nurses.
8) To provide professional counseling and placement service for nurses.
9) To provide continuing professional development for practitioner.
10) To represent nurses and serve as their spokesman with allied national and
international council of nurses.
11) To serve as official representative of the TNAI as a member of the international
council of nurses.
12) To promote the general health and welfare of the public through all
association programs, relationship and activities.
Benefits of TNAI:
1) Feeling of belongingness
2) Different conference and workshops are held which may be at the national level and
state level
3) Different publication like ―The Nursing Journal of India 
4) Continuing nursing educational programs and upgrade knowledge on relevant topics
at regular interval.

43
5) Socio-economic welfare programs provide allowance for women.
6) Regular research studies conducted for benefits of members.
7) National awards given to nurses by TNAI.
8) Nurses‘day celebration on 12 th may every year.
9) Welfare funds are the annual grants to sate branches to sustain activities.
10) Railway concession is given 25% to its members.
11) Guest room facilities for guest at headquarters in Delhi and some other states

2. INDIAN NURSING COUNCIL

Indian Nursing Council INC was constituted to establish a uniform standard
of education for nurses, midwives health visitor and GNM‘s. The INC act was passed
by an ordinance on December 31st, 1947 and INC is constituted in 1949.
Historical perspective:
 1946-the health survey and development committee recommended formation
of INC in order to establish uniform standard of nursing training in the country.
 1947-indian nursing council act passed
 1949-inc established and started functioning
 1950-inc act amended as Indian nursing council (amendment)act1950
 1951-general nursing and midwifery course framed and adopted.
 1954-special provision made in syllabus for men nurses. Council integrated
public health in basic nursing curriculum of G.N.M course.
 1965-G.N.M course revised
 1980- circular issued making permission of state govt. mandatory for opening
schools /colleges of nursing
 1981-b.sc nursing syllabus revised
 1983-council introduced inspection fee for inspection of schools/colleges of
nursing by INC
 1986-gnm curriculum revised and course made 3 years duration.

44
  1999-INC completed 50years
 2000-golden jubilee conference was organized in Delhi
 2006-b.sc., nursing syllabus revised.
Purpose of INC:
a) Regulation of uniform standard of nursing education for nurses, midwives
and multipurpose health worker.
b) Reciprocity in nursing registration throughout the country.
c) INC act of 1947 which mean when amended in 1957 gives additional
responsibility to provide registration of foreign nurses and maintenance of
Indian nursing register for maintaining information as a man power of the
country.

Functions of the council:

The Indian nursing council is the supreme governing body of nurses in India. It
performs a number of varied functions to uplift and establish uniform standard of
nursing education in India.
1) Prescribing of syllabi: purpose of nursing education is to prepare nurses who will
function as a member of the health beginning with competencies for first level
position in both hospital and community. The programme are developed according to
the health needs of the country, the community and the individual and it will serve as
a basis for advanced study and specialization. As the council was constituted to
establish uniform standards, it has power to establish uniform standards to preserve
curricula for the various courses for nursing personnel .the curricula are available for
ANM, GNM, BSC, MSC, MPHIL, Diploma in public health and various short term
courses. The syllabi of a particular course contain minimum requirement for the
recognition of the programme .they had laid specification about
a) Teaching staff and their qualifications, additional staff, external lectures, physical
facilities, clinical facilities, hostel facilities.

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b) Students-terms and conditionals of admission, health services, vacations and
holidays.
c) Training programs: year wise distribution of weeks, days and hours of training,
total time requirement, minimum fields experience requirement in hours as per
subjects to be taught, records to be maintained for each students and scheme of
examination
2) Implementation of syllabi
3) Inspection of examination centre and school of nursing. The executive committee
appoints inspectors from among members of the council or otherwise any institution
recognized as a training institution. Inspectors report the executive committee on the
suitability of the inspection for the purpose of training and adequacy of training.
4) Maintenance of Indian nurses registers. The INC maintains the registers of nurses,
midwives, GNMs and health visitors. It is the duty of secretary of the council to keep
the registers in accordance with the provisional of this act and from time to time
revise the register.
5) Withdrawal of recognition for departing nursing institution
3. THE STUDENT NURSES ASSOCIATION (SNA)
The Student Nurses Association was organized in 1920, is associated with
and under jurisdiction of the TNAI. In addition to providing a means of personal and
professional development for the nursing student. The assistant secretary of the TNAI
serves as advisor for the SNA.
PURPOSES AND FUNCTIONS:
1. Help student Nurses learn how the professional organization serves to uphold the
dignity and ideals of the nursing profession.
2. Promote a close rapport with other student Nurses.
3. Furnish student Nurses advice in their courses of study leading up to professional
qualifications.
4. Encourages leadership ability and help students to gain a wide knowledge of the
nursing profession in all of its different branches.

