Collective Bargaining Manual (Word for Windows)

Document Sample
Collective Bargaining Manual (Word for Windows) Powered By Docstoc
					TRADE UNION TRAINING MANUAL
 ON COLLECTIVE BARGAINING
TRADE UNION TRAINING MANUAL
ON COLLECTIVE BARGAINING




                                                                                   page


 1. INTRODUCTION……………………………………………………………………..2

 2. EDUCATIONAL METHODOLOGY………………………………………………..6

 3. THE METHODOLOGY OF EVALUATION……………………………………...24

 4. COLLECTIVE BARGAINING STRATEGIES……………………………………32

 5. LEARNIG ACTIVITIES…………………………………………………………….49

 6. COURSE FORMATS FOR USING THE LEARNING ACTIVITIES………….171

 ANNEXES……………………………………………………………………………….174
     Annex 1: End of course evaluation questionnaire..………………………………....175
     Annex 2: a) ILO Declaration on fundamental principals and rights at work and its
 follow-up; b) Tripartite Declaration of Principles concerning Multinational Enterprises
 and Social Policy ...…………………………………………………………..……….….182
     Annex 3: Convention No. 87…………………………………………………….….196
     Annex 4: Convention No. 98…………………………………………………….….199
     Annex 5: Convention No. 151………………………………………………………203
     Annex 6: Convention No. 154………………………………………………………207
     Annex 7: Recommendation No. 91…………………………………………………210
     Annex 8: Recommendation No. 92…………………………………………………214
     Annex 9: Recommendation No. 159…………………………………………….….216
     Annex 10: Recommendation No. 163………………………………………………..218




                                            1
SECTION 1


INTRODUCTION




               2
1. INTRODUCTION




In the mid 1990‟s, the ILO International Training Centre in Turin, Italy, delivered a series
of trade union training programmes on the broad theme of `Trade Union Training for
Collective Bargaining'.

The design and delivery of the courses involved close collaboration between the
Programme for Workers‟ Activities of the ILO Turin Centre and the Bureau of Workers‟
Activities of the ILO (ACTRAV), Geneva. Each Turin Centre Programme lasted for an
average of four to five weeks. Course participants were drawn from Africa, Asia and the
Pacific, and the Caribbean; the working language of individual courses reflected regional
requirements.


It should be stressed that the original course activities were developed for trade union
training provision at the international level; consequently some adjustments were made to
their design for incorporation in this package and their application at both the national and
local level. In this way it is hoped that experienced workers' educators and trade union
trainers/tutors will be able to adapt the activities to their own local circumstances and
course programmes. Some activities will require further re-drafting to suit specific local
requirements. It is anticipated that trainers/tutors using these materials will carry out an
assessment of their course participants' needs and objectives, and will adapt the materials
accordingly.


Structurally, the package is divided into four parts:

       •    Educational Methodology

       •    Methodology of Evaluation

       •    Collective Bargaining Strategies

       •    Learning Activities

       •    Course Formats for Using the Learning Activities




                                               3
Educational Methodology

This subject is discussed in greater detail in Chapter 2. Nonetheless, it is important to note
here that the methodological approach used throughout the package begins with the
identification of needs, problems and issues, and moves on to finding and using
information which, in turn, leads to the development of plans, strategies and solutions for
practical implementation. Such an approach is transferable to all forms of trade union
training.


Methodology of Evaluation

Much attention is given to the issue of evaluation. A full discussion of its methodology is
to be found in Chapter 3, while Chapter 5 provides examples of how evaluation can be
continuously incorporated into programme activities.


Collective Bargaining Strategies

This chapter provides important information concerning collective bargaining that will be
useful for the learning activities.


Learning Activities

The learning activities found in Chapter 5 are intended primarily for use with trade union
officers. It is expected that they will usually be actively involved in workers' education
programmes as trainers or educators. However, the activities have been designed in such a
way as to be used also by trade union officers responsible for the policy development of
workers' education but who are not trainers themselves.

Each course participant will have different experiences, local circumstances and objectives.
Thus, the course outcome for each individual will be dependent upon that person's skills
and needs. Broad trade union aims and perspectives will hopefully be developed and
shared in such a way that all participants will be able to apply the course results to their
own specific situation. This, in essence, is the form of trade union training presented here.

Throughout the package, emphasis is placed on the development of the training/educational
function, and on the further production of learning materials which will hopefully support
the strategic development of trade union training. It is important to make this clear to
potential participants at the time of their recruitment for a course which makes use of this
pack.

This pack is part of an extended series of publications on the theme `Active Learning
Methods in Workers' Education'.


On the whole, this substantial body of course work has made it possible to develop new
training and learning materials, all constructed within the framework of participative or


                                              4
active learning approaches. Therefore these learning materials have been subjected to
continuous testing and re-evaluation. Some material has been rejected, some other has
been amended and hopefully will be improved over time. Most of the material originated
in Turin, within the Workers' Education Programme, however drawing upon the skills and
experiences of colleagues from many trade union movements who, from time to time, have
assisted in programme development through their teaching contributions to course
activities.



Enrico Cairola

Programme for Workers Activities
International Training Centre of the ILO




                                           5
SECTION 2


EDUCATIONAL METHODOLOGY




               6
2. EDUCATIONAL METHODOLOGY




The chapter aims to explore the range of educational methods which are appropriate for the
delivery of trade union training programmes on collective bargaining themes. It is sub-
divided as follows:


       •   Introductory comment

       •   Planning

       •   Implementation


       Using the Methods

       •   Large Group Work

       •   Small Group Work

       •   Role playing

       •   Practical Sessions

       •   Course Meetings

       •   Lectures and Visiting Speakers

       •   Evaluation


In Chapter 5 (Learning Activities) appropriate teaching/learning methods are recommended
for each activity. Cross-referencing to the application and use of the recommended
methods should be made to the appropriate section in this chapter (see above for
references).

All the recommended methods are based on the principle of learning through doing. This
concept is based on using the experience and skills of participants within a learning
environment which emphasises the continuing practical engagement of course participants
in course activity. Through this approach, research has found that knowledge increases and
skills are refined and developed.




                                            7
The learning activities, which form the core of the pack, incorporate a variety of methods
familiar to many trade union trainers and course participants alike. Such methods are
transferable across the full spectrum of trade union training. All the methods have a
practical basis with emphasis on learning through doing. Several of the methods can also
be activities, such as role playing, teaching presentation and evaluation.



 CHECKLIST: EDUCATIONAL METHODS


 Each of these methods is discussed in full in the section “Using the methods”.

         • large group work

         • small group work

         • role playing

         • practical sessions

         • course meetings

         • evaluation



The two key components of any educational approach are the content and the process.
These will be determined by the objectives of the course, and by the aspirations of the
participants and trainers.

The materials in this pack focus primarily on process and, as a part of that process, exploit
the experience, research activities and objectives of the course participants and the course
trainers(s). Therefore, process is central to the management of the learning experience.
Careful planning, preparation, and adjustments during any course are necessary to make
full use of process as an educational method.

The active learning approach to trade union training requires that courses begin by drawing
on the experience, skills, knowledge, attitudes and objectives of the participants.
Experience and knowledge are reviewed, attitudes are analysed and skills are developed
and improved through working collectively. As part of this process, participants are
encouraged to apply the results of their course activities to their local and/or labour
environment by producing a work-plan. This focuses activity on practical outcomes and
relevant contents.




                                             8
Both the trainer and the course participants should ask themselves the following questions
about process and contents:

       •     What are we gaining that can be applied to our local/labour environment?

       •     Is the course improving our skills and knowledge?

       •     Is the course helping us to operate more effectively in our local/labour
             environment?


The trainer should be asking these questions at the planning, implementation and
evaluation stages of a course, while the methodological process encourages participants to
do the same during a course.



Planning

Planning of a trade union training course should be carriet out at four levels:

       •     What are we gaining that can be applied to our local/labour environment?

       •     Overall administration:
             - How many participants and what kind of rooms, equipment, food,
                  accommodation are needed?
             -    What is the required budget?
             -    What travel arrangements need to be made?

       •     Course planning:
             - Who are the participants? What are their needs?
             - What are the needs/constraints of the trainer and the organisation
                responsible for
                the course?
             - What materials and resources are available?
             -    What methods will be used?
             -    What are the course objectives?
             -    How will the programme/timetable meet the above?
             -    What outcomes are realistic and achievable?
             -    What are the required skills for trainer(s) and participants?
             -    What methods of evaluation should be used?



       •     Session planning:


                                              9
               -   What will participants gain from this session?
               -   What is the process/content?
               -   How does this session relate to the rest of the course?
               -   How long will the activities take?
               -   What materials/resources are needed?
               -   How will this session be evaluated?

Clarity on the overall objectives of a course, the personal objectives of each participant and
the aims of each session is essential. Sessions should be planned to include various types
of activities so that participants may experience a variety of learning methods. Activities
should be relevant to content themes and designed to foster the development of practical
skills in the field of collective bargaining.


Implementation

In order to achieve maximum effectiveness through participative methodology, it is
necessary to examine the learning environment itself. It is important to create an
environment in which the role of the trainer can be flexible and in which participants can
operate comfortably.


 CHECKLIST: THE LEARNING ENVIRONMENT


 The following tips will help to achieve maximum verbal and non-verbal
 communication in the learning environment:

         •   Eye contact: can everyone see each other?
         •   Listening: can everyone hear what is being said?
         •   Visual aids: can everyone see/hear them?
         •   Seating/working space: is it informal/flexible?
         •   Physical comfort: light, ventilation, heating, access to facilities, toilets

 Note: circular arrangements and small groups achieve the above




It is important to set up the room and working areas before a course session begins. A
welcoming, efficient work area encourages participation and increases productivity.

Implementation of individual activities and sessions is dealt with in Chapter 5 – Learning
Activities.




                                                10
Evaluation

Evaluation processes should be built into course structures, both in terms of education
methodology and as analytical process. Each type of activity and task should be reviewed
and its usefulness evaluated. Activities can be reviewed daily (through course meetings,
weekly reviews and end-of-course evaluations. These reviews allow to re-negotiate
activities and to focus on areas of particular need or interest, thus enabling full
participation by course members in the development of the course.



Using the Methods


Large Group Work:

Large groups are useful for:

       •   visiting speakers
       •   course meetings
       •   introducing activities
       •   report back sessions
       •   brief plenary opening and closing sessions


It is wise to keep large group work to a minimum, as experience has shown that large
groups can be slow to start working on set tasks; in addition, less confident participants
find it difficult to take part in the activities, whilst more dominant colleagues might
monopolise them.


       Points to consider:

       •   some participants find it difficult to speak in large groups;
       •   certain participants may tend to dominate large group discussions;
       •   trainers are responsible for activities and participation within large groups;
       •   large groups are excellent for lectures and visiting speakers, provided some
           time is allocated for participants to question the speaker;
       •   large groups must be used for setting tasks to be carried out in small groups and
           for sharing small groups work.




                                           11
Small Group Work:

Small group work is a dominant method in trade union training. Small group work is useful
for:



       •   participation:
           -     quieter, less confident participants can contribute more easily;
           -     it is easier to manage dominant group members;
           -     good atmosphere;
           -     group members are more relaxed and able to contribute more effectively.

       •   skill development:
           -      preparing reports, taking notes, listening, reporting back, making
                  presentations, chairing,collective decision-making and analysis.

       •   collectivity:
           -     co-operation in problem-solving, listening, discussing.

       •   pace of work:
           -     determined by group members.

       •   socialisation:
           -     regular rotation of the group members enhances social skills and ensures
           that course members get to know each other

       •   balance:
           -     groups can be set up based on different criteria according to the various
           types of activity




                                            12
CHECKLIST: SETTING UP SMALL GROUPS: PLANNING



Planning:

      • check task, time, relevance to course and participants

      • decide how you will determine who is in each group using the following
        criteria:
           - mix different levels of knowledge
           - mix different experiences
           - groups participants who know / do not know each other
           - according to the content of the activity, form uniform or heterogeneous
               groups
           - when do we form the team? when do we let the participants form the
               teams?
           - frequent changes create less stability, while no changes lead to less
               interaction and evolution

      • decide on the report back process




                                         13
CHECKLIST: WORKING IN SMALL GROUPS:
FROM AIMS TO EVALUATION




Aims:

        • explain clearly what you are doing

        • explain clearly what you expect the groups to do

        • explain clearly the reporting back procedure

        • explain clearly what the participants should achieve thrugh the activity or task



Activity:


        • make sure tasks are clearly understood

        • make sure allocated time is understood

        • make sure tasks can be carried out in the allocated time

        • make sure the reporting back procedure is understood

        • make sure groups have relevant information/material (not too much, and not
          too little)



Evaluation:

        • in each group check:

              - social interaction
              - application to task
              - working to time limits




                                           14
CHECKLIST: WORKING IN SMALL GROUPS:
REPORTING BACK AND SUMMING UP



Reporting Back:

       • stick to agreed method

       • keep to time allocation

       • allow as many participants as possible to participate

       • encourage discussion in large groups

       • trainer should not dominate discussion

       • evaluate: was method of reporting back effective for participants?



Summing Up;

       • note points for further development at later stage

       • develop and note differences of opinion

       • use flip charts to make summary notes for the group

       • good practice log for future reference




CHECKLIST: SETTING UP SMALL GROUPS:
POINTS TO CONSIDER



       • time management

              - setting tasks and activities
              - carrying out tasks
              - summary
(continues)




                                               15
 CHECKLIST: WORKING IN SMALL GROUPS:
 POINTS TO CONSIDER

           • Group Balance:
                 - various criteria: to mix skill levels
                                      to share varied experience
                                      to work away from or with known participants
                                      to build uniformed or varied groups ( e.g. all
                                      female/male, all quiet participants )
                 - when to mix: when to let participants choose
                 - too frequent changes: lack of stability
                   - no changes: not enough interaction and development



           • participation: is everyone contributing?

           • effectiveness: in relation to session/course/participants' objectives




Role Playing

This method is applied mostly in teaching presentations and in negotiating activities. Role
playing can be used in a variety of contexts:

          • interviewing activities

          • negotiating activities

          • teaching presentations

          • case studies


    Role Playing is useful as:

      • a way to develop and practice skills (e.g. preparing and presenting a case for
        negotiation)

      •     a way to increase confidence (e.g. arguing a case and dealing with counter
           arguments)

      • a way to encourage co-operative working (e.g. a team preparing a case addressed
         to management, members or government)



                                               16
CHECKLIST: SETTING UP A ROLE PLAYING:
PLANNING, AIMS AND ACTIVITY




Planning:

        • ensure relevance of roles and role playing

        • check on time allocations

        • decide on how groups/teams will be chosen

        • check on resources/materials needed



Aims:

        • explain clearly what you are doing

        • explain clearly what you expect groups/teams to do

        • explain clearly what participants should achieve through the activity



Activity:

        • explain the `ground rules' of role playing:

            - participants stick to the `brief'/role playing information
            - participants cannot make up new elements or information
            - any problems should be referred to the trainer
            - all participants will be given time to `de-brief' and to comment

        • explain time allocations: preparation, activity, de-briefing, reporting back

        • explain de-briefing process

        • explain evaluation processes

        • give out role playing situations/case studies




                                            17
CHECKLIST: SETTING UP A ROLE PLAYING:
DEBRIEFING AND FEEDBACK


De-briefing

      • allocate time for each role playinger to come out of role

      • suggest a relaxation exercise for this time

      • allow each participant to comment on his/her role and ask each participant to
        introduce themselves to their team as themselves


Feedback process:

      • ask role playingers (now out of role) to comment first

      • ask any observers of the activity to comment

      • encourage comments on effectiveness of strategies, rather than on personality
        or characterisation

          - ask:   how were arguments constructed?
                   how did the team work together?
                   what was the outcome?
                   could there have been different strategies/outcomes?


CHECKLIST: SETTING UP A ROLE PLAYING:
POINTS TO CONSIDER

      • be clear in briefing information on roles

      • remember that some participants find role playing difficult or embarrassing

      • remember to de-brief role playingers

      •    make role playing activities relevant to course objectives, and to the
          experience of participants

      • role playing can be fun, and instructional, but it is not a `game'

       • do not ask participants to play the role of employers in any negotiating role
         playing: the trainer(s) should assume this role.




                                          18
Note:

Trainers should always be sensitive to the responses of participants to role playing. This
should be a means to build self-confidence, not something that participants might come to
fear. Trainers need to be aware of the educational value of role playing. Therefore the
situations offered must be relevant to the participants’ needs.

Teaching presentations do not fall into this role/de-brief category in quite the same way.
Yet, sensitivity is still required to encourage participants and the above guidelines should
be followed for feedback comments.



Practical Sessions

This `learning through doing' method draws widely upon the participants' experiences,
attitudes, skills and knowledge. Since the objectives of any course should always refer
back to practical outcomes, a majority of activities should include this method. Note-
taking, writing group reports and researching information, for example, could result in the
production of:

  leaflets, posters, information sheets, publicity letters, teaching sessions, including
  course outlines and specific teaching materials,

all of which should be usable in a local context and can be added to personal resource
banks for future use.


 CHECKLIST: PRACTICAL ACTIVITIES


 Practical Activities in this training pack include:


         Activity                       Related Skills

         • problem solving:            - critical analysis
                                       - sharing information
                                       - working collectively
                                       - developing strategies


         • finding information:        - using resources
                                       - researching skills
                                       - re-using information
 (continues)




                                            19
CHECKLIST: PRACTICAL ACTIVITIES


Practical Activities in this training pack include:


               Activity               Related Skills

       • forming attitudes:           - critical analysis
                                      - re-evaluation of attitudes
                                      - effective argument and debate


       • microteaching:               - implementation
                                      - planning
                                      - evaluation


Individual activities in Chapter 5 describe methods of implementation, session aims and
skill development.



CHECKLIST: PRACTICAL ACTIVITIES:
POINTS TO CONSIDER


       • practical activities must be relevant to the course objectives and to the needs
         of the participants

       • sufficient time must be allowed for achievement

       •    re-using practical activities in different contexts consolidates skills and
           confidence




                                           20
Course Meetings:

Course meetings can form an integral part of any course and can be held either at the end of
the day, or, if applicable, at the beginning of the following day.


 CHECKLIST: COURSE MEETINGS



 Course meetings are useful for:

         • giving participants experience in running meetings
         • developing chairing and secretarial skills
         • developing effectiveness in meetings
         • providing opportunities to raise issues of concern to participants
         • providing an opportunity for regular evaluation of course management and
           development
         • providing opportunities for organisational issues - visits, domestic
           arrangements, etc.
         • developing a feeling that the course is `owned' by the participants
         • showing participants that their problems are important and can hopefully be
           solved
         • allowing participants to exercise influence on how the course progresses



 Further information on the methods and implementation of the course meeting will be
 found in Chapter 5: Learning Activities, Activity 4: Course Meetings.




                                             21
 CHECKLIST: COURSE MEETINGS: POINTS TO CONSIDER


         • the course meeting is an effective method of participative evaluation

         • make use of formal rules of meetings (e.g. to speak through the chair)

         • encourage good practice (e.g. good visibility, audibility, one person to speak
           at a time)

         • time keeping and keeping to the agenda are important

         • the trainer should only participate at the invitation of the chair of the meeting

         • the trainer still carries responsibility for the educational process

         • the trainer must respond to the issues raised through the course meeting,
           whether it relates to course organisation, structure, methods, content, or
           course development




Lectures and Visiting Speakers:

Lecturers and visiting speakers should understand the overall objectives of the course, and
the specific aims of their sessions.



Evaluation:

The process of evaluation is contained in Chapter 3. Here reference is made to evaluation
as an educational methodology.

Evaluation has various purposes. Within a training programme, its function is to describe
and communicate the experiences of both the participants and the trainer(s), and to express
a judgement on the value and effectiveness of the programme. It is important to fully
understand the whole experience of the learner and/or the trainer, not just one part of it. As
trainers, we can learn from this process and use such learning to make decisions; thus
striving to continuously improve the quality of training.

In order to achieve this, a variety of evaluation processes are needed and it is essential that
these are included in the structure and methodology of a course.




                                              22
CHECKLIST: THE REASONS WHY WE USE EVALUATION



How Evaluation assists the Trainer

      •it gives useful feedback on the course

      •it gives useful feedback on the materials and methods

      •it gives useful feedback on the experience of the participants

      •it enables the participants to enjoy their successes

      •it helps them to assess their weaknesses

      •it clarifies what needs to be changed or strengthened


How Evaluation assists Course Participants

      •it gives them the opportunity to assess their own learning

      •it gives them the opportunity to set realistic goals

      • it gives them the opportunity to discuss the learning process they have just
      completed


How Evaluation assists Workers' Organisations

      •it enables organisations to assess the effectiveness of their training programmes

      •it highlights gaps in the delivery and can form the basis of future planning

      •it improves support offered to trainers and participants

      •it provides information for potential funding bodies




                                           23
SECTION 3


THE METHODOLOGY OF EVALUATION




               24
3. THE METHODOLOGY OF EVALUATION




This chapter aims to introduce trainers to the theory and practice of evaluation. A
checklist on the reasons why we use evaluation techniques is to be found in the preceding
chapter. A full consideration of the application of evaluation processes to workers'
education is to be found in the March 1994 issue of Labour Education, published by the
ILO Workers' Education Branch.

The chapter is divided as follows:

       • Evaluation as a Process

       • The Trainer's Role

       • End of Course Evaluation


An example of an End of Course Evaluation Questionnaire is included at the end of this
document (Annex 1).




