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As A Manager What Are The Key Questions You Would Need To Consider When Faced With A Claim By A Trade Union For Collective Bargaining Rights?

2412 words - 10 pages

As a manager what are the key questions you would need to consider when faced with a claim by a Trade Union for collective bargaining rights?This essay shall lend itself to the identification of U.K collective bargaining rights, an initiative the author intends to link to Trade Unions and the Employment Relations Act (2004).Once the aforementioned has been clearly highlighted, the essay shall concern itself with the identification and comparison of alternative bargaining powers in the interest of establishing the contention as to whether or not trade unions need to be recognised.Finally the essay shall flow into the direction of highlighting key questions managers need to consider when faced by a Trade Union with a claim for collective bargaining rights.It is important to appreciate at this stage, that any such questions later discussed are likely to be specific to the businesses sector/industry, size and demographics.The essay, shall concentrate predominately on four areas of the collective bargaining concept that managers need to question. Namely: bargaining type, units, level, scope, and bargaining forms, all of which shall be covered in detail as the essay progresses.It is necessary before delving into the breadth of this essay to offer the reader definitions of two key terms, collective bargaining and Trade Unions and a brief description of the Employment Relations Act (2004). Firstly the author offers the definition of collective bargaining as offered by Lewis et al, (2003) p.212...a voluntary, formalised process by which employers and independent trade unions negotiate, for specified groups of employees, terms and conditions of employment and the ways in which certain employment-related issues are to be regulated at national, organisational and workplace levels.Green, (1994) concurs with Lewis et al definition offered above, however extends upon it to add the following as what Lewis et al describes as employment-related issues: pay, premiums and bonuses in terms of pay scales and basic rates, overtime and weekend premiums, and group bonuses, commission, and profit sharing respectively. Also referred to as bargaining scope.Hours and Holidays also feature in the concurring definition in relation to a basic working week, start and finish times, flexi time, holiday pay and basic holiday entitlement. Other areas that Green believes to constitute employment-related issues include, safety and welfare, pensions, notice periods, training and finally equal opportunities.Secondly the author offers a brief overview of the Employment Relations Act (2004), for the purposes of the essay; the author intends to concentrate on sections of the act most relevant to the essay title - collective bargaining.The majority of the requirements of the aforementioned Act form part of a group of reforms to employment law and trade union law outlined in the Governments White Paper, Fairness at Work, published in May 1998. With regards to employee consultation the Act...

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