46
 5. Encourage both professional and recreational meetings, Games and Sports.
6. Encourage students nurses develop a co-operative spirit with other student nurses
which will help them in future professional relationships.
ACTIVITIES:
1. Fund raising for the TNAI.
2. Fund raising done for fine arts and sports competitions and conferences.
3. Special prizes given for outstanding achievement in specific areas of nursing
education.
4. Unit activities include maintaining the diary of unit activities, giving quarterly
reports, preparing articles for publication and distributing application forms for
membership in the TNAI.
MEMBERSHIP:
Fees are minimal and easily met by the nursing student. Nursing students who
participate in the Student nurses association have a valuable opportunity to begin to
develop leadership skills, competitive skills and an interest for the profession as a
whole.
4. THE NURSES LEAGUE OF THE CLINICAL MEDICAL ASSOCIATION
The Nurses league of the clinical medical association of India was founded
in 1930. It became affiliated to the TNAI in 1936 and promotes membership in this
organization.
Objectives:
1. Promote cooperation and encouragement among Christian Nurses.
2. Promote efficiency in nursing education and service.
3. Secure the highest standards possible in Christian nursing education through the
Christian schools of nursing.
4. Considering the special work and problems of Christian nurses wherever employed.
Activities:
Activities include national and area conferences and retreats for its members.
Development of leadership abilities is encouraged by participation in these meetings.

47
 Each meeting also allows for sharing of problems common to the Christian nurse.
Provides expert professional advice. Provides scholarships for advanced study.
Provides financial assistance for professional meetings and seminars
Membership:
Membership fees are required and a life membership is available. Nursing
students may become associate members of the league. Membership in the Nurses
league may be a requirement for certain nursing positions under control of Christian
employing authorities.
5. THE CHRISTIAN MEDICAL ASSOCIATION OF INDIA
The CMAI began in 1905 as a fellowship of Christian missionary doctors to
provide spiritual sharing and support. It gradually developed into a larger
organisation which included other Christian health professionals and health
institutions
Functions
 To provide professional training through formal and informal education, publication
of textbooks and other materials and scholarships.
 To encourage community health work through training, advisory services and
technical support.
 To assist and support churches and health institutions with study and training.
 To disperse health related information which will help with health education and
lean towards a more healthy and just society. Membership
Membership is open to doctors, registered nurses and ANM/Health
workers, all health professionals. Students in health professional courses may also
become members.
VI. BENEFITS OF BELONGING TO PROFESSIONAL ASSOCIATION.

A. Developing leadership skills

- opportunities to learn from and socialize with the peers, at state and national level
- help developing leadership skill and organizational skills.

48
- to earn academic credit for their participation.
- professional association offer a supportive environment in which members can
experiment and practice the acquisition of important behavioral skills.
- Public speaking, project planning, management of resources and developing
resolutions and position papers are opportunities to practice skills essential to
formal leadership roles.

B. Professional Association Recognition through Certification

Certification is a formal but voluntary process of demonstrating expertise in ,CA a

particular area of Nursing Certified nurses may receive salary supplements and special
opportunities Certification Cr0edentials.

C. Banding together for legislative lobbying

How to become tut involve association members.

- by attending meetings,
- volunteering for leadership and committee involvement.
- Participation in association's activities.

VII. UNION:
Nurse as an employee in any health care institution or hospital has right to
become a member of any union or association for many reasons i.e. collective
bargaining for protecting their interest, condition and improvement. Employees
essentially join a union or association to increase their power to get certain response
from management. Poor quality of working condition, job inequalities in wage
increments, promotions and benefits cause distress. Poor quality of immediate
supervision, arbitrary treatment from management and poor communication between
employer and employee are major reason for unionization. Instead of quitting their
jobs and giving up their seniority, security and friends to move to another job, they
form a union.