                                           25
Evaluation as a Process


Evaluation takes place continuously as people judge and reflect upon their experiences -
particularly their learning experiences. The private evaluation of individuals can be made
public when it is discussed within a group and, in that group, it can be further developed
through a shared analysis. In this way it can contribute to the development of the
individual, the group and the course.

Two key questions in this process are:

     • what is being learnt?

     • how is that learning taking place?


Evaluation is most effective when it becomes part of a continuous process. The
summarizing processes (e.g. the end-of-course questionnaire) can only reflect experience
for application elsewhere. It does not assist in guiding the learning experiences of the
participants themselves. Its value as an educational methodology is consequently limited.
The use of a formative/summarizing process (e.g. participants' skills profiles or
objectives/outcomes assessments) can be of more assistance to the participant. However,
this method has limited application in the generation of a negotiated learning process, or in
the evaluation of the trainer's role and educational methodology.

Course programmes and course activities described in this pack were designed so that
evaluation is central to the learning process throughout. In such a process evaluation
depends upon establishing individual and group objectives, which then generate collective
responsibility for the contents and progress of the course.

Concurrently, collective responsibility for the course methodology and working pace need
to be established at the start of the course. These will need to be reviewed by the trainer
and the participants during the course. Varied objectives, skills and commitment to self
development will ensure that each course is flexible and responsive to the needs of the
participants; this is achieved through the evaluation processes.

A structure including daily course meetings and weekly reviews can provide an effective
way of evaluating progress and development throughout the course, and of making use of
the participants' experience.

Evaluation can also take place, both informally and formally, at the end of any particular
session. This is useful when a new teaching method has been used, for example,. It is also
essential to evaluate the relevance of the course contents, for example, during the report
back sessions relating to small group work. Simple questions, such as the following, can be
asked:

       • do you need to know more about this?

       • does this take us beyond our levels of competence?


                                            26
       • can we use this information elsewhere?

       • have we left anything out?


Course structure and design should allow for particular sessions in which the groups can
evaluate in some depth what they have learnt and the methods that have been used. This
can lead to re-structuring of or changes to the program. This process must include the
trainer‟s experience and reflections of the trainer, and must truly strive to meet the needs of
the course participants.


 CHECKLIST: OBJECTIVES OF THE EVALUATION PROCESS


 The main objectives of any evaluation process should be:


         • to assess whether objectives and aims are being met

         • to clarify objectives for the future

         • to measure effectiveness and suitability of:

                 - course contents
                 - course materials
                 - course methods, processes
                 - the trainer's role
                 - the learning process

         • to assess the development of the participants

         • to assess the adequacy of the organisational arrangements

         • to generate change and improve ways of working

         • to work towards models of good practice

         • to establish the effectiveness and relevance of the providing organisation

         • to learn from the experience of the course participants




                                              27
The Trainer's Role

Trainers must careful in offering their own evaluation of the learning and development of
the course and the group. The trainer needs to help the group to shape ideas and interests
springing from continuous evaluation so as to maximise learning potentials within the
group. This may involve:


       • arriving at agreement on priorities when topics are too many or time is short

       • including all topics (not only those that initially appeared to have most support)
          all must be considered and quieter members need to be encouraged

       • devising strategies - projects, small groups, team teaching - whereby parallel
         learning can take place.

       • facilitating several simultaneous processes


It is important that trainers facilitate the evaluation process, and do not inadvertently
dominate it on account of their possibly wider experience or graeater confidence and skills.
Participants can be lead to defer to the power position of the trainer or can more usefully be
guided by his/her experience.

The participants‟ experiences thus produced will be very different and diverse will also be
the significance of the evaluation process employed.

It is important that the trainer helps the group to establish a `positive criticism' or
`constructively critical' approach to evaluation. Participants will then benefit from:

       • skill development

       • increased appropriateness of the course

       • dynamic teaching/learning methodology


The trainer will benefit from:

       • increased participation

       • higher motivation and skill development

       • interactive methodologies


To develop an evaluation process that is either totally complementary or full of negative
criticism is unhelpful to the participants, the trainers and, ultimately, the organisers.



                                             28
Effective evaluation increases the participants‟ and the trainer‟s learning and skills, and
leads to higher quality products. This in turn benefits the providing organisation by
enhancing its reputation; therefore the organisations which support course participants are
pleased with their investments.

It is only by the consistent use of thorough evaluation processes that the training `product'
can be made continuously relevant and of high quality.



 CHECKLIST: METHODS OF EVALUATION (1)


       • question/answer

         - informal:     in groups
                         in reporting back

         - formal:       questionnaire
                         final course evaluation form

         option: participants draft the final course evaluation form

       • discussion groups

         - informal:     no records

         - formal:       record on flip chart for report back
                         presentation


       • participant profiles:

         - skills evaluation/competence statements
         - outcomes assessment
         - self-assessment
         - trainer assessment



 Note: for profiles to be of any value they must have a formative and summarizing
       process (i.e. participants/trainers complete the same profiles at the beginning
       and end of course, and a comparison is made).




                                             29
CHECKLIST: METHODS OF EVALUATION (2)



   • course reports

     - by participants
     - by participants and trainer
     - by trainer
     - by participants' sponsors


   • course meetings

   • weekly reviews

   • mid course evaluation

   • exercises

     -specific tasks (e.g. analysis of teaching methods; practical skills sessions with
                     feedback; role playing; teaching practices; listing
                     strengths / further needs in relation to specific tasks; etc.)

   • follow up

     - one month / six months /one year review
     - questionnaire / conference / short course
     - on-line conference (distance education) for post-course evaluation




                                         30
End of Course Evaluation
It is now usual for many courses to offer an end of course evaluation process. This has
value in:

       •helping participants to assess their own learning

       •helping the trainer to consider future courses for other participants


When evaluation is built into the course as a learning process, the end of course evaluation
can fulfil several other objectives. It can become a review of the whole course, allowing
individuals to consolidate other evaluations and to assess for themselves what they have
learnt, how they have learnt, how they wish to continue learning and how they can assist
the learning of others. It is important that evaluation is seen both as the end and as the
beginning, of a process.

For the group, the final evaluation can usefully include a discussion on how the group has
achieved its objectives, how a wide range of interests and needs have been catered for, and
how participants feel at the end of the course. Evaluation must recognise that, while the
course will end, the process of learning will continue. Thus, it is important to equip
participants with learning skills that enable them to continue to learn effectively and to
apply their experience to their own trade union situation.

Evaluation, and the ability to engage in the evaluative process, will assist this on-going
learning and development.

In annex 1, you will find an end of course evaluation questionnaire.




                                             31
SECTION 4


COLLECTIVE BARGAINING STRATEGIES




                32
4. COLLECTIVE BARGAINING STRATEGIES


This chapter aims to provide analysis and comment on the issues which confront trade
unionists when they engage in collective bargaining. The subject matter of the chapter
provides important information to support the learning activities which follow in Chapter
5. These linkages are identified below in relation to the divisions of this Chapter:

       •The early development of collective bargaining
        See Participant Activities 6, 8.

       •Collective bargaining
        See Participant Activities 6, 7, 8, and 9

       •The role of collective bargaining
        See Participant Activities 7, 8, 9

        The different levels of bargaining
        See Participant Activities 8, 12, 20

       •Levels of bargaining: national/central (social pacts)
        See Participant Activities 8, 12

       •Levels of bargaining: sectoral/industrial
        See Participant Activities 8, 12, 20

       •Levels of bargaining: enterprise
        See Participant Activities 9, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22

       •What should be bargained at each level
        See Participant Activities 11, 12, 16, and 20

       •Bargaining procedures
        See Participant Activities 10, 11, 14, and 16

       •Trade Union accountability
        See Participant Activities 13, 14, 22, and 23

       •Preparing for negotiations
        See Participant Activities 10, 11, 13, 14, 15, 17, 19, 20, 21, and 22

       •Negotiating objectives
        See Participant Activities 10, 13, 14, 15, 17, 18, 19, 20, 21, and 23

       •Information needs
        See Participant Activities 15, 17, 18, 19, 20, 21, 22, and 24

       •Making agreements work
        See Participant Activities 15, 16, 19, and 21

       •Conciliation and arbitration



                                                        33
The Early Development of Collective Bargaining

Historically, the growth and development of trade unionism has reflected the collective
view of workers that by combining together to protect their interests they can better match
the power of their employers. From their early formative days, trade unions have sought to
represent the interests of their members to employers. Representation was usually informal
and irregular in the early period of trade union development, and often those who
represented their brothers and sisters faced great risk of prosecution and persecution.

A single issue of current concern - such as a grievance over the level of wages, or the
dismissal of a fellow worker - would provoke the workers' demand for the employer to
change whatever were the practices which were the subject of the complaint.
Representation then, was a form of action: workers would make representations to their
employer, using argument and other means to encourage a positive response to their
demands.

It was through these experiences that, over time, collective bargaining as a system
developed. That process of development was uneven, dependent upon the interplay of
economic, social and political factors within differing national contexts.

No matter how irregular that process was (and, in some national contexts remains)
collective bargaining is seen, by the contemporary trade union movement, as a major
means of advancing the interests of workers. For some national trade union movement‟s
collective bargaining is treated as the `lifeblood' of their activity, the very reason for the
trade union's existence. For other national trade union movement collective bargaining
represents a challenge in their current or next stage of development, requiring new policies
and practices and new skills and experiences.

Today the practice of collective bargaining is supported and sustained through international
treaty obligations. International Labour Standards, and in particular Conventions 87, 98,
151 and 154, recognise that collective bargaining is a main instrument in developing
effective social partnership within national contexts (these conventions and other legal
documents can be found in the Annexes 2 to 10). These four Conventions provide workers
with the right to freely associate as trade unionists, to organise, and to bargain collectively
both within the private and public sectors. The social partners - workers, employers and
governments - through their support for the principles and practices of collective
bargaining can contribute to meaningful pluralism in economic and social life.

For the world of labour, collective bargaining provides the means of defending workers'
interests and maintaining and improving their living standards. The term `collective
bargaining' embraces the various negotiating methods and procedures which are used to
reach agreement between trade unions and employers at all levels, from the individual
workplace to the company or industry, at local, regional or national level, or between single
unions and employers, or between groups of unions and employers' federations.

Collective bargaining procedures vary from one national context to another, but will
normally result from legal requirement (for example, the provisions of the Labour Code) or
voluntary agreement between the social partners. Procedures will normally set out the


                                             34
different stages of the negotiating process between the union and the employer, the
occasion for the use of conciliation or arbitration machinery, the reference of issues to third
parties or committees agreed by both sides, or laid down in the law. Where collective
bargaining fails to produce agreement then such failure may lead to industrial action or to
arbitration.


Collective bargaining

Collective bargaining is the foundation of labour relations and constitutes the spearhead of
the trade union movement. Around the world, negotiation mainly occurs at the following
levels:
- national: confederations/national trade union centres that bargain with the other social
            partners (governments and national employers‟ associations) social
            pact/national agreements on economic and social policy.
- sectoral:   federations/national sectoral unions that bargain with the national employers‟
              associations national collective agreements for a specific sector of the
              economy.
- enterprise: company/enterprise unions that bargain with the employers an enterprise
              collective agreement.

In a significant number of countries, the prevailing model of labour relations involves an
intervention of the state based on national legislation which regulates, and sometimes
limits, collective bargaining and the right to organise.

Moreover, one has to bear in mind that economic difficulties faced by a country could have
direct consequences on the improvement achieved through collective bargaining as regards
workers‟ conditions.

In countries where negotiation at the company level prevails, trade unions are prevented
from elaborating national strategies, thus contributing to maintain differences in treatment
and division among the workers in different enterprises of the same sector. On the other
hand, in countries where negotiation is more centralised via sectoral collective agreements,
the recourse to collective bargaining at the enterprise level is less common.

Over the last 20 years, a process aiming at decentralizing production (globalisation of
production via delocalisation and outsourcing) took place. This paved the way to the
progressive weakening of trade unions and the reduction of bargaining at the sectoral and
company level.

The introduction of new technologies and the development of new forms of work
organisation have resulted in a constant modification and fragmentation of production
patterns within small units, and in the re-organisation of production networks on an
international scale. This process, mainly driven by Multinational Enterprises (MNEs), has
guaranteed greater productivity gains that were rarely distributed to workers through the
extension of collective bargaining.



                                             35
All the global developments, mainly driven by technological changes, were also
accompanied by the introduction of neo-liberal economic policies through the Structural
Adjustment Plans (SAPs). These policies were based on liberalisation of trade,
privatisation of public services, reduction of welfare provisions and flexibility of labour
market policies.

As part of the effort to build a global network of trade unions, there is a need to strengthen
and broaden the linkage between enterprises and sectoral collective agreements, both at the
national/regional and global level. This process would facilitate labour unions, thus
achieving global objectives and responding to the main challenges imposed by
globalisation.



The role of collective bargaining


Collective bargaining is the foundation of contemporary labour relations. It is the primary
means of action for unions which strengthen their importance through its recourse.

One and a half century ago the first collective agreements negotiated in Europe covered
issues such as wages and work schedule. Obviously, wages are always at the centre of
discussions, even though many other matters are negotiated through collective agreements
today.

Collective agreements represent a “labour legislation” which settles the working conditions
of millions of workers. They address a variety of issues such as:

            -   Wage (schedule, piecework, and other forms of bonus);
            -   Work-schedule, overtime and related pay, night work, rest periods;
            -   Annual holidays (length, period, economic treatment);
            -   Absence related to illness or other reasons (e.g. pregnancy, trade union
                activities, studies) and corresponding wage compensation;
            -   Dismissal;
            -   Social welfare (e.g. pension funds and medical insurance funds);
            -   Productivity objectives;
            -   Consultation process;
            -   Procedural agreements.

Often collective bargaining does not only address the various issues mentioned above, but
also provides for their practical implementation and follow-up, thus regulating the
relationships between employers and workers.



The different levels of bargaining

The most common levels of negotiation are: (a) national or central (upper level); (b)
sectoral or industrial (intermediate level); (c) enterprise (lower level).


                                             36
Levels of bargaining: national / central (social pacts)


The national/central level is defined according to its range of action. Generally, this level
covers all industrial sectors.

The national/central bargaining was developed to support the implementation of welfare
policies (e.g. unemployment indemnities, pensions), vocational training and employment
policies. The agreements resulting from this level of bargaining play a major role both in
case of important macroeconomic problems and difficulties in the control of the wage
dynamic, and in the restructuration of employment and labour market.

Compared to the other levels or bargaining, the national/central level protects the economic
and social rights of workers in general, striving to influence the economic policy in their
favour.

Generally, main players at this level are trade union confederations/national centres,
national employers‟ organisations and the government.


     Content

Generally, this level of bargaining covers aspects related to:

   a)    the remuneration
                - wage policy

   b)    the labour market
                 - employment problems
                 - vocational training
                 - active labour market policies

   c)    economic policy and social protection of workers:

         -       pensions
         -       health and safety provisions
         -       welfare provisions

         This type of negotiation is quite common in the event of a particular social and
         economic crisis. A decision - taken at this level by workers, employers and the
         government - to open a tripartite negotiation on major national policy issues has
         an important symbolic and political outcome. The negotiation of a “social pact”
         acknowledges the need to find a compromise which goes beyond the specific
         interests of the three parties.

         In most cases “social pacts” set the orientation and general framework for the
         extension of negotiation between workers and employers at the sectoral or
         enterprise level. By doing so, the “social pact” promotes an income policy based
         on the control of wage increases according to the projected inflation rate.


                                             37
Levels of bargaining: sectoral / industrial


Sectoral bargaining has been the principal feature of the contractual structure in many
countries (e.g. chemical industry, metallurgical industry, transport, etc.). Traditionally, the
national agreement has played the role of unifying labour conditions of sectoral workers by
assuring a minimum framework of workers‟ rights.


The main players are, on one side, the national organization of employers and, on the other
side, the trade unions organized by sector. In general, the elaboration phase of the platform
is a trade union initiative preceding the launch of the bargaining process.


Sectoral bargaining is mostly related to wages, holidays, workings hours, workplace
security, indemnities, pensions, disciplinary and reclamation procedures and other aspects
of working conditions.


The sectoral agreements can be specific and sometimes parties can agree to reach more
than one agreement, each one on a specific topic (e.g. wage and hours of work or pensions
or security). Higher level agreements do not necessarily apply rigidly all the way down the
line. An agreement for example, might set a minimum basic wage rate for an industry as a
whole, which should not be undercut by companies that are party to the agreement. In this
way such an agreement would set a wage floor, but not a wage ceiling, encouraging trade
unions at local level to improve further the agreement at the enterprise level.


The trade union establishes the platform of claims which will be the object of negotiations
at the sectoral level (national) and it sets the framework for further negotiations that can
take place at the enterprise level.


     Content

     Sectoral bargaining takes into account almost all the labour relations aspects, such as:

                        -qualifications and work distribution
                        -wage structure
                        -schedules and periods of work
                        -trade union rights
                        -right to be informed
                        -right to follow-up the application of the collective agreement.




                                             38
     The `contents' of the sectoral agreement might also cover the following issues:

     •          Wages

     •          Regional supplements

     •          Productivity bonuses

     •          Pensions

     •          Hours of work

     •          Overtime

     •          Shift working

     •          Standby duty

     •          Call out arrangements

     •          Night work

     •          Holidays

     •          Sickness leave and allowances

     •          Maternity/paternity leave

     •          Travelling and subsistence allowances

     •          Health and safety

     •          Collection of trade union subscriptions

     •          Facilities for trade union representatives

     •          Recognition agreement

     •          Grievance procedure

     •          Discipline procedure

     •          Disputes procedure

In conclusion sectoral collective agreements apply to all companies that belong to the
national employers‟ organization or to the sector concerned by the extention process layed
down by national legislation.




                                             39
Levels of Bargaining: Enterprise


Unlike the national/sectoral bargaining, which concerns general provisions, at the
enterprise level specific provisions and conditions are negotiated in relation with the
specific working environment of the enterprise.


The platform of claims is generally linked to a trade union initiative. At this level, the
parties can vary. The initiative can come from the trade union representatives, or by
representatives of a workers‟ committee. On the other side, the management negotiates for
the enterprise. In small companies, the employer himself goes to the bargaining table.


     Type of agreements at the enterprise level

     There are different types of agreements at the enterprise level. Here are two of them:

     -          Agreements that integrate or adapt the sectoral agreement. They take into
     consideration the particular situation of an enterprise and add some specific
     advantages. These agreements often are concluded in large enterprises.
     -          Autonomous agreements. In this case, the enterprise level agreement has a
     complete liberty to add additional provisions or new ones because there is no sectoral
     agreement signed between workers‟ and employers‟ organizations at a higher level.

     Nowadays, the trend is to separate the themes negotiated at the sectoral level (e.g.
     basic wage standards) from the agreements at the enterprise level (e.g. wage
     according to productivity).


     Content

     In general, it concerns problems linked to the enterprise‟s specific situation, like its
     productivity, working schedule, labour conditions, labour organization, etc.

     The enterprise level agreement can integrate or adapt a sectoral agreement. When
     this occurs, the provisions of the sectoral agreement are considered as a minimum
     standard and the enterprise agreement can add further provisions or new ones.

     Traditionally, enterprise level negotiations were limited to wage increases, respecting
     generally the ones fixed at superior levels. Nowadays new qualifying issues such as
     work schedule, training qualifications, wage structure, productivity, health and safety,
     vocational training are integrated in enterprise agreements.

     In particular the issue of productivity has been negotiated at the enterprise level.
     Productivity increases are not only bargained according to the national wage fixing
     system, but as a component of all the factors that can influence productivity, such as
     technological innovations, the work length or the production layout.



                                            40
The content of this level of bargaining can vary according to the following factors:

  The dimension of the enterprise;

  The economic situation of the company. In periods of crisis, the negotiations are
  aimed towards protecting employment and there is less bargaining on the issue of
  wages;

  The employment dynamic. Negotiation are directly associated with the dynamic
  of the labour market.



The major topics discussed at the bargaining table are:

a) Reduction and flexibly of working hours
    In the 90‟s it became an instrument for job creation and a way to improve
    productivity.
    Related topics at the enterprise level bargaining are: the work length, the sharing
    out of working hours, overtime, shifts working (number of shifts, standby duty,
    etc.).

b) Organization, versatility and mobility of labour
    This issue is often linked to the restructuring of the working process. The
    evolution of the enterprise has a great impact on the traditional qualification of
    workers. The range of qualifications and skills required by the enterprise has
    increased as well as the need to introduce flexibility and mobility of labour.

    Technological changes are now a threat to the protection of the professional
    status of workers and of their income. This has become a key negotiation topic
    at the enterprise level.

c) Training and vocational training
    Versatility and mobility are conceivable only after an appropriate training.
    For the trade unions, training is seen as a form of protection against new
    technologies and structural changes in the production process. Employers are
    also sensible to the necessity to adapt workers qualifications to the new
    production requirements.
    Even when trade unions are consulted about the training programs, the
    employers rarely accept to negotiate their orientations or objectives.
    Enterprise agreement covering training and vocational training include clauses,
    such as retraining, redeployment of workers and job creation (youth training
    agreements).



                                       41
     d) Wages and bonus
          Recently, wage flexibility became an important element of wage bargaining.
          In practice wage agreements are fixed according to a past inflation index (if there
          is no national bargaining), to the increase of productivity and in relation with
          quality improvements in working process.

     e) Employment and labour market policies
          Active labour market policies can support the development of enterprise
          agreements favouring working hours reduction (and eventually a cut in wages)
          and preservation of existing staff and job security (as a remedy to the
          introduction of new technologies).