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TRADE UNION
A trade union is a complex institution. It has many facets – economic,
social, political and psychological. However, one of the most important
characteristics of all trade union is the adaptability to change with the change in the
environment. Trade unions are formed to protect, maintain and improve economic,
social and vocational interest of their members and to strengthen their bargaining
power.
Definition
Trade union as a continuing, long term association of employees, formed
and maintained for specific purpose of advancing and protecting the interest of
members in their working relationship
Dale yoder.
Trade union as an association of workers in one of more professions – an
association carried on mainly for the purpose of protecting and advancing their
members economic interest in connection with their daily work.
GLHCole

Characteristics
1. Trade unions are association of either employers or employees or independent
workers.
2. Trade unions are generally permanent combinations.
3. Trade unions basic objectives are to protect and advance economic, social and
vocational interest of their members.
4. Trade unions are ready to meet the challenges from the changes in technology and
in environment
A trade union is a continuous association of the wage earners for the
purpose of maintaining or improving their conditions of their working it can be
regarded as an institution for overcoming managerial dictatorship to strengthen
individual worker and to provide them opportunity for regulation of condition under

50
which they have to work. Trade union is first and foremost an organizing center. It
provides a forearm of collecting the forces of working class. The trade unions are
more highly developed than even before; they undertake a wider range of function
and they have a clear perception of their ultimate aim. Trade unions are considered as
an essential tool for industrial use. Trade unions of today are not only involved with
protecting and improving wages and conditions of labour but are concerned with all
matters by which the workers are likely to be affected.
FUNCTIONS OF TRADE UNIONS:
Trade unions today are pluralist in character and cannot survive the
demands made upon by the fast changing environment. The different functions of
trade unions are
1. Intra mural
2. Extra mural
3. Political
Intra mural functions: Intra mural functions include the welfare schemes of unions.
It includes improvement of activities like wages, sanitation, safety, seniority, rest
interval and so on. All these functions of unions are termed as Militant functions as
reliance to perform them is placed on the strike and other economic weapon in case
of collective bargaining fails.
Extra mural functions:
These are the functions of the unions which are carried on to help the members in
times of need and also include provision of educational, recreational and housing
facilities by the unions. The unions raise funds in the form of subscriptions from their
members to grant number of benefit to the members. Such functions are also of
importance as they inculcate the spirit of cooperation among the members who are to
subscribe funds for the common interest.
Political functions:
The history of trade unionism in this country records profound effects of
political leaders like Thilak and Gandhiji. The political colour given to the unions is

51
to strive for realization of its economic objectives through legislative and
administrative measures. The unions are authorized to have a fund for political
purpose which imply incurring of expenditure on election of representatives and also
for holding meetings. Beside the primary functions discussed earlier, trade unions in
India are committed to undertake under mentioned function.
1. To acquire the control of industry by workers.
2. To provide workers self confidence and feeling of identity in the organization.
3. To make up welfare measures for improving moral of the workers.
4. To imbibe sincerity and discipline in workers.
5. To broaden the understanding of workers and facilitate technological
advancements.
6. To secure fare wages for workers.
CONCLUSION
A professional association (also called a professional body, professional
organization, or professional society) is usually a nonprofit organization seeking to
further a particular profession, the interests of individuals engaged in that profession,
and the public interest. Many professional bodies also act as learned societies for the
academic disciplines underlying their professions. In countries where the law entitles
defendants to a jury by their peers, the general public may not be considered
sufficiently knowledgeable in a field of practice to act as a peer in some legal cases.
For example, the Professional associations do not always concern themselves with
licensure or the equivalent or government regulations. In the United States,
journalists seek to avoid government involvement in their work or "official"
definitions.
BIBLIOGRAPHY
1. BT Basvanthappa, ―NURSING ADMINISTRATION‖ Second Edition, Jaypee
Brothers Medical Publishers, Pg No:212-257
2. Linda Roussel, ―MANAGEMENT AND LEADERSHIP For Nurse
Administrators‖, Fifth Edition, Jones And Bartlett Publishers, Pg.No:452-470

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3. SL Goel, ―HEALTHCARE SYSTEM AND MANAGEMENT: HEALTH CARE
MANAGEMENT AND ADMINISTRATION‖, First Edition, Deep And Deep
Publications, Pg.No:289-306
4. John A. Abowd. The Quarterly Journal of Economics (1993).   The Effects of

Product Market Competition on Collective Bargaining Agreements: The Case of

Foreign Competition in Canada 108 (4):  983-1014
5. Chabra.T.N. Principles and Practice of Management. Ninth Edition. Delhi: Natraj
Printers; 2008. Page no. 432-456.
6. Huston.J.C. Marquis.B.L. Leadership Roles and Management Functions in
Nursing: Theory and Application. Sixth Edition. New Delhi: Wolter Kluver India
pvt ltd; 2010. Page no. 122-124.
7. Collective bargaining coverage in western Germany www.google.com

8. Collective bargaining agreement www.google.com

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