Finally there are other issues which could be negotiated at the enterprise or at the
workplace levels such as:

            -   Interpretation and implementation of national agreements at the enterprise/
                workplace level;
            -   Respect of the existing agreements and practices;
            -   Bonus, promotions, subsidies;
            -   Overtime, shift work, staff;
            -   General questions about labour conditions and OSH;
            -   Disciplinary measures (internal settlement, procedure for the resolution of
                grievances);
            -   Respect of collective agreements. Implementation, interpretation and
                conciliation.



What should be bargained at each level

The distinction between issues that are negotiated at various levels must be fully
appreciated by trade unionists. As we have suggested, there may be different approaches at
the country level and from sector to sector. The following checklist should assist trade
unionists in identifying the `packages' of issues which are negotiated at the enterprise level
and/or workplace higher levels (or not negotiated at all):




                                             42
                                                 WHERE BARGAINED:           NOT BARGAINED
                                                                            AT ALL
                                                 WORKPLACE     HIGHER
                                                 LEVEL         LEVEL
Basic rates of pay or salary
Hours of work
Times of starting, finishing, breaks, etc.
Promotions
Bonus payments (including productivity)
Grade rates
Shift premia
Arrangements for who works shifts
Number of days holiday
Holiday pay
When holidays are taken
Call-out pay
Standby pay
Maternity Pay
Paternity pay
Sick pay
Flexibility (doing different jobs)
Mobility (doing same job in different places)
Clothing and footwear allowances
Free laundry
Covering for absent workers
Travelling allowances
Meal allowances
Canteen prices and subsidies
First aid allowances
Training allowances
Trade union rights (time off, meetings at
work, etc).




 Bargaining procedures

 When trade unionists prepare for negotiations with employers the first stage to their
 preparations is to be clear about the rules under which bargaining will take place. The
 kinds of issues, which are relevant here, can be represented by the following questions that
 trade union officers should ask themselves:

         •Is this an individual or a collective issue?

         •Are there existing procedures or agreements that I must follow?


                                                43
       •Are these agreements substantive or procedural?

       •Am I recognised by the employer for consultation and negotiation?

       •Am I raising new negotiation issues? Or am I seeking to change existing formal
       or informal agreements?

       •Is my employer seeking to pull out or diminish national/regional/enterprise
       agreements? If so, is this being done unilaterally or with the collusion of other
       employers?

       •Should I test the waters as to how management/the employer will react before the
       meeting?

       •Can I negotiate on my own or do I need authority or help from another part of the
       union?

       •Is this a problem only affecting one individual at the moment, but which could
       affect others in the future (e.g. redundancy)?

       •Is this a problem concerning a group of members, but can I best deal with it by
       taking a test case?



Trade Union Accountability

It may be that the issue or subject matter is an individual grievance which you are
presenting to the employer, or it may be that you are part of the trade union side negotiating
a substantial issue such as a wages claim. Whatever the issue, certain principles constitute
permanent reference points. Arguably the most important of these is recognition of the
principle of accountability: your accountability as a trade union officer for your actions to
the members you directly represent and to the policies and priorities of the trade union
from which you derive your authority as a trade union representative. How this works in
practice can be demonstrated through the diagrammatic presentation of how a wages claim
can be prepared, agreed by the trade union, and negotiated with the employer:


Union conference of members to draw up claim

Claim presented to employer‟s side

Employer adjourn to think about it
and comes back in a few weeks with a response - its first offer

Union studies this first offer and asks employer to re-examine its first offer
taking into account the union‟s proposals



                                              44
Following another adjournment employer comes back with their `final' offer

After several hours of bargaining this offer is improved
and the union side decides to recommend acceptance of `final final' offer to members

After ballot/consultation members vote to accept/reject

Union side formally signs agreement with employer‟s side/takes industrial action

Implementation and monitoring of the agreement



Preparing for Negotiations

The effective preparation of any claim to the employer is of paramount importance.
Employers rarely say whether a well-prepared claim has had any influence on their
thinking. Many trade union representatives find it easier just to present a shopping list and
wait for the employer to respond. Some people think that bargaining is really about power,
not reasoned arguments, thinking, in this way that preparation is unnecessary. But there are
several reasons why preparation is vital and why bargaining will never be very effective
without it:


       •Well-prepared arguments do affect the employer, though they will never admit it.
       Employers prefer to appear reasonable rather than be seen to rely on naked
       economic power. Some employers are not completely deaf to a good, reasoned
       case, particularly if it demonstrates benefits to them as well as the union.

       •Many people think employers never pay attention to reasoned arguments or facts
       and figures. But some kinds of arguments can have great effect. For example,
       employers care that if they pay too little then staff might leave, turnover and
       absenteeism go up and morale might take a turn for the worse. So employers often
       try to pay the `going rate'. If a claim can show that they are well below the going
       rate then that is an argument they should be willing to listen to (members will be
       interested too).

       •Careful preparation means that when it comes to verbal bargaining the trade union
       side negotiators will be more familiar with the facts and arguments and thus more
       convincing to employers.

       •Union members will be far more likely to support their union negotiators if those
       negotiators have taken the trouble to argue, persuade and convince the members
       that they have a strong, reasonable case before the talks begin.




                                            45
Negotiating Objectives

In planning the bargaining strategy to be pursued, the overall negotiating objectives must
be consolidated. Of these, the most important is, `What do we want from the employer?'.
Experienced trade union negotiators often present the answer to this question in the form of
the minimum which is acceptable, and the maximum which can be realistically achieved.
For the trade union negotiators, the bargaining process should produce an agreement which
lies within this spectrum. Diagrammatically, we can illustrate the areas of acceptable
agreement in the following way:



 minimum                             negotiating objectives                                      maximum




  What you cannot           What is the outer limit         What realistically        What would you
  agree                     you could agree to?             might you be able to      ideally like to
                                                            achieve?                  achieve?

  Unacceptable              Area of least preferred         Second best type          Area of most
  solutions, not a basis    solution, but still just        solutions which may       preferred solution.
  for settlement (at this   acceptable.                     however represent
  stage). "Not on".                                         realistic, feasible       "What I would really
                            Represents the limits of        "common ground"           prefer is ..."
                            your authority. "My             and an acceptable
                            sticking point is . . ."        basis for settlement.
                                                            "I could live with it."




Information Needs

It goes without saying that the trade union's preparations for bargaining with the employer
is greatly assisted if they have access to appropriate information. For negotiations on the
main terms and conditions of employment issues, the trade union side should seek from the
employer regular access to the following forms of information:


Wages and benefits: principles and structure of payment systems; job evaluation systems
and grading criteria: earnings and hours analysed according to work-group, grade, plant,


                                                       46
gender, out-workers and home workers, department or division, giving, where appropriate,
distributions and make-up of pay showing any additions to basic rate or salary; total pay
bill; details of fringe benefits and non-wage labour costs.


Conditions of service: policies on recruitment, redeployment, redundancy, training, equal
opportunity, and promotion; appraisal systems; health, welfare and safety matters.


Manpower: numbers employed analysed according to grade, department, location, age and
gender; labour turnover; absenteeism; overtime and short-time; manning standards;
planned changes in work methods, materials, equipment or organisation; available
manpower plans; investment plans.


Performance: productivity and efficiency data; savings from increased productivity and
output; return on capital invested; sales and state of order book.


Financial: cost structures: gross and net profits; sources of earnings; assets; liabilities;
allocation of profits; details of government financial assistance; transfer prices; loans to
parent or subsidiary companies and interest charged.



Making Agreements Work

Once negotiations have been completed, and agreement has been reached between the two
sides, a number of questions have to be addressed if the agreement is to be effective.

Firstly, it is essential that there is an officially agreed written record of the agreement
signed by the trade union and the employer. If the employer publishes this record, the trade
union must check that it conforms to what has been agreed.

Secondly, the agreement must be communicated to all appropriate levels within the union.

Thirdly, once the agreement is in force the trade union must ensure that the employer
implements the agreement and does not introduce obstacles to its implementation.

Fourthly, the trade union should recognise that the regular review of the operation of the
agreement is an essential component, and the first stage to developing further bargaining
objectives, which at the appropriate time, should be negotiated with the employer.




                                            47
Conciliation and Arbitration

The approach to collective bargaining, described in this Chapter has assumed relative
freedom on the part of trade unions and employers to determine the subject matter and
process of bargaining. `Freedom' to bargain may, however, operate under certain restraints.
It may be that the Labour Code prescribes the subject matter of collective bargaining, the
forms of bargaining (including levels of bargaining), and the ways in which the
negotiations can be mediated through state involvement (be it through a Labour Court, a
Ministry of Labour, or an Industrial Relations Commission).

These external `restraints', of course, must be taken into consideration by trade union
negotiators engaged in collective bargaining.

Importantly, procedural agreements (as well as the Labour Code) may prescribe the
intervention in the bargaining process of the following means of resolving any dispute
which occurs through lack of agreement between the trade union and the employer:

       •Mediation and Conciliation;
       •Arbitration.

Conciliation services can be a valuable adjunct to the bargaining process. Professional
conciliation can provide the necessary encouragement and advice, which allows differences
between negotiating sides to be overcome. This is especially valuable when a climate of
distrust prevails between the social partners. If conciliation services are to be used, it is
important to identify precisely the forms, methods and stages of the conciliation process.
Additionally, the trade union and employer sides should respect any confidentiality
attached to the consultation process.
The use of arbitration poses similar considerations. If arbitration is to be used should it be
compulsory or voluntary on the social partners? Compulsory arbitration has often
restrained the bargaining process, discouraging the search for agreement between trade
unions and employers. Terms of reference for arbitration should be subject to mutual
agreement, thereby providing greater credibility to the exercise.

In general terms the collective bargaining process can be assisted and informed by
conciliation and arbitration services. However, trade unions should be vigilant in ensuring
that the freedom to collectively bargain is not so constrained by the imposition of
conciliation and arbitration processes as to weaken and restrict both the practice of
collective bargaining and the role of trade unions as defenders of workers' interests. One
final point which trade unions should remember - by its very definition the process of
„bargaining‟ or „negotiation‟ implies the notion of „compromise‟. In the search for
„agreement‟, both trade unions and employers must recognise that agreement will only
come if an atmosphere of mutual trust and respect is fostered. Sometimes this may not be
easy. Mediation and conciliation, through external agencies, can play an important role in
establishing an atmosphere conducive to a genuine search for agreement by the social
partners.




                                             48
SECTION 5


LEARNING ACTIVITIES




                 49
5. LEARNING ACTIVITIES




The learning activities, which follow, are divided into five sections, each of which
represents a group of topics on and collective bargaining. A sixth section offers some
examples of ways in which the learning activities can be used on courses of different length
and emphasis. All the activities require the application of active learning methods by the
trainer. Tutors or trainers with little experience in these methods should ease themselves
into the approach by incorporating one or two of the activities into their traditionally
delivered training programmes. In all cases Chapters 2 and 3 of this publication should be
read carefully before using the activities produced here.

These learning activities follow a common approach in their design. Each incorporates
three distinct stages:

       •         Introduction

       •         Activity

       •         Report back


Stage 1: Introduction

At this stage the tutor needs to outline the activity to the participants, drawing particular
attention to its aims and the task(s) to be completed.

The amount of time allowed for each part of the activity is specified. Any resources to be
used by the participants to complete the activity should also be referred to.

A clear introduction helps participants to understand and undertake the activity being set.
Quite possibly you will want to briefly say how this activity links in with earlier parts of
the course.

It is at this stage that you will divide the course into working groups, pairs or, occasionally
individuals. The way you do this will vary from time to time. Sometimes you will have
very clear ideas about who should work together. Generally you will want to have a good
mixture of experienced and less experienced participants so that knowledge and skills can
be shared.

Sometimes however you may want to put together in small groups those who work in a
similar context or location. Or you may feel that the women participants may gain more
from working together in one or two women-only groups. There are no firm rules for
establishing groups, and sometimes you may feel happy about letting participants select
their own groups to work in.



                                             50
Stage 2: Activity

This is the stage where participants work on the task(s) in hand.

The tutor needs to check that participants are clear about what is expected of them, and
monitor how the groups are working. You may be called over by one group to answer a
question, and you may join in with another group to assist their discussion. Both occasions
give you an opportunity to monitor the progress of the group.

Ideally the tutor should be able to move around the whole course whilst groups are
working, offering guidance and help as necessary, without dominating or taking over the
process of group work.

Whatever happens you must remain aware of how the groups and participants are getting
on with each activity. Group work is not an excuse for the tutor to sit back and ignore the
course. Not at all. It requires observation, concentration, and attention. If you find that not
all the groups are working well then be prepared to make changes in their composition for
the next activity.


Stage 3: Report back

This stage involves each small group, pair or individual providing a report to the whole
course.

The way this is done will vary from time to time. A verbal report may be given, sometimes
backed up with a wall poster (flip chart), a diagram, or a power point presentation. The
report represents what has been achieved in the previous stage.

Often when groups have been working on the same task, reports will be taken from all the
groups before more general discussion begins. At the end of each report though, it is
useful to allow an opportunity for questions from other participants seeking clarification
from the reporter/group.

Where groups have completed different tasks (e.g. prepared training materials on different
topics) you will want the whole course to discuss each report in turn. You need to strike a
balance between discussion of one group's report, and the time available for all the groups
to give their reports. Valuing the work and the contributions of each group at this stage is
important.

Finally, the tutor should be seeking to draw together the main themes, issues, and
conclusions of the activity. There is no set way of doing this. You may sum up the
discussion verbally in one or two minutes. Alternatively it may be helpful for the tutor to
write up on a chalk-board or flip chart the main conclusions from the discussion.

Hopefully, at the end of an activity the participants should be left with a feeling of having
made some progress towards the overall objectives of the course. Also the tutor should be
pointing out the links with earlier parts of the course and activities which will follow.



                                             51
CHECKLIST: THE 3 STAGES
Introduction

Links         How does this activity fit in with earlier ones?

Aims          Explain them clearly to the participants

What to do    Make sure the participants understand what is expected of them

Timing        Give time limits for group work

Groups        Split the course up into smaller working groups

Activity

Monitor       Check on the progress of the small groups

Assist        Help groups with their task if they are in difficulty or require guidance

Clarify       Deal with any questions groups have

Changes       Identify any changes you may wish to make to groups for the next
              activity

Report Back

Reports       Decide how you will take reports from the groups

Discussion    Decide at what point(s) you will open discussion

Time          Ensure all groups have adequate time to give their reports

Summary       End the activity with a summary of key points from the reports and
              discussion

Link          What is the link between this activity and later parts of the programme?




                                          52
The `Good Practice Log'

At the end of many of the participant activities, which follow, you will find the statement
`Include in Good Practice Log'. The Good Practice Log (GPL) is central to the notion that
active learning is `learning by doing'.

Discussion that takes place in small groups will generate a range of views and conclusions
based on the experiences and skills of the participants. The output from each small group's
discussion will be brought to the course as a whole at report back stage.

Issues will emerge from the individual groups, additional information may be forthcoming
from the tutor and the plenary (whole course) discussion itself may generate new ideas and
new approaches to issues. Somehow this process has to be consolidated into a form that
will allow it to be of future value and use.

The tutor has a major responsibility in helping to achieve this by the way he/she structures
plenary discussion towards achieving concrete outcomes.

How then do we file, or store, or `log' these outcomes or conclusions, which have practical
value for the post-course activities of participants?

The GPL is one proven way of responding to this question. In essence it is a diary of
practical course outcomes compiled as they occur. Its progressive compilation will
result, at the end of the course, in a document which is personal (because it has been
completed by each individual to meet their own requirements) and collective (because it
represents the results of the work of all course members). The tutor can assist in this
process by firstly, encouraging all participants to maintain a GPL, secondly, by offering
chalkboard or flip chart summaries of the report back stage of activities as a reference point
for individual compilation, and thirdly, by monitoring sensitively the entries which
participants make to their GPL's.

At the conclusion of the course, the GPL represents an invaluable source of material for
supplementing and extending whatever course material has been provided for the
programme.



Subject material

The learning activities themselves contain much comment relevant to the subject area of
the activity with supplementary documentation often attached. However, in their totality
the activities do not constitute a handbook on collective bargaining. This is not the
intention of this publication. Each tutor, and each group of participants, would have access
to invaluable documentation which best suits their local needs. This may come in various
forms. For example, a typical course in this subject area should have access to the
following directly relevant material:

       •        Trade union rulebooks / constitutions



                                             53
       •        Trade union policy statements

       •        Branch officers/shop stewards/organisers handbooks

       •        Collective agreements

       •        Relevant articles from the trade union press and from other
       journals/newspapers

       •        Relevant material from other sources (economic and social research
                institutes, government bodies, international organisations).


The availability of such documentation will depend on local circumstances, but the search
for, and provision of, such documentation should be the responsibility of the
tutor/organiser of the programme.


It must be assumed as well that the course tutor is technically competent in the subject area
of the course.




                                            54
           PARTICIPANT ACTIVITIES


Number         Title                                                 Page   Theme

1        Introducing Ourselves                                       58     Introductory
2        Welcoming a New Participant                                 61     Activities
3        Course Entry                                                64
4        Course Meetings                                             70


5        Preparing a Course Report                                   74     Background
6        The Current Situation of Trade Unions                       78     and National
7        Labour Relations Trends                                     81     Context


8        Establishing Rights at Work                                 86
9        A Collective Bargaining Agenda                              94     Introduction
10       Why Trade Unions Bargain                                    96     To
11       Different Types of Collective Agreements                    99     Collective
12       Levels of Collective Bargaining                             102    Bargaining


13       Developing Negotiating Skills                               106
14       Handling Grievances                                         110
15       Discipline and Dismissal                                    113
16       Negotiating Disciplinary Procedures                         124
17       Changes in the Contact of Employment                        132    Negotiating
18       Negotiating Facilities Agreements at the Enterprise level   135    Skills
19       Bargaining for Time-Off for Trade Union Training            139
20       Preparing for Wage Negotiations at the Enterprise level     146
21       Negotiating Changes to Collective Agreements
         at the Enterprise level                                     150
22       Negotiation Skills: the Role of Delegation
         at the Enterprise level                                     153


23       Developing Training Programmes
         in Collective Bargaining                                    158
24       Co-operating Internationally                                161    Future
25       Project Design and Development                              164    Actions
26       Producing Individual Action Plans                           167




                                        55
Some of these activities clearly identify the levels of bargaining in which they take place.
You can find a description of the different levels of bargaining at the pages 36 to 43.
Among others, the activities 9, 11, 12, 14, 15, 17, 18, 19, 20, 21 and 22 deal with matters
taking place at the enterprise level or the workplace. Other activities deal with more
general matters that can be seen in sectoral agreements. These agreements often set up a
minimum standard for the enterprise agreements. The activity no. 22 deals with changes to
be made to collective agreements at the enterprise level which have to be compatible with
the provisions of the higher level agreements (sectoral or national), if it exists.

In some countries, collective bargaining exclusively happens at the enterprise level. The
participants coming from a country with this kind of negotiation structure should lean more
towards the activities that take place at the enterprise level.




                                            56
INTRODUCTORY
ACTIVITIES

Activity                                 Page
1          Introducing Ourselves         58
2          Welcoming a New Participant   61
3          Course Entry                  64
4          Course Meetings               70




                              57
ACTIVITY No. 1
INTRODUCING OURSELVES




                        58
PARTICIPANT ACTIVITY 1:

INTRODUCING OURSELVES


PAIRED INTERVIEWS


1.     Aims

       The Aims of this activity are:

       a)     To begin the process of making effective contact with other members of the
              group.

       b)     To allow each member of the group to participate immediately in the process of
              active learning.

       c)     To develop an awareness of the importance of listening skills.

       d)     To allow some immediate comparisons and contrasts to be made in the
              experiences that group members bring with them to the course.

       e)     To link individual's personal objectives in attending the course to the course
              objectives established by the tutor(s).


2.       Activity

For this activity you will be divided into pairs. You are asked to interview your partner
using the questions below as a reference point. Ask your partner the following questions
and write down his/her responses and be prepared to present the information to the group
as a whole when it reassembles in plenary session. Each interview should take 10 minutes.


a)     What is your name?

.....................................................................................................……………………………

b)     Where do you come from?

.....................................................................................................……………………………

c)     What is the name of your trade union?

.....................................................................................................……………………………



                                                      59
d)     What position do you hold in your trade union?

.....................................................................................................……………………………

e)     How long have you been an active member of your trade union?

.....................................................................................................……………………………

f)     Have you had any experience related to International Labour Standards or trade union
       rights issues?

.....................................................................................................……………………………

.....................................................................................................…………………………….

.....................................................................................................…………………………….

.....................................................................................................……………………………

g)     What are your objectives in attending this course?

.....................................................................................................…………………………….

.....................................................................................................…………………………….

.....................................................................................................…………………………….

.....................................................................................................…………………………….



3.     Report back

You will be asked to introduce your partner to other member of the group in plenary
session by presenting his/her responses to the listed questions. You will have 5 minutes
each to do this. Simultaneously, the trainer will be summarising your comments on flip
charts. This will allow the group as a whole to develop its awareness of both differences
and similarities, which exist amongst them.




                                                      60
ACTIVITY No. 2
WELCOMING A NEW PARTICIPANT




                   61
 PARTICIPANT ACTIVITY 2:

 WELCOMING A NEW PARTICIPANT



SMALL GROUP WORK




1.   Introduction


     For this activity you will be divided into small groups of three or four persons. You
     are asked to fully brief a newcomer to the course who has arrived recently and
     therefore been absent from the early course sessions and group activities.


     The Aims of this activity are:

     a)     To help integrate a new colleague into the course programme's activities.

     b)     To further develop your communication skills.

     c)     To apply trade union practices, such as briefing and reporting back, to
            trade union training approaches.



2.   Activity


     Stage 1 (20 minutes)
     Ask your colleague the questions contained in Participant Activity 1. Nominate one
     person in your group to report the newcomer's responses to the course participants
     as a whole (the course tutor will provide an opportunity to do this later in the
     session). Briefly introduce yourselves to the new group member, again using
     Participant Activity 1 as a reference point. Try to identify the similarities that exist
     between him/her and the group as a whole in relation to your objectives in attending
     the course. You are allocated approximately 20 minutes for this.




                                           62
     Stage 2 (20 minutes)
     Divide responsibility amongst yourselves for briefing the new course member on
     the progress that has been made so far in the course. An appropriate division of
     responsibility between you could be:


     a)      Course methods (the learning approaches)

     b)      Course subject matter

     c)      Administrative arrangements


     Don't forget to check back, at frequent points in the discussion, with your new
     colleague that he/she understands the issues you are raising. Approximately 20
     minutes should be allocated to this stage.



3.   Report back

     One member of the group should introduce the new colleague to course members as
     a whole in plenary session. Advise the course tutor when you are ready to do this.
     After your presentation invites the newcomer to offer any comments he/she wishes
     to make.




                                        63
ACTIVITY No. 3
COURSE ENTRY




                 64
 PARTICIPANT ACTIVITY 3:

 COURSE ENTRY



INDIVIDUAL PREPARATION




1.   Introduction


     For this activity you will be asked to respond individually to a questionnaire that
     seeks information about your background and experience as they relate to this
     course. The information you provide will be kept confidential. A copy of the
     questionnaire is enclosed.

     The Aim of this activity is to allow your course tutors to develop an appreciation of
     your individual needs on this course.



2.   Activity


     Complete the enclosed questionnaire. This should take about 45 minutes. Give the
     completed questionnaire to your tutor. If there are elements of the questionnaire that
     present difficulties for you consult your tutor.


     Note:
      This questionnaire will be confidential.




                                          65
PARTICIPANT QUESTIONNAIRE

A.   Personal Details

     1)        Family Name:
               ...........................................................................……………………...

     2)        Other Names:
               .............................................................................………………………

     3)        Name you prefer to be known by:
               .....................................................………………….

     4)        Date of Birth:
               ..............................................................................……………………..

     5)        Age:
               .........................................................................................……………………

     6)        Gender:
               ..............................................................................……………………………

     7)        Nationality:
               …..................................................................................………………………

     8)        Home address
               ……..............................................................................………………………

     .........................................................................................................…………………

     .........................................................................................................…………………

     9)            Telephone number at home:
     ......................................................…………………………………………………...

     10)           Work address:
     .....................................................................................................…………………….

     ..........................................................................................................…………………

     ..............................................................................................................………………

     11)           Telephone number at work:
     ....................................................................................................…………………....

     12)           Occupation:
     ....................................................................................................…………………….

     .........................................................................................................…………………


                                                       66
B.      Educational Experience

        Complete the following table where applicable:



                   Year     of Year    of Name of Institution    Main Subject
                   Entry       Leaving
1)   Primary
     School

2)   Secondary
     School

3)   Post-School
     (if any)




C.      Work Experience

        Complete the following table by listing previous employment and work experience.
        Begin with the most recent:



Occupation                 Name and location of Date              Full-time / part-time
                           the     enterprise or
                           institution




                                           67
D.   Trade Union Experience


     1) Name of your trade union

     .........................................................................................................…………………


     2) Name of your national trade union federation

     .........................................................................................................…………………

     .........................................................................................................…………………


     3) Total membership of your national trade union federation

     .........................................................................................................…………………


     4) Names of other national trade union federations in your country

     .........................................................................................................…………………

     .........................................................................................................…………………

     .........................................................................................................…………………

     5) Are you a full-time or voluntary officer of your trade union or national
     federation?

     .........................................................................................................…………………


     6) Your current position in the trade union movement

     .........................................................................................................…………………

     .........................................................................................................………………….

     .........................................................................................................…………………




                                                      68
7) Describe briefly your current responsibilities as a trade union officer

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………




8) List the main trade union training activities you have participated in:



 Subject                                   Organised by                  Location, duration, date(s)




9) What experience do you have as a trainer or organiser of trade union training
programmes

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………

.........................................................................................................…………………



                                                 69
ACTIVITY No. 4
COURSE MEETINGS




                  70
     PARTICIPANT ACTIVITY 4:

     COURSE MEETINGS



SMALL GROUP WORK



1.     Introduction


       For this activity you will be divided into small groups to consider ways in which
       course members can review each day's activities collectively.


       The Aims of this activity are:

       a)     To consider the role of course meetings.

       b)     To agree how we organise course meetings.



2.     Activity


       It is proposed that we hold a short course meeting at the end of each working day.
       The purpose of the meeting will be:


       a)     To review the day's work

       b)     To take progress reports on any group work

       c)     To allocate tasks (if any)

       d)     To discuss general course business


        To organise the meetings we will need to agree upon:


       a)     An agenda

       b)     How meetings will be chaired


                                           71
     c)     What record of meetings should be kept

     d)     Any rules we need for the meeting


     Discuss in your group the proposal to hold Course Meetings. Do you think it would
     be helpful for the course to organise itself in this way?

     If you agree to the proposal go on to discuss the organisational questions, and as a
     group make recommendations covering the four points listed above.

     You will be allocated approximately 30 minutes for this part of the activity.



3.   Report back

     Using flip charts give your conclusions to the course as a whole. One member of
     your group should be responsible for reporting back.




                                          72
BACKGROUND
AND NATIONAL CONTEXT

Activity                                             Page
 5           Preparing a Course Report               74
 6           The Current Situation of Trade Unions   78
 7           Labour Relations Trends                 81




                     73
ACTIVITY No. 5
PREPARING A COURSE REPORT




                    74
 PARTICIPANT ACTIVITY 5:

 PREPARING A COURSE REPORT



GROUP ACTIVITY: PAIRS AND SMALL GROUPS




1.   Introduction


     In advance of the course you were asked to prepare a regional/industry report along
     certain suggested lines. It is expected that most participants will have done this, at
     least in draft form. The reports represent an important reference point for
     participants and tutors in allowing the course to fully reflect participants' needs,
     both individually and collectively. Without an understanding of the political,
     economic, social and organisational framework in which you operate as a trade
     unionist, it is difficult for the course to have real "purchase". Subsequent value,
     which we hope the course will have once you return home, will, in large measure,
     be dependent on its relevance to the needs and priorities of your trade union. This
     activity, then, is designed to help achieve this.


     The Aims of this activity are:


     a)     To present a profile of your region/industry to other course participants.

     b)     To explain the functioning at local level of your trade union organisation
            and its policy priorities.

     c)     To develop a common approach to report presentation.

     d)     To apply traditional methods of trade union debate and discussion to
            educational practices.




                                          75
2.   Activity


     You will have received in advance of the course a request to prepare a report under
     the following headings:


      a)    The regional/industrial context within which the trade union functions.

      b)    The structure, organisation and policy priorities of the trade union at local
            level.

      c)    The role of your trade union, its policy-making process, and impact at
            regional/industrial level.

      d)    Training programmes provided by your trade union on collective bargaining
            themes.

      e)    Some examples of the problems your trade union faces in the development
            of collective bargaining strategies.

      f)    Other relevant considerations, which relate to negotiating and bargaining
            practices.

     The activity, which you are about to begin, is in 6 stages: read through the complete
     note before you begin stage 1.


     Stage 1 (30 minutes):
     Your course tutor will offer some general comments on the issues that should be
     commented upon in each section. Approximately 30 minutes will be allocated to
     this.


     Stage 2 (90 minutes):
     Following this introduction, course participants will be divided into pairs with the
     objectives of determining what final adjustments need to be made to their reports.
     This method will allow participants to support each other in planning the final draft
     of their reports.


     Stage 3 (60 minutes):
     Individual participants will then be asked to make the necessary amendments to
     their reports. This may involve only minor adjustments, or maybe substantial
     revision.




                                          76
Stage 4 (60 minutes):
Participants will be divided into groups of 4 or 5 persons with the objective of
synthesizing the reports they have prepared. This synthesis will identify common
questions, issues, problems and approaches, as well as differences between
experiences. The conclusions of the discussion will be recorded by a member of
the group, whose responsibility will be to reflect the common ground between
participants within his/her group.


Stage 5 (90 minutes):
All course participants will come together in a plenary session which will be
organised in the form of a trade union meeting. The plenary session will elect its
chairperson and its secretary, who will perform the usual roles associated with
those offices in the trade union movement. The plenary session will receive the
reports of the groups (photocopied statements and oral presentations). The
objective of the plenary session is to agree on one report that has the support of all
course participants as a fair and reasoned statement.


Stage 6 (60 minutes):
The course tutors will join the plenary session. The participants, through a form of
presentation of their choosing will present their final report to the tutors.




Note:
For short courses where time restraints exist, begin this activity at Stage 4.




Report back

Your group will be asked to report its conclusions to a course plenary session. Flip
charts will be available for this. Each group will have a maximum of 10 minutes to
give their summary report back.




                   INCLUDE IN GOOD PRACTICE
                   LOG




                                      77
ACTIVITY No. 6
THE CURRENT SITUATION OF TRADE UNIONS




                        78
 PARTICIPANT ACTIVITY 6:

 THE CURRENT SITUATION OF TRADE UNIONS



SMALL GROUP WORK


1.   Introduction

     For this activity you will be divided into small groups to consider the current
     position of trade unions in your region.


     The Aims of this activity are:

     a)     To consider the strengths and weaknesses of trade unionism in your
            region.

     b)     To appreciate the economic, social, cultural and political context in which
            trade unions operate in your region.

     Refer to pp 34-37 for technical input.


2.   Activity

     You will be given an extract from a recent labour relations study. In general terms
     you will be asked to judge whether or not it is a fair commentary on the current
     situation of trade unionism in your region. In particular, give your views on:

     a)     The trend in membership levels.

     b)     The role of women in trade unions.

     c)     The role of governments in influencing trade union activity.

     d)     Restrictions on trade union freedoms.

     e)     The conflicting trends of centralisation and fragmentation in trade union
            organisation.




                                          79
3.    Report back

     Your group will be asked to report its conclusions to a course plenary session. Flip
     charts will be available for this. Each group will have a maximum of 10 minutes to
     give their summary report back.




                                         80
ACTIVITY No. 7
INDUSTRIAL RELATIONS TRENDS




                    81
 PARTICIPANT ACTIVITY 7:

 LABOUR RELATIONS TRENDS



SMALL GROUP WORK



1.   Introduction


     For this activity you will be divided into small groups.


     The Aims of this activity are:


     a)     To analyse the main trends taking place in labour relations in your Region.

     b)     To consider how these trends will influence the collective bargaining
            agenda of trade unions.



2.   Activity


     You are asked to look at the list below of recent comments compiled from
     statements made by trade union full time officers.




                                          82
General Trends in Labour Relations


1.    Fragmentation of collective bargaining leading to far greater demands on
      officer's time;
2.    Wider range of collective bargaining issues;
3.    New labour relations techniques including HRM, individual contracts,
      performance-related pay
4.    Changes in trade union and employment law leading to a "climate of fear" with
      an increasingly authoritarian management style;
5.    Wider range of legal issues;
6.    Officers much more likely to be involved in grievance and disciplinary
      procedures;
7.    Increase in advice and guidance sought by workplace representatives;
8.    Increase in legal work;
9.    Increase in time spent on redundancies/retrenchment;
10.   Changes in patterns of employment and sophisticated systems of work and
      working hours;
11.   Increase in travelling time and attending meetings with representatives and
      employers;




                                       83
 Union Organisation


 1.     Reduction in the number of workplace representatives, greater representative
        turnover and less willingness to stand for representatives posts;
 2.     Demoralisation and loss of confidence among many representatives;
 3.     Representatives critical of the degree of support provided by the union;
 4.     Changing union priorities towards recruitment and retention of members and
        selling union services ("I feel like a salesman sometimes");
 5.     Greater emphasis on campaigning;
 6.     Priorities set by conference and head office often conflict with the demands
        made by workplace representatives and members;
 7.     Increased inter-union competition;
 8.     Lack of information and support from the union on collective bargaining, law,
        equality and health and safety issues;
 9.     Greater access to specialist advice required;
 10.    Lack of a regular opportunity for lateral contact with other full-time officers;
 11.    Lack of awareness of the possibilities of information technology and the skills to
        use it;




       For each of these statements, discuss whether or not you are in agreement with what
       is being said on the basis of your current trade union experiences.




3.     Report back

       You should elect a member of your group to present the conclusions of your
       discussions. Note down your answers/comments and be prepared to contribute to a
       plenary discussion of the issues.




                                           84
INTRODUCTION
TO COLLECTIVE BARGAINING

  Activity                                                Page
      8        Establishing Rights at Work                86
      9        A Collective Bargaining Agenda             94
     10        Why Trade Unions Bargain                   96
     11        Different Types of Collective Agreements   99
     12        Levels of Collective Bargaining            102




                          85
ACTIVITY No. 8
ESTABLISHING RIGHTS AT WORK




                        86
 PARTICIPANT ACTIVITY 8:

 ESTABLISHING RIGHTS AT WORK



SMALL GROUP WORK




1.   Introduction


     This activity is designed to examine how the rights you have at work have been
     established. Those rights will have been won through one (or more) of three routes:


     a)       Custom and practice:            informal understandings which have been
                                              accepted and have operated over a period of
                                              time, and which have the force of an
                                              established agreement.

     b)       Legal requirement:              through the progressive implementation of
                                              employment legislation or integrated into the
                                              National Labour Code.

     c)       Collective agreement:           the formalised agreement by the employer and
                                              the trade union following a process of
                                              bargaining/negotiation.


     Often legal requirement establishes minimum standards - a floor of rights or
     entitlements -which are built upon through collective bargaining to advance further
     the interests of workers.

     The Aims of this activity, therefore, are:


     a)     To consider how the rights you have at work have been developed.

     b)     To examine the ways in which custom and practice, legal requirement
            and collective agreement can mutually promote the rights and interests of
            workers.


     Refer to pp 34-37 for technical input.


                                           87
2.    Activity


     In your small groups look at the list of rights at work reproduced below. Where a
     particular right has been established in your workplace/company/industry tick (_)
     the appropriate box, depending on whether it has been established by:

                 a) custom and practice

                 b) legal requirement

                 c) collective agreement


     Once this stage of the activity has been completed, then additionally identify those
     rights at work that you do not have. List them on a flip chart in order of priority
     (list no more than six rights that you don't have).



3.   Report back


     A member of your group should be prepared to present the flip chart priority list to
     a plenary session of the course. A consolidated list of priorities will be produced.




                          INCLUDE IN GOOD PRACTICE
                          LOG




                                           88
                        ESTABLISHED    ESTABLISHED
Trade        Union      BY    CUSTOM   BY            COVERED BY
Organisation            AND PRACTICE   COLLECTIVE    THE LAW
                                       AGREEMENT

The right to take up
individual
grievances      with
management


The      right     to
negotiate        with
management        on
wages


The right to discuss
with   management
any changes in
working     practice
before they take
place



The right to elect
shop stewards


The right to elect
safety
representatives


The right for shop
stewards to take
time off with pay for
workplace duties



The right to ensure
that all new workers
become        union
members




                                  89
                         ESTABLISHED    ESTABLISHED
The    Individual        BY   CUSTOM    BY            COVERED BY
Worker and their         AND            COLLECTIVE    THE LAW
Job                      PRACTICE       AGREEMENT




The    right    to
minimum periods of
notice



The right to verbal
and           written
warnings before any
disciplinary action is
taken


The       right    to
reinstatement      or
financial
compensation        if
unfairly dismissed




                                   90
                       ESTABLISHED    ESTABLISHED
Job and     Income     BY   CUSTOM    BY            COVERED BY
Security               AND            COLLECTIVE    THE LAW
                       PRACTICE       AGREEMENT



The right to a
guaranteed     wage
even          during
temporary lay-offs


The right to pay
when sick


The right to be
consulted before any
redundancies     are
implemented


The       right   to
financial
compensation      if
made redundant




                                 91
                       ESTABLISHED    ESTABLISHED
Equal                  BY   CUSTOM    BY            COVERED BY
Opportunities          AND            COLLECTIVE    THE LAW
                       PRACTICE       AGREEMENT




The right for women
to receive equal pay
with men doing
similar work



The right for women
to     have     paid
maternity leave



The right for men to
have paid paternity
leave



The right for all
workers to have
equal chances of
promotion, training,
etc, irrespective of
sex,     colour   or
religion




                                 92
                           ESTABLISHED    ESTABLISHED
Disclosure            of   BY   CUSTOM    BY            COVERED BY
Information                AND            COLLECTIVE    THE LAW
                           PRACTICE       AGREEMENT



The      right      to
information needed
for         collective
bargaining


The      right  to
information needed
to monitor health
hazards




Industrial Action


The right to strike

The right to picket




                                     93
ACTIVITY No. 9
A COLLECTIVE BARGAINING AGENDA




                       94
     PARTICIPANT ACTIVITY 9:

     A COLLECTIVE BARGAINING AGENDA


SMALL GROUP WORK


1.     Introduction


       This activity follows the conclusions of Activity 8, and is designed to begin
       the process of identifying a collective bargaining agenda appropriate to the
       needs of your trade union.


       The Aims of this activity are:


       a)     To appreciate the role of collective bargaining in advancing the
              interests of workers.

       b)     To assess which workplace issues can most appropriately be
              pursued through collective bargaining.



2.     Activity


       From the list of rights at work produced in the plenary session of Activity 8,
       you are asked to select those which you feel could be most appropriately
       achieved through collective agreements with employers. You will be
       divided into small groups for this activity.



3.     Report back

       You will be asked to present your conclusions to a plenary session of the
       course.


                  INCLUDE IN GOOD PRACTICE
                  LOG




                                    95
ACTIVITY No. 10
WHY TRADE UNIONS BARGAIN




                       96
 PARTICIPANT ACTIVITY 10:

 WHY TRADE UNIONS BARGAIN



SMALL GROUP WORK



1.   Introduction


     This activity examines the reasons why trade unions bargain with employers
     and the issues over which they bargain.


     The Aims of this activity are:


     a)     To appreciate the potential scope of collective bargaining issues.

     b)     To distinguish between short term bargaining objectives and long
            term bargaining aims.



2.   Activity


     For this activity you will be divided into small groups and asked to examine
     the list below, which identifies a number of reasons why trade unions
     bargain. You are asked to complete two tasks:


     a)     Identify any other reasons why trade unions bargain with employers.

     b)     Divide the list (including any additions you may have made) into
            two sections:
                      Section 1: short term objectives
                      Section 2 : long term aims




                                  97
          Why Unions Bargain


                   •To improve working conditions

                   •To improve health and safety

                   •To improve job security

                   •To improve wages and salaries

                   •To protect workers' interests

                   •To improve equal opportunities

                   •To protect workers in retirement by improving
                    pensions

                   •To improve holidays

                   •To improve training and education

                   •To build the union




3.   Report back

     Select a member of your group to introduce a flip chart presentation of your
     conclusions to the course as a whole.




                        INCLUDE    IN               GOOD
                        PRACTICE LOG




                                   98
ACTIVITY No. 11
DIFFERENT TYPES
OF COLLECTIVE AGREEMENTS




                   99
 PARTICIPANT ACTIVITY 11:

 DIFFERENT TYPES OF COLLECTIVE AGREEMENTS


SMALL GROUP WORK

1.   Introduction


     In this activity we investigate the different types of collective agreement.
     You will use the co-ordinated list produced in Activity 10 as the raw
     material for this activity.


     The Aims of this activity are:


     a)     To recognise the different types of collective agreement.

     b)     To appreciate the inter-relationship between agreements.


     Refer to pp 44-45 for technical input.


2.   Activity


     In general terms you should note that the context of collective agreements
     can be divided broadly into two:


     a) Procedural Matters:                   These determine the arrangements for
                                              dealing with labour relations issues.
                                              They specify the conditions for
                                              dealing with such issues.         The
                                              following are procedural matters:

                                                  -Union Recognition
                                                  -Disciplinary Procedures
                                                  -Grievance Procedures
                                                  -Procedures     for     Resolving
                                                  Disputes



                                  100
     b) Substantive Matters:              These determine terms and conditions
                                          of employment and other `substantive'
                                          issues at the workplace. They specify
                                          `the employment package' which
                                          workers are entitled to from their
                                          employment.
                                          The following are substantive
                                          matters:

                                                 -Terms    and   Conditions   of
                                                 Employment
                                                 -Health and Safety
                                                 -Equal Opportunities
                                                 -Facilities
                                                 -Information



     Procedural and Substantive matters can be treated in separate agreements or
     incorporated into single agreements.

     In your small groups you are asked to identify which issues in the
     consolidated list produced in Activity 10 are:

     a) Procedural matters

     b) Substantive matters

     Record your conclusions on flip charts.




3.   Report back

     Select a member of your group to introduce a flip chart presentation of your
     conclusions to the course as a whole.



                       INCLUDE    IN           GOOD
                       PRACTICE LOG




                                 101
ACTIVITY No. 12
LEVELS
OF COLLECTIVE BARGAINING




                   102
 PARTICIPANT ACTIVITY 12:

 LEVELS OF COLLECTIVE BARGAINING


SMALL GROUP WORK




1.      Introduction


        Activity 11 investigated the differences between types of collective
        agreement. This activity examines the levels at which agreements can be
        negotiated.


        The Aims of this activity are:


        a)      To identify the different levels at which collective bargaining takes
                place.

        b)      To consider the appropriateness of these levels to your own
                collective bargaining needs.


     Refer to pp. 36-44 for technical input.


2.      Activity


        The levels at which bargaining takes place will dependent upon a number
        of considerations. Importantly the national labour relations culture,
        including what the labour code may prescribe, will determine in large
        measure what issues are negotiated at which levels.

        You should note that bargaining, and consequently agreements, could be a
        matter for:

        a)      National/Central negotiations

        b)     Sectoral/Industrial negotiations

        c)     Enterprise negotiations



                                     103
     In your small groups you are asked to identify the levels at which your trade
     union negotiates the issues which you identified in Activity 8 as being
     subject to the collective bargaining process.

     Once you have completed this part of the activity turn to the coordinated list
     produced in Activity 10, and used in Activity 11, and agree the appropriate
     levels for the negotiation of issues.




3.   Report back

     Your conclusions should be presented on flip charts and introduced to a
     plenary session of the course. Differences, which have emerged within the
     group discussions, should be noted.




                        INCLUDE    IN           GOOD
                        PRACTICE LOG




                                  104
NEGOTIATING SKILLS

Activity                                                               Page
  13       Developing Negotiating Skills                               106
  14       Handling Grievances                                         110
  15       Discipline and Dismissal                                    113
  16       Negotiating Disciplinary Procedures                         124
  17       Changes in the Contact of Employment                        132
  18       Negotiating Facilities Agreements at the Enterprise level   135
  19       Bargaining for Time-Off for Trade Union Training            138
  20       Preparing for Wage Negotiations at the Enterprise level     146
  21       Negotiating Changes to Collective Agreements at the
           Enterprise level                                            150
   22      Negotiation Skills: the Role of Delegation at the
           Enterprise level                                            153




                      105
ACTIVITY No. 13
DEVELOPPING NEGOTIATION SKILLS




                   106
 PARTICIPANT ACTIVITY 13:

 DEVELOPING NEGOTIATING SKILLS



SMALL GROUP WORK




1.      Introduction


        No-one is born a gifted negotiator. The skills necessary to conduct and
        conclude successful negotiations are achieved after considerable
        preparation, practice and experience. This may involve much time, much
        thought, and a great deal of observation.


        The Aims of this activity are:


        a)     To examine the skills which make for successful negotiating
               techniques.

        b)     To identity major issues which arise in negotiating situations.


     Refer to pp. 46-48 for technical input.




2.      Activity


        In your small groups you are asked to consider the following list of
        statements, selecting for each statement what you consider to be the most
        appropriate answer.




                                     107
Negotiating Skills


*      Negotiation technique is used to convince management
       by:

       a) hook or crook
       b) logic
       c) legal means


*      Both management and union representatives should:

       a) have mutual faith
       b) suspect each other
       c) believe in rigidity and not flexibility
       d) have the will for an agreement
       e) be aggressive rather than polite
       f) be positive but passive


*      Union representatives should:

       a) speak in one voice
       b) speak differently
       c) consume all the time
       d) not allow management to speak
       e) only allow management to speak
       f) interrupt management when they speak
       g) allow management to spell out their view
       h) appreciate and understand management's view
       i) provoke management to get angry and agitated
       j) walk out as and when necessary
       k) blow hot and cold
       l) have faith in give and take
       m) not spell out their demands with agreements
       n) believe in co-action, not in conviction




                           108
       Negotiating Skills
       (continued)


       *       Collective bargaining or negotiation should            be
               successful in realising your list of demands:

               a) 100%
               b) 75%
               c) 50%
               d) 25%


       *       The union negotiating committee should work:

               a) as a team with one main spokesperson
               b) without any prior strategy
               c) without any predetermined target of achievement


       *       The union negotiating team should:

               a) not report the progress of negotiation to the workers
               b) disclose the strategy to the workers




3.   Report back

     Your answers should be written up on flip charts and members of your
     group should be prepared to contribute to a plenary discussion of the issues
     that arise. A consolidated list of "do's" and "don'ts" should result from this
     session.




                         INCLUDE    IN           GOOD
                         PRACTICE LOG




                                  109
ACTIVITY No. 14
HANDLING GRIEVANCES




                  110
 PARTICIPANT ACTIVITY 14:

 HANDLING GRIEVANCES


SMALL GROUP WORK



1.   Introduction


     The most common form of negotiation for trade union workplace
     representatives is in representing to management grievances of individual
     (or groups of) union members.


     The Aims of this activity are:

     a)     To identify what constitute `grievances'.

     b)     To develop the skills of effectively handling grievances on behalf
            of members.


     Refer to pp. 45-49 for technical input.



2.   Activity

     In your small groups you are asked to assume the position of workplace
     representatives for this activity. You should discuss the attached statements
     and:

     a) Decide which of the statements are grievances, and which are not.

     b) For the one's you have identified as grievances, explain how you would
     deal with them.




                                  111
       What is a Grievance


       *      A member comes to you and says that her tax deduction
              seems to be very high this week.


       *      During the course of a meeting the employer states that
              he will be taking on some part-time workers to deal with
              the workload. He says that they will not be paid the
              union rate.


       *      The supervisor has asked one of your members to work
              over-time again. The member says that she has worked
              four nights this week already. She tells you that the
              supervisor has said that it is compulsory.


       *      The increment payments have just been paid. A member
              comes to you and says that she has received less than her
              friend in the same department.


       *      The members in the production section have said that
              noise levels are too high. The supervisor said that it has
              always been like that and they should get on with the
              job.


       *      You are a school teacher and there is a vacancy for a
              senior post. You have applied for the post and now they
              have sent someone to fill the vacancy and this person
              has less experience than you.


3.   Report back

     Your conclusions should be written up on flip charts for presentation to a
     plenary session of the course. From these report backs a working definition
     of what constitutes a grievance will emerge, together with practical
     proposals on the way different types of grievance can be handled.


                       INCLUDE    IN           GOOD
                       PRACTICE LOG



                                 112
ACITVITY No. 15
DISCIPLINE AND DISMISSAL




                     113
 PARTICIPANT ACTIVITY 15:

 DISCIPLINE and DISMISSAL



ROLE PLAYING/CASE STUDY




1.   Introduction


     One of the more effective ways of developing further your negotiating skills
     is by `learning by doing', in this case by practising your skills through role
     playinging the issues surrounding a `dismissal'.


     The Aims of this activity are:


     a)     To develop your representational skills and techniques.

     b)     To appreciate the importance of existing agreements as a reference
            point in any negotiations.


     Refer to pp. 47-49 for technical input.




2.   Activity


     You will be given the following documents:

     a)     Case Study

     b)     Member's Case

     c)     Procedural Agreement: Discipline and Dismissal.

     d)     Negotiating Guidelines.




                                  114
     In small groups you will be asked to prepare for a meeting with the
     Administrative Supervisor on the question of the dismissal of your member.
     The documentation available should provide you with the information you
     require to plan for the meeting. Once your preparations have been
     completed you will be given the opportunity to represent your member in a
     meeting with the Administrative Supervisor, whose role will be taken by the
     tutor.




3.   Report back

     At the end of the role playing activity an opportunity will be provided for a
     full debriefing on the issues which have arisen and an opportunity to discuss
     the strengths and weaknesses of each set of negotiations.




                                 115
               Case Study




Your name is Urmia Dey. You are the senior shop steward for the Supernaan
Biscuit Co. You arrive at work at 7.30am and go to the shop steward's office to
meet with the other shop stewards.

As you enter the union office, a member comes up to you and says that the
administrative supervisor, Mr Santos, has just sacked her. Your member starts to
explain what happened when the night Security Officer, Torrington Chad, enters the
shop steward's office without knocking. He announces that he has come to remove
your member from the Company's premises on the instruction of Mr Santos.

At first you try to explain that you are having a meeting with a member and ask
Chad to let you finish. Chad insists that your member leaves immediately or he
will call the police. You explain that you will need time to talk to management. He
insists that if you wish to consult with the member you too must leave the premises
since Shirley Sealey is no longer an employee.

In order to avoid involving the police you suggest that the member comes with you
to the union office in Calder Street, which is near the factory.




                                   116
                  Member's Case




Shirley Sealey arrived at work as usual, at 6.45am to start preparing the breakfast
for the night shift. On entering the kitchen she noticed that the cold room door was
open. When she looked inside she noticed that some food for breakfast was
missing. The rest of the provisions were in good order. To protect the food she
secured the door and went immediately to the office of the night security officer,
Torrington Chad.

This was about 7.00am. As she tried to explain what had happened, he became
abusive and told her that he would report the matter immediately to Mr Santos. She
suggested that he check the kitchen area first, because the thief might still be in that
part of the building. He shouted at her "what did you know about security?". She
informed him that the rest of the provisions had not defrosted, therefore the theft
must have happened within the last 30 minutes.

At this point Chad accused her of taking the food. She told him that it was
impossible and again asked him to go to the kitchen with her to check. He
immediately left saying that he would report the matter to Mr Santos.

By the time she arrived at Mr Santos' office Chad was already there. Mr Santos
asked her to wait in the secretary's office and ten minutes latter invited her into his
office. Chad was still present while Mr Santos asked her to explain the "missing
food".

She repeated her story and Chad accused her of stealing the food. The matter
became heated and Mr Santos asked Chad to leave. Santos then said, "Look, tell
the truth or I am going to call the Police."

Shirley assured Mr Santos that she had not stolen anything. Mr Santos said that he
would have to investigate the matter further. He said that he would call the union
officer at 9.00am and told her to get her story straight.

As she was leaving the office, to return to the kitchen Chad met her in the corridor
and said, "I have got you this time, just you wait." A row broke out between her
and Chad. Mr Santos came out of his office and said "Look, I have had enough of
this. You get your things and leave this factory, you are sacked."

She came straight to the shop steward's office to see you.

Shirley informed you that there was a long standing grudge between herself and
Chad because she had refused him a lunch in the canteen on his day off.


                                     117
                  Management's Case




Your name is Denny Santos. You are the Administrative Supervisor at Supernaan
Biscuit Co. During the last six months you have been under pressure from the plant
manager Mr Foster to stop the stealing at the plant. Mr Foster has told you that it is
your job to make sure that things improve.

You feel that Mr Foster does not like you and has passed you over for promotion on
two occasions. You know that you are the best supervisor in the company, but no
one gives you any credit or recognition for your work.

Torrington Chad, the Security Officer, came to your office this morning and
informed you that food had been stolen from the kitchen. Shirley Sealey came to
your office just after Chad and a row broke out between them. This row continued
in the corridor outside your officer after you had interviewed them both. You had
intended to call the union officer at 9.00am, but you felt that you had to do
something immediately. If this matter had come to the attention of Mr Foster he
would use it against you.

You had no alternative but to sack Sealey and back your security officer.




                   ONLY TO BE DISTRIBUTED TO
                   PARTICIPANTS ONCE
                   THE ROLE PLAYING
                   HAS BEEN COMPLETED




                                    118
Procedural Agreement

14th February (year)



SECTION 1: Discipline and Dismissal


Introduction

This agreement is intended to provide a step by step approach to Discipline and
Dismissal within the Supernaan Biscuit Co. The procedure sets out the steps to
be taken when dealing with Discipline and Dismissal cases for both management
and unions. The agreement is designed to avoid disputes between management
and unions and promote good labour relations.

The agreement also provides the opportunity to improve conditions for workers
and has a central feature of providing a "status quo" clause to promote orderly
conduct of the agreement.

This agreement does not interfere with management's right to manage the
company. It also recognises the right of the union to consult and represent
members at each stage of the procedure.

The Company and the Union hereby agree to the following:



Section 1 Principles


i)     that the company and union officials shall refrain from using any
       propaganda in the form of either written or spoken word that could create
       resentment against the company or the union.

ii)    that the company and the union will observe the agreement in spirit and
       the agreement will only be changed after proper consultation and
       agreement. Both management and union further agree to give two
       months notice prior to consultation on changes.




                                   119
iii)   all employees have the right to fair treatment.

iv)    this procedure will be issued to all new employees.

v)     all union members have the right to representation at each stage of the
       procedure.

vi)    an appeals panel will be set up to review all cases.

vii)   warnings will only be valid if they are delivered in the presence of a
       union official.



Section 2 Disciplinary Offences


i)     poor performance is defined for the purpose of this agreement as: failure
       to meet targets, poor quality and poor application to duties.

ii)    consistent misconduct is defined for the purpose of this agreement as:
       failure to keep good time, bad work practices and failure to maintain
       company equipment.

iii)   gross misconduct is defined for the purpose of this agreement as: stealing
       company property or the property of another employee, acts of violence
       against any member of management or other employees and any
       dishonest act such as punching another employee's card.



Section 3 Settlement of Grievances


i)     formal disciplinary action will take one of the following forms:

       a)     verbal warnings will be issued for actions under Section 2 i)
       b)     written warnings will be issued under Section 2 ii)
       c)     instant dismissal will be issued under Section 2 iii)




                                    120
ii)     verbal or written warnings will only be issued in the presence of a union
        official.

iii)    verbal warnings will stand on the record for a period not exceeding three
        months. After that period they will be removed from the record of the
        individual and are not to be used in any future disciplinary action. All
        verbal warnings will carry a request to improve and outline the agreed
        steps to be taken by management and employee.

iv)     written warnings will be in writing with a copy given in the presence of a
        union official to the employee and to the union. Written warnings will
        stand on the record for six months. After the period they will be removed
        from the record of the employee. All written warnings will carry a request
        to improve and outline the agreed steps to be taken by management and
        employee.

v)      after recording three verbal warnings the employee would be subject to:
        a) a written warning or
        b) suspension without pay for a period not exceeding three working days

vi)     after recording three written warnings in a six month period the employee
        will be subject to suspension without pay for a period not exceeding
        fourteen days.

vii)    dismissal will only take place after this procedure has been exhausted. A
        dismissal notice will only be issued after full consultation with a union
        officer. The union has the right to invoke the appeal panel at any stage in
        this agreement.

viii)   in the event of a case of gross misconduct the employee will be suspended
        without pay until the appeals panel meets. Criminal acts committed
        outside the factory will mean the automatic suspension of an employee.


        Signed:




        General Manager                 General Secretary
        Wilfred Foster                  America Liginstone




                                    121
Negotiating Guidelines



Preparation

Planning is vital. Think about:


       •Aims. What are the union's aims in meeting management?

       •Priorities. What are members' local needs that you must take into
       account when negotiating on a range of terms and conditions of service?

       •Fallback. Work out the minimum acceptable offer, bearing in mind the
       need not to set a bad precedent.

       •Arguments. Be clear about both the strong and the weak points of the
       union case. The union side may decide to use some of its stronger
       arguments and keep others in reserve. But you may need to change tack
       during discussions if things don't go to plan.

       •Management arguments.      Work out the points you think the
       management side will make. The union side must consider these, and
       how they will respond.

       •Tactics. Have a union side meeting before seeing management. You
       can then decide finally on the main points of the union case, the
       arguments to use, who will lead the union side, and who will come in
       with extra points.



Meeting Management

Here are some points the union side needs to watch during negotiations.


       •United front. Decide who will lead on each of the union's main points.
       Disagreeing in front of management shows a lack of preparation by the
       union team. More importantly, it allows the management to split the
       union side and so divide and rule. Other members of the union team
       should only speak if the lead speaker asks them.




                                   122
       •Notes. Someone on the union side must keep notes.

       •Adjournments. Use an adjournment to regroup the union side if there
       is danger of a split, or to consider new facts or a management offer.

       •Control the discussion. Keep the discussion on your best arguments.
       Ask management questions and get them to justify their position. Keep
       the emphasis on your complaints and grievances. Object if you get
       evasive answers, and ask for facts if vague statements or accusations are
       made.

       •Getting a settlement. This means:

       -      keeping your overall aims in mind. Be careful that you don't go
              below your fallback position.

       -      watching out for management offers - they will often be phrased
              in a guarded way. If so, you must ask for clarification on what is
              being offered.

       -      being prepared to give and take. It is easier to get a settlement if
              both sides feel they have achieved something in negotiations.
              This may mean giving some ground, while getting agreement on
              one of the union's priorities.



Putting it in Writing

Never leave negotiations without a clear written record of what has been agreed.
Do not leave it to management to send you their record afterwards. Keep your
own notes as well.



Reporting Back

It's union strength that really counts in negotiations. That means members'
support. So reporting back to members is an essential follow-up activity. The
union should negotiate facilities from management to enable you to do this.




                                  123
ACTIVITY No. 16
NEGOTIATING DISCIPLINARY PROCEDURES




                       124
 PARTICIPANT ACTIVITY 16:

 NEGOTIATING DISCIPLINARY PROCEDURES



SMALL GROUP WORK




1.      Introduction


        So far we have examined ways in which effective procedures can be used by
        trade unions to support their bargaining strategies in negotiations with
        employers. This activity concerns itself with ways in which procedural
        agreements can be improved.


        The Aims of this activity are:


        a)     To develop skills in drafting agreements.

        b)     To recognise ways in which agreements can be improved.


     Refer to pp. 44-46, 49.




2.      Activity


        In small groups you will be asked to consider ways in which the Procedural
        Agreement on Discipline and Dismissal used in Activity 15 can be
        improved.

        In your groups you are asked to identify the areas which you consider
        should be changed and the reasons why you believe the changes are
        necessary. In your discussion refer to the guidance note on trade union
        standards for disciplinary procedures reproduced below. Your conclusions
        should be recorded on flip charts.




                                     125
Trade Union Standards for Disciplinary Procedures



Introduction

Workers have the right to be protected against arbitrary actions by managements.
Employers and unions should therefore develop jointly agreed procedures to deal
with disciplinary matters and, in particular, with dismissal. Disciplinary and
dismissals procedures should:


       •be in writing;

       •provide for a worker, whose performance or conduct is regarded as
       unsatisfactory, to be given warning and an opportunity to improve;

       •ensure that a worker's immediate supervisor has not the authority to
       dismiss him/her and that the more senior manager with this responsibility
       is in a position to obtain all the facts before a decision is made;

       •provide that, before any decision to discipline or dismiss a worker is
       made, he/she shall have the opportunity to state their case with the
       assistance of a trade union representative;

       •provide the dismissed worker with the right of appeal wherever possible
       to a level of management not involved in the immediate circumstances of
       the case, and with the assistance of a trade union representative;

       •where desired by both parties, allow the final decision to be taken by a
       joint panel;

       •provide that no disciplinary action should be taken by management
       against a trade union workplace representative until the circumstances of
       the case have been discussed with a full-time official of the union
       concerned;

       •provide for cases to be taken through procedures external to the
       workplace if both parties desire this.




                                   126
 Checklist

       •no changes should be made without consultation and agreement

       •all agreements should seek to solve grievances if possible

       •workers should be kept informed at all stages

       •workers should have the opportunity to improve

       •suspension or dismissal should only be dealt with by senior
       management and in any case should not be dealt with by the worker's
       immediate supervisor

       •all workers should have the right to representation at all stages

       •a clear appeals procedure should be laid down for all stages

       •union officers should not be disciplined without the union being
       informed

       •the opportunity to "wipe the record clean" and ensure that future
       performance is not prejudiced by pre-conceived views of a worker's
       past performance

       •pre-agreed penalties can limit your ability to argue the merits of
       individual cases

       •there are no grounds for instant dismissal, a person is "innocent" until
       proved "guilty". Natural justice must always exist and the procedure,
       including appeals, must be exhausted

       •the law may lay down minimum standards, use them and try to
       improve on them in your agreement


3.    Report back

      A member of your small group should present your conclusions to a plenary
      session of the course. Under the guidance of your tutor, the amendments to
      the agreement, which the course proposes, will be incorporated into the
      document.

                        INCLUDE    IN             GOOD
                        PRACTICE LOG
      Note:
      A redrafted `model' agreement is attached as a reference point for tutors
      conducting this activity


                                   127
          ONLY TO BE DISTRIBUTED
          TO PARTICIPANTS
          AT THE REPORT-BACK STAGE


PROCEDURAL AGREEMENT
between the ABC Company and the XYZ Trade Union
on Discipline and Dismissal

AGREED TEXT



Intent and Purpose of the Agreement

This agreement is intended to provide a step by step approach to Discipline and
Dismissal within the ABC Company. The procedure sets out the steps to be taken
when dealing with Discipline and Dismissal cases for both management and union.
The agreement is designed to ensure the avoidance of disputes between
management and union and thereby to promote good labour relations.

The agreement provides the opportunity to improve the terms and conditions of
employment for employees. The agreement contains a "status quo" clause to
promote the orderly conduct of labour relations in the company.

This agreement does not interfere with management's right to manage the company.
It also recognises the right of the union to consult and represent members at each
stage of the procedure.

The Company and the Union hereby agree to the following:



Section 1 Principles


i)     That the company and the union shall refrain from using any malicious
       propaganda in the form of either the written or spoken word that could
       create resentment against the company or the union.

ii)    That the company and the union will observe the agreement both in practice
       and in spirit.

iii)   The company accepts its obligations to ensure the sound organisation of
       work, properly maintained equipment, all necessary training, and effective
       supervision within the workplace.

iv)    All employees shall have the right to fair treatment.

                                    128
v)     This procedure will be issued to all employees. All new recruits to the
       company will receive this procedure along with their contracts of
       employment and statement of main terms and conditions of employment.

vi)    All employees shall have the right to representation at each stage of the
       procedure.

vii)   The company recognises the rights of employees to use the appeals process.
       An appeals panel, composed of equal representatives of the company and
       the trade union should be established. The immediate supervisor of the
       employee facing disciplinary action should not be a member of the appeals
       panel.


Section 2 Disciplinary Offences

i)     Poor performance is defined for the purpose of this agreement as: failure to
       meet targets, poor quality of work and poor application to duties.

ii)    Consistent misconduct is defined for the purpose of this agreement as: bad
       timekeeping, bad work practices such as leaving the workplace without
       permission, absenteeism and improper use of company equipment.

iii)   Gross misconduct is defined for the purpose of this agreement: as any
       major act of dishonesty, such as stealing company property or the property
       of another employee within the workplace, and acts of violence against any
       member of management or other employee.


Section 3 Disciplinary Measures

i)     Formal disciplinary action will take one of the following forms:

       a)     verbal warnings can be issued under Section 2i) and Section 2ii)
       b)     written warnings can be issued under Section 2i) and Section 2ii)
       c)     instant dismissal may be issued under Section 2iii) following the
              procedure outlined in Section 3viii)


ii)    Verbal or written warnings will be issued to the employee in the presence of
       the appropriate union official with a copy of any such warning provided to
       the trade union.

iii)   Verbal warnings will stand on the record for a period not exceeding two
       months. After that period they will be removed from the record of the
       individual and are not to be used in any future disciplinary action. All
       verbal warnings will carry a request to improve. The company will provide


                                   129
        the opportunity, advice and support which will allow for improvement to
        take place.

iv)     Written warnings will be in writing with a copy given in the presence of a
        union official to the employee and to the union. Written warnings will
        stand on the record for four months. After that period they will be removed
        from the record of the employee. All written warnings will carry a request
        to improve. The company will provide the opportunity, advice and support
        which will allow improvement to take place.

v)      After recording three verbal warnings in a two month period the employee
        will be subject to a written warning.

vi)     After recording three written warnings in a four month period the employee
        will be subject to suspension without pay for a period not exceeding five
        days.

vii)    In the event of a case of gross misconduct the employee will be suspended
        without pay until the appeals procedure has been exhausted. The appeals
        process should not extend beyond seven days from the issue of the dismissal
        notice.

viii)   Dismissal will only take place after the procedure in Section 3v) and Section
        3vi) has been exhausted. Any dismissal notice must be in writing. Before
        the dismissal is activated the employee has the right to representation by the
        appropriate trade union officer and the right to invoke the appeals
        procedure. The company should give consideration to the appropriateness
        of disciplinary action short of dismissal and including:

        a)     suspension of benefits
        b)     demotion
        c)     suspension from employment without pay for a period not exceeding
               twenty-one days


ix)     The stages to the disciplinary process are as follows:

        Stage 1: Within twenty-four hours of the alleged disciplinary offence the
        company will notify the employee that disciplinary action is proposed. The
        trade union simultaneously will be informed of the proposed action.

        Stage 2:Within twenty-four hours of notification to the employee of the
        proposed disciplinary action, disciplinary action should be effected. The
        employee has the right to trade union representation at any hearing or
        interview conducted at this stage.




                                     130
        Stage 3: Within seven days of disciplinary action being effected, the
        employee so disciplined has the right to request a meeting of the Appeals
        Panel to review the disciplinary action.

        Stage 4: A meeting of the Appeal panel should be convened within fourteen
        days of the submission of the appeals request. The Appeals Panel has the
        authority to confirm, amend or cancel the disciplinary action taken.

x)      Disciplinary action under Section 3i) a), b) and c) shall not be taken against
        any workplace representative of the trade union without prior consultation
        with the appropriate officers of the trade union.


xi)     Disciplinary action can only be taken by a level of management that is not
        immediately involved in the circumstances of the case.


xii)    Until the procedures in this agreement have been exhausted the status quo,
        which applied at the time of the alleged disciplinary offence, will prevail
        unless otherwise stated in this agreement.


xiii)   With the agreement of the company and the trade union a disciplinary or
        dismissal question under this procedure may be referred to external
        arbitration for resolution.



Section 4 Duration and Review of the Agreement


This agreement comes into immediate effect. It is the intention of both parties that
it should remain in force for three years, at which time it should be subject to
review. If during the life of the agreement either party wishes to review any part of
the agreement, they are required to give two months written notice to the other
party of their intention to do so.




Signed:



on behalf of the ABC Company                  on behalf of the XYZ Trade Union


Date



                                     131
ACTIVITY No. 17
CHANGES IN
THE CONTACT OF EMPLOYEMENT




                  132
 PARTICIPANT ACTIVITY 17:

 CHANGES TO THE CONTRACT OF EMPLOYMENT



SMALL GROUP WORK



1.   Introduction


     Much of the work of trade union workplace representatives concerns
     advising and representing the interests of members who have individual or
     collective grievances against the employer.


     The Aims of this activity are:


     a)     To improve your representational skills.

     b)     To develop agreed principles for the investigation and handling of
            members' grievances.


     Refer to pp. 47-48 for technical input.



2.   Activity


     In small groups you are asked to examine the enclosed case study, which
     involves consideration of the contract of employment. Your discussions
     should focus on two main questions:

     a)     As a shop steward (workplace representative) how would you deal
            with this problem?

     b)     What arguments would you use with management in support of your
            case?

     c)     What solutions would you seek?

     Your responses should be presented on flip charts.



                                  133
 Case Study: Changes to the Contract of Employment?



 A problem has recently arisen at your workplace concerning clerical workers. It
 appears that for some time management have been asking clerical workers to
 stand in for telephonists when the exchange has been understaffed due to
 holidays or sickness. The women involved had at first agreed to this, although
 sometimes with some reluctance and grumbling. But they have now said they
 absolutely refuse to do it any more.

 The complaint is that they don't have proper training to do the job and they find
 it difficult, if not impossible, to cope at times. Moreover, since the telephonists
 are on a higher point of the pay scale, the women don't see why they should put
 in extra effort for nothing. Management has apparently told the individual
 women involved that they are in breach of contract if they do not stand in when
 required. The women's response to this was that their job description in their
 letter of appointment says nothing about stand-in duties and so these duties are
 not part of their contracts. They now want the union to take up their case.




3.    Report back

      One member of your group should present the conclusions of the discussion
      to a plenary session of the course. Under your tutor's guidance, common
      approaches to the problems will be determined, together with practical
      advice on how grievances should be handled.




                          INCLUDE    IN            GOOD
                          PRACTICE LOG




                                    134
ACTIVITY No. 18
NEGOTIATING FACILITIES AGREEMENTS
AT THE ENTERPRISE LEVEL




                   135
 PARTICIPANT ACTIVITY 18:

 NEGOTIATING FACILITIES AGREEMENTS
 AT THE ENTERPRISE LEVEL


SMALL GROUP WORK


1.   Introduction

     The sectoral agreements goal is to establish, with the employers, the general
     framework regulating the labour relations. The sectoral agreement (if it
     exists) is generally improved at the enterprise level.

     In order to undertake effectively their range of responsibilities, trade union
     workplace representatives require a number of facilities at the workplace.
     These would include:

            • Office accommodation/meetings room
            • Notice boards
            • Access to telephone, typewriter etc.
            • Acceptance by the employer that it is appropriate to carry out trade
                          union functions during working time


     In addition, it is essential that workplace representatives receive adequate
     training in their various functions through their trade union or trade union
     centre.


     Refer to pp 47-48 for technical input.



     The Aims of this activity are:

     a)     To appreciate the importance of facilities.

     b)     To develop collective bargaining strategies at the enterprise level
            for securing trade union training for workplace representatives.




                                  136
2.   Activity

     For this activity you will be divided into small groups. In your groups you
     are asked to examine the draft model agreement on time off for trade union
     training below.

     You should discuss the following issues:

       a)       Suggest ways in which the agreement can be improved and made
                appropriate to the specific needs of your
                workplace/company/industry

       b)       Consider ways in which a minimum entitlement to time off for
                trade union
                training can be incorporated into the agreement


     For the purposes of this activity it is important to note the following:

       a)   Your job training as an employee is the responsibility of the
       employer

       b)     Your training as a trade union workplace representative is the
            responsibility of your trade union



3.   Report back

     Your proposals should be written up on flip charts for presentation to a
     plenary session of the course. A tutor led discussion will aim to construct a
     model agreement which helps meet the training needs of all participants.




                         INCLUDE    IN           GOOD
                         PRACTICE LOG


     Note:
     A redrafted `model' agreement at the enterprise level is attached as a
     reference point for tutors conducting this session.



                                  137
 Model Agreement: Time Off for Training*


 1)      In order to carry out their duties effectively union representatives shall
         receive appropriate training as approved by the union.

 2)      Union representatives shall be entitled to undertake such training in
         working hours:

         i)     Without loss of any earnings (including bonus, overtime and all
                enhancements) which they would normally have earned had they
                been at work for the days at which they attend the course.

         ii)    Where a union representative works on a shift system, payment
                will be granted for one full shift per day of the course (including
                shift premium). Except in such situations where the
                representative would have been required to work the night shift
                prior to the course and night shift following the course. In such
                situations time off with pay (including shift premium) will be
                given for both the night prior to the course attendance and the
                night of the course attendance.

 3)      The company agrees to reimburse the cost of travelling expenses and
         subsistence of . . . US Dollars per day, at the end of the course.

 4)      The union agrees to:

         i)     Provide management with the syllabus if requested.

         ii)    Normally give a minimum of three weeks' written notice of their
                nominations.

         iii)   Take due account of the operational requirements of the
                company.

 5)      The company agrees to notify in writing and discuss with the union any
         objections to their nominations, within a period of five working days of
         receipt of such nominations.

 6)      For the purpose of this agreement, the term `union representative' shall
         be defined as meaning shop steward, safety representative or branch
         secretary.


*This document is a chapter of a collective agreement signed at the enterprise level.




                                    138
ACTIVITY No. 19
BARGAINING FOR TIME-OFF
FOR TRADE UNION TRAINING




                   139
 PARTICIPANT ACTIVITY 19:

 BARGAINING FOR TIME-OFF
 FOR TRADE UNION TRAINING



ROLE PLAYING


1.      Introduction


        This activity is designed to look at ways in which trade unions can achieve
        time off from work for their members to participate in trade union training
        programmes. Unless such arrangements are incorporated into the national
        labour code, and are therefore a legal right, unions must attempt to negotiate
        such leave entitlement with employers.


        The Aims of this activity are:

        a)     To develop negotiating strategies for securing time off facilities for
               trade union members.

        b)     To appreciate ways in which collective bargaining can directly
               assist in the growth and development of trade union training
               programmes.


     Refer to pp 47-48 for technical input.



2.      Activity

        You will be divided into small groups. Each group will be given two
        documents (attached).

               •a background paper on the `company‟, which is the subject of the
               role playing.

               •a trade union brief, which outlines the objectives of the trade union
               side in the negotiations.




                                     140
     In groups you are asked to prepare your case for subsequent negotiations
     with management representatives. From within your group you should
     appoint one person as the `lead' negotiator, one person as the trade union
     team's secretary in the negotiations, and one person as `support' negotiator.

     You will be allocated 45 minutes to prepare your arguments.

     The negotiations will be conducted with representatives of management
     whose role will be performed by the course tutor(s). The negotiations will
     last for 10 minutes.

     Each set of negotiations will be `observed' by a course participant who
     separately will be given an observer's brief and checklist.



3.   Report back

     Following the conclusions of the sequence of negotiations there will be a
     plenary discussion of the main issues to have emerged in the role playing
     activity. The observers will be asked to assess the negotiations.




                       INCLUDE    IN            GOOD
                       PRACTICE LOG




                                 141
(to be given to all participants)



 Bargaining for Time Off for Trade Union Training

 BACKGROUND PAPER



 The workplace is a large textile plant employing 4,000 people, where cotton is
 made into fabric for use by the garment industry. Conditions in the factory are
 very bad in terms of cotton dust everywhere, dangerous and noisy machinery
 and poor wages. Many workers live in overcrowded accommodation owned by
 the company.

 Unionisation is 17% of the workforce and has been slowly rising over the past
 few years. A few minor improvements have been achieved in some areas, such
 as meal-break times being extended, but major improvements have proved very
 difficult to gain, because the company can easily resist any pressure put on it by
 the union.

 However, the company has recently invested in some new machinery and is
 under great pressure to improve the quality of its product because of strong
 competition from neighbouring large manufacturers. The company has also
 recently received some bad publicity from a report produced by an international
 agency on its working conditions and prevalence of industrial diseases. The
 company therefore needs to retrieve its market share and can only do so by
 being seen to adopt some new working practices.




                                    142
(to be given only to the management negotiation teams)



 Bargaining for Time Off for Trade Union Training

 MANAGEMENT BRIEF



 You are the Personnel Manager and Assistant Personnel Manager (Labour
 Relations) of the company, and have agreed to a meeting with the trade union to
 discuss training for workers. You see this as an interesting proposition to
 counteract the bad publicity your company has recently received.

 You are concerned, however, to restrict any concession you may make to as few
 people as possible and not exclusively to trade union members, which you
 suspect is what lies behind the union's letter. You also wish to have some
 control over the content of the training courses, so they do not concern the
 sensitive issues of OSH (Occupational Safety and Health) and pay.

 There is pressure on the Personnel Manager from the Managing Director to
 develop a training strategy to maximise the output from new machinery,
 improve quality control, and raise the profile of the company in the light of the
 international agency's damning report.

 The meeting takes place in the Personnel Manager's office.




                                   143
(to be given only to the trade union negotiating teams)



 Bargaining for Time Off for Trade Union Training

 TRADE UNION BRIEF



 You are the Branch Secretary and Education Officer of the union in the factory.
 In the past, management have made it difficult for your members to attend your
 union's training courses because they have, for example, altered shift patterns at
 short notice making members work when courses are scheduled. You also
 suspect that management will ask the supervisors of regular attendees of training
 courses to harass members by issuing unwarranted warnings for careless or
 shoddy work. Personal possessions have also gone missing, and wages have
 been incorrectly calculated causing temporary financial hardship even in
 comparison to already low wages.

 However, you have now requested a meeting with management with a view to
 starting negotiations on gaining actual support from the company for members
 attending training courses, but your request did not state as such. Rather, you
 raised the issue of time off for training only, as a means of starting discussions.

 Your priority subjects are OSH, increasing recruitment, and building better
 organisation. You want guarantees that no obstacles will be put in the way of
 members attending training courses, and that they should receive payment from
 the company.

 The meeting takes place in the Personnel Manager's office.

 In preparing your arguments remember the following:

 a)      Set your maximum targets. Consider what would be the minimum
         offer from management that you could accept.

 b)      In making your demands be aware that you should calculate the total
         number of working days that would be taken up by the leave
         arrangements you are proposing.

 c)      Give consideration to possible management positions in the negotiations.

 d)      Give consideration to counter arguments which management could use
         in response to your demands.




                                    144
(to be given only to the observers)



    Bargaining for Time Off for Trade Union Training

    OBSERVERS BRIEF



    Your role is to observe and report back on the activity that is being conducted.
    You should not become involved in the preparation that takes place before the
    role playing, or in the negotiation. The job of the observer is to note down
    and comment on what takes place during the activity.

    You should structure your report using the following points:


THE                         How would you sum up the result(s) of the
OUTCOME                     negotiation?

TEAM WORK                   How did the teams (union and management) function?

ARGUMENTS                   How well did both sides present their arguments/case?

RESPONSES                   Did either team respond well to the other side's
                            arguments/case?

TACTICS                     Did either team use any strategy or tactics effectively?

OTHER
POINTS


SUMMARY                     What lessons can be learnt from observing the union
                            team in this role playing?




                                      145
ACTIVITY No. 20
PREPARING FOR WAGE NEGOTIATIONS
AT THE ENTERPRISE LEVEL




                       146
     PARTICIPANT ACTIVITY 20:

     PREPARING FOR WAGE NEGOTIATIONS
     AT THE ENTERPRISE LEVEL



SMALL GROUP WORK




1.      Introduction


        The preparation and negotiation of wage claims are a major element of a
        trade union's collective bargaining agenda at the sectoral and enterprise
        level. Wage bargaining, as we have discussed already, can take place at
        different levels and for widely differentiated bargaining groups. When
        wage bargaining is regularised, negotiations will be conducted usually on an
        annual or biennial basis, or at the end of the duration of the current
        agreement (as specified in that agreement).



        The Aims of this activity are:


        a)     To appreciate the various components of the `wage package'.

        b)     To determine the external influences which influence the setting of
               goals in wage bargaining at the enterprise level.



     Refer to pp. 36-46 for technical input.




                                     147
2. Activity


      For this activity you will be divided into small groups and asked to
      undertake the following tasks:

      a)      Complete the following checklist of items in the `wage package‟ that
              should be subject to review when wages are negotiated/renegotiated
              with the employer at the enterprise level:


              • basic pay

              • overtime rates

              •

              •

              •

              •

              •



       b)     Complete the following checklist of external influences, which
       should be considered when drawing up wage demands.


                  •   company profitability

                  •   rate of inflation

                  •

                  •

                  •

                  •

                  •


      Your completed checklists should be presented on flip charts.




                                     148
3.   Report back

     A report of your group discussions, together with the checklists, should be
     made to a plenary session. The tutor will assist the course in preparing
     commonly agreed wage negotiators' checklists for use as reference points in
     preparing wage claims.




                       INCLUDE    IN           GOOD
                       PRACTICE LOG




                                149
ACTIVITY No. 21
NEGOTIATING CHANGES TO COLLECTIVE AGREEMENTS
AT THE ENTERPRISE LEVEL




                   150
 PARTICIPANT ACTIVITY 21:

 NEGOTIATING CHANGES
 TO COLLECTIVE AGREEMENTS
 AT THE ENTERPRISE LEVEL


PAIRS OR SMALL GROUP WORK


1.   Introduction


     After the employer organization has defined the opening process of the
     collective bargaining, it‟s time for the trade union to set up the objectives
     and work out the platform. The platform is set up by the trade union after
     gathering information from the activists through trade union bodies so it can
     specify the general objectives to reach and obtain a clear mandate to
     negotiate. It‟s important to keep the trade union members informed of the
     evolution of the bargaining process.


     The Aims of this activity are:

     a) To analyse the process of gathering the necessary information thought
        the trade union bodies so to elaborate the platform of claims at the
        enterprise level.

     b) To define a clear mandate for the delegation that will lead to negotiation

     c) To analyse the follow-up process of the negotiations between the
        delegation and the statutory bodies of the organization through out all
        the bargaining period.


     See pages 47-49 for technical input


2.   Activity

     In activity 11, you identified the different collective bargaining levels. This
     activity deals with the bargaining process concerning the alteration of
     collective agreements at the enterprise level. Collective agreements remain
     in force for a specified period of time. For the duration of the agreement it
     is expected that the parties to the agreement (the trade union and the
     employer) will keep to its provisions. Sometimes, the terms of an
     agreement may be enforceable in law. However, at some stage all


                                  151
     agreements will come up for review. This may mean the complete
     renegotiation of the agreement, or amendment only to particular clauses.

     Participants were asked to bring to the course copies of collective
     agreements, which have been negotiated by their trade unions at the
     enterprise level, and if a sectoral agreement exists, a copy of the collective
     agreement reached at the professional branch related to this enterprise. A
     selection of those agreements will form the raw material for this activity.

     You will be divided into small groups, each with a specific remit in relation
     to separate collective agreements. You will be given a copy of a collective
     agreement (enterprise or sectoral level) and asked to consider the following:


        a) The process allowing the necessary information for the elaboration
           of the platform to emerge from the workplace so the enterprise level
           agreement can be revised

        b) The strengths of the agreement at the enterprise level

        c) The weaknesses of the agreement

        d) Identify the changes wanted by the trade union (definition of the
           platform of claims and of the trade union delegation mandate)

        e) If a sectoral agreement exists, the platform project must be
           compatible with the provisions of the higher level agreement.

     Your conclusions, including specific redrafting of clauses, should be written
     up on flip charts.



3.   Report back

     The report of your discussions, including any recommendations you may
     have, should be presented to a plenary session of the course. A tutor-led
     discussion will aim to draw out common lessons for future application.




                       INCLUDE    IN             GOOD
                       PRACTICE LOG




                                  152
ACTIVITY No. 22
NEGOTIATION SKILLS:
THE ROLE OF DELEGATION AT THE ENTERPRISE LEVEL




                    153
 PARTICIPANT ACTIVITY 22:

 NEGOTIATION SKILLS:
 THE ROLE OF THE DELEGATION
 AT THE ENTERPRISE LEVEL


1.   Introduction

     In activity 21, you created a platform at the enterprise level so that you can
     begin negotiating for the revision of the collective agreement.

     From the claims in this platform, an argumentation supporting them must be
     developed. After, we will enter into a bargaining situation and a spokesperson
     must justify the claims and the argumentation of the platform. Then,
     preliminary meetings will be necessary between the trade union and the
     employer so they can define the agenda of the negotiation process and the
     starting conditions of the negotiation. The mandate of trade union delegation
     to the bargaining table will be defined and discussed on the base of the
     preliminary documents.


     The different steps of this process can be resumed in the following way:

     1st Part

          1)    Presentation of the platform elaborated by the trade union bodies at
          the
                enterprise level and according to the mandate given to the
                delegation (Activity 21).

          2)    Reactions and comments of the employer delegation.

          3)    Defining the bargaining agenda jointly.



     2nd Part

          When the agenda is set, the trade union organization must:

          1)    Develop the argumentation supporting each topic at the agenda;

          2)    Note the employers answers to the trade union claims;

          3)    Repeat the trade union argumentation to complete and justify the
                claims presented;


                                    154
3rd Part

      Once the bargaining process has started, it‟s time to:

      1)    Get the employers delegation reply to the trade union propositions;

      2)    Bring these replies into text propositions (compromise solution)
            according to the topics on the agenda and the chapters of the
            negotiation.


4th Part

      To each employer proposition related to a chapter that has been already
      discussed, the trade union elaborates argued counterproposals that are
      given to the employer organization so they can be bargained and finalized
      at the next meeting.

      This scheme is repeated for every chapter on the agenda until the parties
      cover all the topics on the agenda.


5th Part

      After the examination of all the points on the agenda, its necessary that
      the employer organization elaborates a first global project of propositions
      covering the whole revised collective agreement.


6th Part

      The propositions are send to the trade union organization for assessment
      and reply in a given delay (on which the parties have already agreed
      upon).

      Generally, these propositions lead to some comments and requests about
      changes to be made so the project becomes acceptable.

      This demand of the trade union generally leads to a bargaining meeting
      set up to reach the final conclusions and finalize the employer‟s
      propositions. The conclusion of the negotiation process is conditioned
      by the final reply from the employers and by the final assessments made
      by the trade union bodies. The final text of the agreement must be
      approved by the workers/delegates to secure the respect of the mandate
      given to the trade union delegation in charge of the negotiation.



                                155
2.   Activity

     In the activity 21, we prepared a platform of claims approved by the trade
     union bodies and gave to a delegation the responsibility to present and develop
     these claims at the negotiation.

     This activity plans to organize a role playing to simulate the collective
     bargaining skills. Two equal and well-balanced teams will each have the duty
     to defend one of the two sides interests according to the delegation they
     support.

     This collective bargaining skill consists in foreseeing the reaction of the
     opposite party to each other‟s claims and this through out all the bargaining
     process and until the final stage where each delegation will have to comment
     the last propositions made.

     At this stage, each delegation (workers and employers) must have a good idea
     of the positive and negatives outcome of the signing/rejection of the proposed
     collective agreement project.

     Following the steps explained in the introduction of this activity, we must
     identify the work done by both groups and follow it through out all the
     bargaining process until we reach the final agreement (the revision of an
     enterprise agreement).



     The Aims of this activity, therefore, are:

     -   To develop all the steps of collective bargaining in a role playing.
     -   To examine/reflect on the negotiation skills.
     -   To reach the signature of a new agreement at the enterprise level.


3.   Report back

     Present in a plenary the results of the negotiation (role playing). Underline the
     responsibilities of each delegation in the negotiation so each participant can see
     the impact of a positive conclusion of the negotiation and the enhancing feeling
     for the workers. The signature of a new agreement is the goal of this activity.




     N.B. Note for the tutors:
          The tutor must preside over the bargaining meeting playing the role of
          the Labour Director so all steps of the role playing is done correctly.



                                      156
FUTURE ACTIONS


Activity                                                             Page
  23       Developing Training Programmes in Collective Bargaining   158
  24       Co-operating Internationally                              161
  25       Project Design and Development                            164
  26       Producing Individual Action Plans                         167




                          157
ACTIVITY No. 23
DEVELOPPING TRAINING PROGRAMMES
IN COLLECTIVE BARGAINING




                  158
 PARTICIPANT ACTIVITY 23:

 DEVELOPING TRAINING PROGRAMMES
 IN COLLECTIVE BARGAINING


SMALL GROUP WORK



1.   Introduction


     For this activity you will be divided into small groups to consider how trade
     union training programmes should respond to the established policy
     objectives and priorities of trade unions.


     The Aims of this activity are:

     a)     To establish a clear relationship between the organisational and
            policy requirements of trade unions and trade union training
            programmes.

     b)     To further develop the concepts of responsibility                 and
            accountability within the trade union movement.



2.   Activity

     You are a member of the XYZ National Trade Union Federation and hold
     office as its National Training Secretary. Historically, there have been
     major constraints on your trade union's participation in collective
     bargaining. Within the last two years there has been increasing evidence
     that the possibility will arise for trade unions to play a more independent
     and dynamic role in wage bargaining issues. You are aware that there is
     little collective bargaining experience within your union. The leadership of
     the XYZ National Trade Union Federation has expressed its concern about
     this to you. As the union's National Training Secretary you act as Secretary
     of the union's Education Committee and as Director of the union's training
     programmes (organised exclusively at national level).

     A meeting of the Education Committee has been called for two weeks' time.
     At that meeting you will be asked to present your proposals for course
     programmes for the year beginning 1st January of next year. Last year, 6
     courses were organised, of which 2 were called `Representing your


                                  159
     members', one was called `Health and Safety at Work', and three were called
     `New Branch Officers' Introduction'.
     Each course was organised residentially over a one-week period for 25
     participants per course. The total budget was US$ 6,000. Next year you
     will have the same budget resources at your disposal.

     In small groups you are asked to present your programs proposals for next
     year, together with a recommendation for the future development of trade
     union training for the two years after that.

     Because the issue of collective bargaining will have to be addressed,
     detailed programme proposals will be needed on this subject for the
     Education Committee.


     Note:
     Before beginning the activity, think through carefully the issues of:


     a)     Target group
     b)     Course objectives
     c)     Course structure/methods/subjects
     d)     Course length
     e)     Course location (central/regional)
     f)     Residential or non-residential provision
     g)     Who should participate?
     h)     What resources are necessary?
     i)     Evaluation


     You will be allocated approximately 2 hours for this activity.



3.   Report back

     Your group will be asked to report its conclusions to a course plenary
     session. Flip charts will be available for this. Each group will have a
     maximum of 10 minutes to give their summary report back.




                        INCLUDE    IN            GOOD
                        PRACTICE LOG




                                  160
ACTIVITY No. 24
COOPERATING INTERNATIONALLY




                  161
 PARTICIPANT ACTIVITY 24:

 CO-OPERATING INTERNATIONALLY



SMALL GROUP WORK




1.   Introduction


     Trade union organisation and activities in one country can be enriched
     through contact and collaboration with brothers and sisters from different
     national and cultural backgrounds. Already you may have appreciated the
     value of international co-operation through trade union training. This
     activity is designed to encourage your thinking on how further international
     co-operation can assist you in developing your own trade union's collective
     bargaining strategies and practices.


     The Aims of this activity are:


     a)     To identify potential international partners.

     b)     To consider appropriate methods of co-operation.

     c)     To identify appropriate fields of co-operation.



2.   Activity


     You will be divided into small working groups and asked to discuss the
     following questions:


     a) List trade union organisations in other countries which your trade union
        co-
        operates with.

     b) What are the major problems or handicaps to be overcome in developing
        international co-operation amongst trade unions?



                                  162
     c) What do you see as the major benefits of international co-operation
        between trade unions in the field of collective bargaining?

     d) At what levels should international co-operation be developed within
        the trade
        union movement?

     e) What particular area of collective bargaining would most gain from
        international
        co-operation?

     f) What are the requirements of maintaining continuous contact and co-
        operation
        between trade unions working together internationally?


     You will be asked to report the conclusions of your discussions to a plenary
     meeting of the course. Use flip charts for this and elect one member of your
     group to make the presentation.



3.   Report back

     In a plenary session of the course you will be asked to present a report of
     your small group discussions. A full discussion will follow on the issues
     raised.




                       INCLUDE    IN           GOOD
                       PRACTICE LOG




                                 163
ACTIVITY No. 25
PROJECT DESING AND DEVELOPMENT




                   164
 PARTICIPANT ACTIVITY 25:

 PROJECT DESIGN AND DEVELOPMENT



SMALL GROUP WORK/INDIVIDUAL PREPARATION



1.   Introduction


     The final elements of any course programme should be devoted to the
     preparation of an individual/group project for implementation when
     participants return home from the course. This activity is designed to
     encourage a first early consideration of possible appropriate projects:


     The Aims of this activity are:


     a)     To begin the process of project planning.

     b)     To consider a range of possible project options.



2.   Activity


     You will be divided into small groups and asked to respond to the following
     questions:


     a)         From the course topics so far covered, list those which have been
                most valuable to you and most appropriate to your local trade union
                situation.

     b)         In relation to the collective bargaining needs of your trade union,
                suggest a number of possible projects that could contribute to the
                success of the union's collective bargaining strategies.

     Record your responses on flip charts for presentation to a plenary meeting of
     the course.




                                   165
3.   Report back

     Elect one member of your group to present its conclusions to a plenary
     session where the ideas of all groups will be discussed.




                     INCLUDE    IN          GOOD
                     PRACTICE LOG




                               166
ACTIVITY No. 26
PRODUCING INDIVIDUAL ACTION PLANS




                    167
 PARTICIPANT ACTIVITY 26:

 PRODUCING INDIVIDUAL ACTION PLANS



INDIVIDUAL PREPARATION




1.   Introduction


     This activity concerns itself with the preparation of your action plan for
     implementation at local level. It follows on from the completion of your
     work in Activity 24.


     The Aims of this activity are:


     a)     To clarify what programme of work you intend to implement when
            your return home.

     b)     To effectively structure the tasks that may involve.



2.   Activity


     On an individual basis, spend some time thinking about the questions
     below:


     a)     What type of report will you produce from this course (e.g. written,
            verbal), and whom will it be given to?

     b)     How will the material you take away from this course be used by
            yourself or by other members of your union?

     c)     What objectives will you set yourself as a result of this course?

     d)     What additional information about collective bargaining do you
            need?




                                  168
     e)     What other relevant action will you take as a result of this course?



     In response to these questions produce a draft action plan, using the action
     plan sheet, which is attached.



3.   Report back

     In a plenary session of the course you will be asked to present your local
     action plans to fellow course members. You will be given 5 minutes to do
     this.




                                 169
     ACTION PLAN SHEET (activity 26)


WHAT YOU INTEND TO DO                  WHEN YOU HOPE TO WHO ELSE WILL BE INVOLVED
                                       COMPLETE THE TASK




                                                     170
SECTION 6


COURSE FORMATS
FOR USING THE LEARNING ACTIVITIES




                   171
6. COURSE FORMATS
FOR USING THE LEARNING ACTIVITIES




    In Chapter 1 we referred to the programme format within which the preceding learning
    activities were developed. Generally speaking they were delivered within the context of
    residential long-course provision (the ILO International Training Centre's four to seven
    weeks programmes). By most standards these were courses of considerable length.

    Most trade union training activity is confined to much shorter duration and for that reason
    we list below some possible combinations of activities that could be applied to course
    activity of two weeks, one week, two days and one day. In all cases an assumption is made
    that the classroom time you have available is six hours per day, and that one week
    constitutes five classroom days (and that any additional weeks should be treated as a
    multiplier of five classroom days). As well it is assumed that the course title comes within
    the broad field of `Collective Bargaining'.

    Clearly the examples are no more than that: many other permutations are possible.
    Likewise, each activity is flexible enough to be adapted to meet the particular needs of your
    own course design requirements. Finally, it is assumed that whatever the format of the
    programme an end-of-course evaluation will be conducted.




                                            172
        Examples of Course Formats




COURSE                ACTIVITY                                                                                                               25
FORMAT
                      1        3     4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24
2 weeks                                                                                                                                      25
          60 hoursA
2 weeks
          60 hoursB
1 week                                                                                                                                  25
          30 hoursC
1 week
          30 hoursD
2 days
          12 hoursE
2 days
          12 hoursF
1 day
          6 hoursG
1 day
          6 hoursH




                                                              173
ANNEXES




          174
ANNEX 1

END OF COURSE EVALUATION QUESTIONAIRE




                          175
                  TRADE UNION TRAINING ON COLLECTIVE

                  BARGAINING


                  EVALUATION QUESTIONNAIRE




I.       Course objectives

     1. ……………………………………………….

     2. ……………………………………………….

     3. ……………………………………………….

     4. ……………………………………………….

     5. ……………………………………………….

     6. ……………………………………………….



     Please respond to each question by placing a tick in the appropriate box.


     Objective No. 1
     Has this objective been achieved?


             Fully                        Partly                    not at all
     Reasons
     ____________________________________________________________________________
     ____________________________________________________________________________
     ________________________________________________________________




                                                   176
Objective No. 2
Has this objective been achieved?


        Fully                       Partly         not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________


Objective No. 3
Has this objective been achieved?


        Fully                       Partly         not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________




Objective No. 4
Has this objective been achieved?


        fully                       Partly         not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________




Objective No. 5
Has this objective been achieved?


        Fully                       Partly         not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________



                                             177
    Objective No. 6
    Has this objective been achieved?


            fully                       Partly                        not at all
    Reasons
    ____________________________________________________________________________
    ____________________________________________________________________________
    ________________________________________________________________




II. Course activities
    To what extent were you satisfied with the content of the course?


    Fully                          Partly                             not at all
    Reasons
    ____________________________________________________________________________
    ____________________________________________________________________


    To what extent were you satisfied with the level of the course?


    Fully                          Partly                             not at all
    Reasons
    ____________________________________________________________________________
    ____________________________________________________________________




                                                 178
       To what extent were you satisfied with the organization of the course?


       Fully                          Partly                         not at all
       Reasons
       ____________________________________________________________________________
       ____________________________________________________________________


       How satisfied were you with the learning methods used?


       Fully                          Partly                         not at all
       Reasons
       ____________________________________________________________________________
       ____________________________________________________________________________
       ________________________________________________________________




III.   Relevance of the activities

       How relevant has the course been to your trade union situation?


       Fully                          Partly                         not at all
       Reasons
       ____________________________________________________________________________
       ____________________________________________________________________________
       ________________________________________________________________


       Will your learning on the course help resolve the trade union problems you have?


       Fully                          Partly                         not at all
       Reasons
       ____________________________________________________________________________
       ____________________________________________________________________________
       ________________________________________________________________




                                                  179
Will your learning on the course help make your management and/or training activities more
effective?


Fully                           Partly                          not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________



 IV.        Support materials

Could you use the learning materials in your own training programmes?


Fully                           Partly                          not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________

Could you understand easily the language of the learning materials?


Fully                           Partly                          not at all
Reasons
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________

 V. Participants and relationships

Were the relationships established on the course with other participants satisfactory?


Fully                     partly                   not at all
   Reasons
   __________________________________________________________________________
   __________________________________________________________________________
   ____________________________________________________________________


Was the teaching and organizational support satisfactory?


Fully                           Partly                          not at all


                                            180
   Reasons
   ____________________________________________________________________________
   ____________________________________________________________________________
   ________________________________________________________________


VI. Add any further comments you wish to make.




                                         181
ANNEX 2

a) ILO DECLARATION ON FUNDAMENTAL PRINCIPLES
AND RIGHTS AT WORK AND ITS FOLLOW-UP

b) TRIPARTITE DECLARATION OF PRINCIPLES CONCERNING
MULTINATIONAL ENTERPRISES AND SOCIAL POLICY




                           182
ANNEX 2a



ILO Declaration on fundamental principles and rights at work
(Geneva, 18 June 1998)

Whereas the ILO was founded in the conviction that social justice is essential to universal and
      lasting peace;
Whereas economic growth is essential but not sufficient to ensure equity, social progress and the
      eradication of poverty, confirming the need for the ILO to promote strong social policies,
      justice and democratic institutions;
Whereas the ILO should, now more than ever, draw upon all its standard-setting, technical
      cooperation and research resources in all its areas of competence, in particular employment,
      vocational training and working conditions, to ensure that, in the context of a global strategy
      for economic and social development, economic and social policies are mutually reinforcing
      components in order to create broad-based sustainable development
Whereas the ILO should give special attention to the problems of persons with special social needs,
      particularly the unemployed and migrant workers, and mobilize and encourage international,
      regional and national efforts aimed at resolving their problems, and promote effective
      policies aimed at job creation;
Whereas, in seeking to maintain the link between social progress and economic growth, the
      guarantee of fundamental principles and rights at work is of particular significance in that it
      enables the persons concerned to claim freely and on the basis of equality of opportunity
      their fair share of the wealth which they have helped to generate, and to achieve fully their
      human potential;
Whereas the ILO is the constitutionally mandated international organization and the competent body
      to set and deal with international labour standards, and enjoys universal support and
      acknowledgement in promoting fundamental rights at work as the expression of its
      constitutional principles;
Whereas it is urgent, in a situation of growing economic interdependence, to reaffirm the immutable
      nature of the fundamental principles and rights embodied in the Constitution of the
      Organization and to promote their universal application;

       The International Labour Conference,

       1. Recalls:
          (a) that in freely joining the ILO, all Members have endorsed the principles and rights set
               out in its Constitution and in the Declaration of Philadelphia, and have undertaken to
               work towards attaining the overall objectives of the Organization to the best of their
               resources and fully in line with their specific circumstances;
          (b) that these principles and rights have been expressed and developed in the form of
               specific rights and obligations in Conventions recognized as fundamental both inside
               and outside the Organization.

       2.    Declares that all Members, even if they have not ratified the Conventions in question,
            have an obligation arising from the very fact of membership in the Organization, to
            respect, to promote and to realize, in good faith and in accordance with the Constitution,



                                                 183
   the principles concerning the fundamental rights which are the subject of those
   Conventions, namely:
   (a) freedom of association and the effective recognition of the right to collective
        bargaining;
   (b) the elimination of all forms of forced or compulsory labour;
   (c) the effective abolition of child labour; and
   (d) the elimination of discrimination in respect of employment and occupation.

3. Recognizes the obligation on the Organization to assist its Members, in response to their
   established and expressed needs, in order to attain these objectives by making full use of
   its constitutional, operational and budgetary resources, including by the mobilization of
   external resources and support, as well as by encouraging other international
   organizations with which the ILO has established relations, pursuant to article 12 of its
   Constitution, to support these efforts:
   (a) by offering technical cooperation and advisory services to promote the ratification
        and implementation of the fundamental Conventions;
   (b) by assisting those Members not yet in a position to ratify some or all of these
        Conventions in their efforts to respect, to promote and to realize the principles
        concerning fundamental rights which are the subject of those Conventions; and
   (c) by helping the Members in their efforts to create a climate for economic and social
        development.

4. Decides that, to give full effect to this Declaration, a promotional follow-up, which is
   meaningful and effective, shall be implemented in accordance with the measures
   specified in the annex hereto, which shall be considered as an integral part of this
   Declaration.

5. Stresses that labour standards should not be used for protectionist trade purposes, and
   that nothing in this Declaration and its follow-up shall be invoked or otherwise used for
   such purposes; in addition, the comparative advantage of any country should in no way
   be called into question by this Declaration and its follow-up.




                                        184
ANNEX 2b



Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy

Description:(Multinational Enterprises: Tripartite Declaration of Principles)
Document:(OB Vol. LXXXIII, 2000, Series A, No. 3)


Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy

(adopted by the Governing Body of the International Labour Office at its 204th Session (Geneva,
November 1977) as amended at its 279th Session (Geneva, November 2000))

The Governing Body of the International Labour Office:

Recalling that the International Labour Organization for many years has been involved with certain
social issues related to the activities of multinational enterprises;

Noting in particular that various Industrial Committees, Regional Conferences, and the International
Labour Conference since the mid-1960s have requested appropriate action by the Governing Body
in the field of multinational enterprises and social policy;

Having been informed of the activities of other international bodies, in particular the UN
Commission on Transnational Corporations and the Organization for Economic Cooperation and
Development (OECD); Considering that the ILO, with its unique tripartite structure, its competence,
and its long-standing experience in the social field, has an essential role to play in evolving
principles for the guidance of governments, workers' and employers' organizations, and
multinational enterprises themselves;

Recalling that it convened a Tripartite Meeting of Experts on the Relationship between
Multinational Enterprises and Social Policy in 1972, which recommended an ILO programme of
research and study, and a Tripartite Advisory Meeting on the Relationship of Multinational
Enterprises and Social Policy in 1976 for the purpose of reviewing the ILO programme of research
and suggesting appropriate ILO action in the social and labour field; Bearing in mind the
deliberations of the World Employment Conference;

Having thereafter decided to establish a tripartite group to prepare a Draft Tripartite Declaration of
Principles covering all of the areas of ILO concern which relate to the social aspects of the activities
of multinational enterprises, including employment creation in the developing countries, all the
while bearing in mind the recommendations made by the Tripartite Advisory Meeting held in 1976;

Having also decided to reconvene the Tripartite Advisory Meeting to consider the Draft Declaration
of Principles as prepared by the tripartite group; Having considered the Report and the Draft
Declaration of Principles submitted to it by the reconvened Tripartite Advisory Meeting;

Hereby approves the following Declaration which may be cited as the Tripartite Declaration of
Principles concerning Multinational Enterprises and Social Policy, adopted by the Governing Body
of the International Labour Office, and invites governments of States Members of the ILO, the
employers' and workers' organizations concerned and the multinational enterprises operating in their
territories to observe the principles embodied therein.



                                                          185
1.Multinational enterprises play an important part in the economies of most countries and in
international economic relations. This is of increasing interest to governments as well as to
employers and workers and their respective organizations. Through international direct investment
and other means such enterprises can bring substantial benefits to home and host countries by
contributing to the more efficient utilization of capital, technology and labour. Within the
framework of development policies established by governments, they can also make an important
contribution to the promotion of economic and social welfare; to the improvement of living
standards and the satisfaction of basic needs; to the creation of employment opportunities, both
directly and indirectly; and to the enjoyment of basic human rights, including freedom of
association, throughout the world. On the other hand, the advances made by multinational
enterprises in organizing their operations beyond the national framework may lead to abuse of
concentrations of economic power and to conflicts with national policy objectives and with the
interest of the workers. In addition, the complexity of multinational enterprises and the difficulty of
clearly perceiving their diverse structures, operations and policies sometimes give rise to concern
either in the home or in the host countries, or in both.

2.The aim of this Tripartite Declaration of Principles is to encourage the positive contribution which
multinational enterprises can make to economic and social progress and to minimize and resolve the
difficulties to which their various operations may give rise, taking into account the United Nations
resolutions advocating the establishment of a New International Economic Order.

3.This aim will be furthered by appropriate laws and policies, measures and actions adopted by the
governments and by cooperation among the governments and the employers' and workers'
organizations of all countries.

4.The principles set out in this Declaration are commended to the governments, the employers' and
workers' organizations of home and host countries and to the multinational enterprises themselves.

5.These principles are intended to guide the governments, the employers' and workers' organizations
and the multinational enterprises in taking such measures and actions and adopting such social
policies, including those based on the principles laid down in the Constitution and the relevant
Conventions and Recommendations of the ILO, as would further social progress.

6.To serve its purpose this Declaration does not require a precise legal definition of multinational
enterprises; this paragraph is designed to facilitate the understanding of the Declaration and not to
provide such a definition. Multinational enterprises include enterprises, whether they are of public,
mixed or private ownership, which own or control production, distribution, services or other
facilities outside the country in which they are based. The degree of autonomy of entities within
multinational enterprises in relation to each other varies widely from one such enterprise to another,
depending on the nature of the links between such entities and their fields of activity and having
regard to the great diversity in the form of ownership, in the size, in the nature and location of the
operations of the enterprises concerned. Unless otherwise specified, the term "multinational
enterprise" is used in this Declaration to designate the various entities (parent companies or local
entities or both or the organization as a whole) according to the distribution of responsibilites
among them, in the expectation that they will cooperate and provide assistance to one another as
necessary to facilitate observance of the principles laid down in the Declaration.

7.This Declaration sets out principles in the fields of employment, training, conditions of work and
life and industrial relations which governments, employers' and workers' organizations and
multinational enterprises are recommended to observe on a voluntary basis; its provisions shall not
limit or otherwise affect obligations arising out of ratification of any ILO Convention.


                                                 186
General policies

8.All the parties concerned by this Declaration should respect the sovereign rights of States, obey
the national laws and regulations, give due consideration to local practices and respect relevant
international standards. They should respect the Universal Declaration of Human Rights and the
corresponding International Covenants adopted by the General Assembly of the United Nations as
well as the Constitution of the International Labour Organization and its principles according to
which freedom of expression and association are essential to sustained progress. They should
contribute to the realization of the ILO Declaration on Fundamental Principles and Rights and Work
and its Follow-up, adopted in 1998. They should also honour commitments which they have freely
entered into, in conformity with the national law and accepted international obligations.

9.Governments which have not yet ratified Conventions Nos. 87, 98, 111, 122, 138 and 182 are
urged to do so and in any event to apply, to the greatest extent possible, through their national
policies, the principles embodied therein and in Recommendations Nos. 111, 119, 122, 146 and
190.(Endnote 1) Without prejudice to the obligation of governments to ensure compliance with
Conventions they have ratified, in countries in which the Conventions and Recommendations cited
in this paragraph are not complied with, all parties should refer to them for guidance in their social
policy.

10.Multinational enterprises should take fully into account established general policy objectives of
the countries in which they operate. Their activities should be in harmony with the development
priorities and social aims and structure of the country in which they operate. To this effect,
consultations should be held between multinational enterprises, the government and, wherever
appropriate, the national employers' and workers' organizations concerned.

11.The principles laid down in this Declaration do not aim at introducing or maintaining
inequalities of treatment between multinational and national enterprises. They reflect good practice
for all. Multinational and national enterprises, wherever the principles of this Declaration are
relevant to both, should be subject to the same expectations in respect of their conduct in general
and their social practices in particular.

12.Governments of home countries should promote good social practice in accordance with this
Declaration of Principles, having regard to the social and labour law, regulations and practices in
host countries as well as to relevant international standards. Both host and home country
governments should be prepared to have consultations with each other, whenever the need arises, on
the initiative of either.

Employment

Employment promotion

13.With a view to stimulating economic growth and development, raising living standards, meeting
manpower requirements and overcoming unemployment and underemployment, governments
should declare and pursue, as a major goal, an active policy designed to promote full, productive
and freely chosen employment.(Endnote 2)

14.This is particularly important in the case of host country governments in developing areas of the
world where the problems of unemployment and underemployment are at their most serious. In this
connection, the general conclusions adopted by the Tripartite World Conference on Employment,
Income Distribution and Social Progress and the International Division of Labour (Geneva, June
1976) should be kept in mind.(Endnote 3)

                                                187
15.Paragraphs 13 and 14 above establish the framework within which due attention should be paid,
in both home and host countries, to the employment impact of multinational enterprises.

16.Multinational enterprises, particularly when operating in developing countries, should endeavour
to increase employment opportunities and standards, taking into account the employment policies
and objectives of the governments, as well as security of employment and the long-term
development of the enterprise.

17.Before starting operations, multinational enterprises should, wherever appropriate, consult the
competent authorities and the national employers' and workers' organizations in order to keep their
manpower plans, as far as practicable, in harmony with national social development policies. Such
consultation, as in the case of national enterprises, should continue between the multinational
enterprises and all parties concerned, including the workers' organizations.

18.Multinational enterprises should give priority to the employment, occupational development,
promotion and advancement of nationals of the host country at all levels in cooperation, as
appropriate, with representatives of the workers employed by them or of the organizations of these
workers and governmental authorities.

19.Multinational enterprises, when investing in developing countries, should have regard to the
importance of using technologies which generate employment, both directly and indirectly. To the
extent permitted by the nature of the process and the conditions prevailing in the economic sector
concerned, they should adapt technologies to the needs and characteristics of the host countries.
They should also, where possible, take part in the development of appropriate technology in host
countries.

20.To promote employment in developing countries, in the context of an expanding world economy,
multinational enterprises, wherever practicable, should give consideration to the conclusion of
contracts with national enterprises for the manufacture of parts and equipment, to the use of local
raw materials and to the progressive promotion of the local processing of raw materials. Such
arrangements should not be used by multinational enterprises to avoid the responsibilities embodied
in the principles of this Declaration.

Equality of opportunity and treatment

21.All governments should pursue policies designed to promote equality of opportunity and
treatment in employment, with a view to eliminating any discrimination based on race, colour, sex,
religion, political opinion, national extraction or social origin.(Endnote 4)

22.Multinational enterprises should be guided by this general principle throughout their operations
without prejudice to the measures envisaged in paragraph 18 or to government policies designed to
correct historical patterns of discrimination and thereby to extend equality of opportunity and
treatment in employment. Multinational enterprises should accordingly make qualifications, skill
and experience the basis for the recruitment, placement, training and advancement of their staff at
all levels.

23.Governments should never require or encourage multinational enterprises to discriminate on any
of the grounds mentioned in paragraph 21, and continuing guidance from governments, where
appropriate, on the avoidance of such discrimination in employment is encouraged.

Security of employment



                                               188
24.Governments should carefully study the impact of multinational enterprises on employment in
different industrial sectors. Governments, as well as multinational enterprises themselves, in all
countries should take suitable measures to deal with the employment and labour market impacts of
the operations of multinational enterprises.

25.Multinational enterprises equally with national enterprises, through active manpower planning,
should endeavour to provide stable employment for their employees and should observe freely
negotiated obligations concerning employment stability and social security. In view of the flexibility
which multinational enterprises may have, they should strive to assume a leading role in promoting
security of employment, particularly in countries where the discontinuation of operations is likely to
accentuate long-term unemployment.

26. In considering changes in operations (including those resulting from mergers, take-overs or
transfers of production) which would have major employment effects, multinational enterprises
should provide reasonable notice of such changes to the appropriate government authorities and
representatives of the workers in their employment and their organizations so that the implications
may be examined jointly in order to mitigate adverse effects to the greatest possible extent. This is
particularly important in the case of the closure of an entity involving collective lay-offs or
dismissals.

27.Arbitrary dismissal procedures should be avoided.(Endnote 5)

28.Governments, in cooperation with multinational as well as national enterprises, should provide
some form of income protection for workers whose employment has been terminated.(Endnote 6)

Training

29.Governments, in cooperation with all the parties concerned, should develop national policies for
vocational training and guidance, closely linked with employment.(Endnote 7) This is the
framework within which multinational enterprises should pursue their training policies.

30.In their operations, multinational enterprises should ensure that relevant training is provided for
all levels of their employees in the host country, as appropriate, to meet the needs of the enterprise
as well as the development policies of the country. Such training should, to the extent possible,
develop generally useful skills and promote career opportunities. This responsibility should be
carried out, where appropriate, in cooperation with the authorities of the country, employers' and
workers' organizations and the competent local, national or international institutions.

31.Multinational enterprises operating in developing countries should participate, along with
national enterprises, in programmes, including special funds, encouraged by host governments and
supported by employers' and workers' organizations. These programmes should have the aim of
encouraging skill formation and development as well as providing vocational guidance, and should
be jointly administered by the parties which support them. Wherever practicable, multinational
enterprises should make the services of skilled resource personnel available to help in training
programmes organized by governments as part of a contribution to national development.

32.Multinational enterprises, with the cooperation of governments and to the extent consistent with
the efficient operation of the enterprise, should afford opportunities within the enterprise as a whole
to broaden the experience of local management in suitable fields such as industrial relations.

Conditions of work and life



                                                 189
Wages, benefits and conditions of work

33.Wages, benefits and conditions of work offered by multinational enterprises should be not less
favourable to the workers than those offered by comparable employers in the country concerned.

34.When multinational enterprises operate in developing countries, where comparable employers
may not exist, they should provide the best possible wages, benefits and conditions of work, within
the framework of government policies.(Endnote 8) These should be related to the economic position
of the enterprise, but should be at least adequate to satisfy basic needs of the workers and their
families. Where they provide workers with basic amenities such as housing, medical care or food,
these amenities should be of a good standard.(Endnote 9)

35.Governments, especially in developing countries, should endeavour to adopt suitable measures to
ensure that lower income groups and less developed areas benefit as much as possible from the
activities of multinational enterprises.

Minimum age

36.Multinational enterprises, as well as national enterprises, should respect the minimum age for
admission to employment or work in order to secure the effective abolition of child labour.(Endnote
10)

Safety and health

37.Governments should ensure that both multinational and national enterprises provide adequate
safety and health standards for their employees. Those governments which have not yet ratified the
ILO Conventions on Guarding of Machinery (No. 119), Ionising Radiation (No. 115), Benzene (No.
136) and Occupational Cancer (No. 139) are urged nevertheless to apply to the greatest extent
possible the principles embodied in these Conventions and in their related Recommendations (Nos.
118, 114, 144 and 147). The Codes of Practice and Guides in the current list of ILO publications on
Occupational Safety and Health should also be taken into account.(Endnote 11)

38.Multinational enterprises should maintain the highest standards of safety and health, in
conformity with national requirements, bearing in mind their relevant experience within the
enterprise as a whole, including any knowledge of special hazards. They should also make available
to the representatives of the workers in the enterprise, and upon request, to the competent authorities
and the workers' and employers' organizations in all countries in which they operate, information on
the safety and health standards relevant to their local operations, which they observe in other
countries. In particular, they should make known to those concerned any special hazards and related
protective measures associated with new products and processes. They, like comparable domestic
enterprises, should be expected to play a leading role in the examination of causes of industrial
safety and health hazards and in the application of resulting improvements within the enterprise as a
whole.

39.Multinational enterprises should cooperate in the work of international organizations concerned
with the preparation and adoption of international safety and health standards.

40.In accordance with national practice, multinational enterprises should cooperate fully with the
competent safety and health authorities, the representatives of the workers and their organizations,
and established safety and health organizations. Where appropriate, matters relating to safety and
health should be incorporated in agreements with the representatives of the workers and their
organizations.


                                                 190
Industrial relations

41.Multinational enterprises should observe standards of industrial relations not less favourable than
those observed by comparable employers in the country concerned.

Freedom of association and the right to organize

42.Workers employed by multinational enterprises as well as those employed by national enterprises
should, without distinction whatsoever, have the right to establish and, subject only to the rules of
the organization concerned, to join organizations of their own choosing without previous
authorisation.(Endnote 12) They should also enjoy adequate protection against acts of anti-union
discrimination in respect of their employment.(Endnote 13)

43.Organizations representing multinational enterprises or the workers in their employment should
enjoy adequate protection against any acts of interference by each other or each other's agents or
members in their establishment, functioning or administration.(Endnote 14)

44.Where appropriate, in the local circumstances, multinational enterprises should support
representative employers' organizations.

45.Governments, where they do not already do so, are urged to apply the principles of Convention
No. 87, Article 5, in view of the importance, in relation to multinational enterprises, of permitting
organizations representing such enterprises or the workers in their employment to affiliate with
international organizations of employers and workers of their own choosing.

46.Where governments of host countries offer special incentives to attract foreign investment, these
incentives should not include any limitation of the workers' freedom of association or the right to
organize and bargain collectively.

47.Representatives of the workers in multinational enterprises should not be hindered from meeting
for consultation and exchange of views among themselves, provided that the functioning of the
operations of the enterprise and the normal procedures which govern relationships with
representatives of the workers and their organizations are not thereby prejudiced.

48.Governments should not restrict the entry of representatives of employers' and workers'
organizations who come from other countries at the invitation of the local or national organizations
concerned for the purpose of consultation on matters of mutual concern, solely on the grounds that
they seek entry in that capacity.

Collective bargaining

49.Workers employed by multinational enterprises should have the right, in accordance with
national law and practice, to have representative organizations of their own choosing recognized for
the purpose of collective bargaining.

50.Measures appropriate to national conditions should be taken, where necessary, to encourage and
promote the full development and utilization of machinery for voluntary negotiation between
employers or employers' organizations and workers' organizations, with a view to the regulation of
terms and conditions of employment by means of collective agreements.(Endnote 15)

51.Multinational enterprises, as well as national enterprises, should provide workers' representatives
with such facilities as may be necessary to assist in the development of effective collective
agreements.(Endnote 16)


                                                191
52.Multinational enterprises should enable duly authorized representatives of the workers in their
employment in each of the countries in which they operate to conduct negotiations with
representatives of management who are authorized to take decisions on the matters under
negotiation.

53.Multinational enterprises, in the context of bona fide negotiations with the workers'
representatives on conditions of employment, or while workers are exercising the right to organize,
should not threaten to utilize a capacity to transfer the whole or part of an operating unit from the
country concerned in order to influence unfairly those negotiations or to hinder the exercise of the
right to organize; nor should they transfer workers from affiliates in foreign countries with a view to
undermining bona fide negotiations with the workers' representatives or the workers' exercise of
their right to organize.

54.Collective agreements should include provisions for the settlement of disputes arising over their
interpretation and application and for ensuring mutually respected rights and responsibilities.

55.Multinational enterprises should provide workers' representatives with information required for
meaningful negotiations with the entity involved and, where this accords with local law and
practices, should also provide information to enable them to obtain a true and fair view of the
performance of the entity or, where appropriate, of the enterprise as a whole.(Endnote 17)

56.Governments should supply to the representatives of workers' organizations on request, where
law and practice so permit, information on the industries in which the enterprise operates, which
would help in laying down objective criteria in the collective bargaining process. In this context,
multinational as well as national enterprises should respond constructively to requests by
governments for relevant information on their operations.

Consultation

57.In multinational as well as in national entrprises, systems devised by mutual agreement between
employers and workers and their representatives should provide, in accordance with national law
and practice, for regular consultation on matters of mutual concern. Such consultation should not be
a substitute for collective bargaining.(Endnote 18)

Examination of grievances

58.Multinational as well as national enterprises should respect the right of the workers whom they
employ to have all their grievances processed in a manner consistent with the following provision:
any worker who, acting individually or jointly with other workers, considers that he has grounds for
a grievance should have the right to submit such grievance without suffering any prejudice
whatsoever as a result, and to have such grievance examined pursuant to an appropriate
procedure.(Endnote 19) This is particularly important whenever the multinational enterprises
operate in countries which do not abide by the principles of ILO Conventions pertaining to freedom
of association, to the right to organize and bargain collectively and to forced labour.(Endnote 20)

Settlement of industrial disputes

59.Multinational as well as national enterprises jointly with the representatives and organizations of
the workers whom they employ should seek to establish voluntary conciliation machinery,
appropriate to national conditions, which may include provisions for voluntary arbitration, to assist
in the prevention and settlement of industrial disputes between employers and workers. The



                                                 192
voluntary conciliation machinery should include equal representation of employers and
workers.(Endnote 21)

Note: Paragraphs 1-7, 8, 10, 25, 26, and 52 (formerly paragraph 51) have been the subject of
interpretation under the Procedure for the examination of disputes concerning the application of the
Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. Copies
of interpretations are available upon request to the Bureau of Multinational Enterprise Activities,
International Labour Office, 4, route des Morillons, CH-1211 Geneva 22, Switzerland, or at
http://www.ilo.org.

Endnotes
Endnote 1

Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise;
Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to
Bargain Collectively; Convention (No. 111) concerning Discrimination in Respect of Employment
and Occupation; Convention (No. 122) concerning Employment Policy; Convention (No. 138)
concerning Minimum Age for Admission to Employment; Convention (No. 182) concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;
Recommendation (No. 111) concerning Discrimination in Respect of Employment and Occupation;
Recommendation (No. 119) concerning Termination of Employment at the Initiative of the
Employer; Recommendation (No. 122) concerning Employment Policy; Recommendation (No.
146) concerning Minimum Age for Admission to Employment; Recommendation (No. 190)
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour.

Endnote 2

Convention (No. 122) and Recommendation (No. 122) concerning Employment Policy.

Endnote 3

ILO, World Employment Conference, Geneva, 4-17 June 1976.

Endnote 4

Convention (No. 111) and Recommendation (No. 111) concerning Discrimination in Respect of
Employment and Occupation; Convention (No. 100) and Recommendation (No. 90) concerning
Equal Remuneration for Men and Women Workers for Work of Equal Value.

Endnote 5

Recommendation (No. 119) concerning Termination of Employment at the Initiative of the
Employer.

Endnote 6

ibid.

Endnote 7
Convention (No. 142) and Recommendation (No. 150) concerning Vocational Guidance and
Vocational Training in the Development of Human Resources.


                                               193
Endnote 8

Recommendation (No. 116) concerning Reduction of Hours of Work.

Endnote 9

Convention (No. 110) and Recommendation (No. 110) concerning Conditions of Employment of
Plantation Workers; Recommendation (No. 115) concerning Workers' Housing; Recommendation
(No. 69) concerning Medical Care; Convention (No. 130) and Recommendation (No. 134)
concerning Medical Care and Sickness Benefits.

Endnote 10

Convention No. 138, Article 1; Convention No. 182, Article 1.

Endnote 11

The ILO Conventions and Recommendations referred to are listed in the Catalogue of ILO
Publications on Occupational Safety and Health, ed. 1999, ILO Geneva. See also
http://www.ilo.org/public/english/protection/safework/publicat/index.htm.

Endnote 12

Convention No. 87, Article 2.

Endnote 13

Convention No. 98, Article 1(1).

Endnote 14

Convention No. 98, Article 2(1).

Endnote 15

Convention No. 98, Article 4.

Endnote 16

Convention (No. 135) concerning Protection and Facilities to be Afforded to Workers'
Representatives in the Undertaking.

Endnote 17

Recommendation (No. 129) concerning Communications between Management and Workers
within the Undertaking.

Endnote 18

Recommendation (No. 94) concerning Consultation and Co-operation between Employers and
Workers at the Level of Undertaking; Recommendation (No. 129) concerning Communications
within the Undertaking.

Endnote 19



                                              194
Recommendation (No. 130) concerning the Examination of Grievances within the Undertaking with
a View to Their Settlement.

Endnote 20

Convention (No. 29) concerning Forced or Compulsory Labour; Convention (No. 105) concerning
the Abolition of Forced Labour; Recommendation (No. 35) concerning Indirect Compulsion to
Labour.

Endnote 21

Recommendation (No. 92) concerning Voluntary Conciliation and Arbitration.




                                             195
ANNEX 3

CONVENTION No. 87
FREEDOM OF ASSOCIATION
AND PROTECTION OF THE RIGHT TO ORGANIZE




                       196
     ANNEX 3

     Convention No. 87

     Freedom of Association and Protection of the Right to Organise


         The General Conference of the International Labour Organization,
         Having been convened at San Francisco by the Governing Body of the International Labour
Office, and having met in its Thirty-first Session on 17 June 1948;
         Having decided to adopt, in the form of a Convention, certain proposals concerning freedom
of association and protection of the right to organize, which is the seventh item on the agenda of the
session;
         Considering that the Preamble to the Constitution of the International Labour Organization
declares recognition of the principle of freedom of association to be a means of improving
conditions of labour and of establishing peace;
         Considering that the Declaration of Philadelphia reaffirms that freedom of expression and of
association are essential to sustained progress;
         Considering that the International Labour Conference, at its Thirtieth Session, unanimously
adopted the principles which should form the basis for international regulation;
         Considering that the General Assembly of the United Nations, at its Second Session,
endorsed these principles and requested the International Labour Organization to continue every
effort in order that it may be possible to adopt one or several international Conventions;
adopts the ninth day of July of the year one thousand nine hundred and forty-eight, the following
Convention, which may be cited as the Freedom of Association and Protection of the Right to
Organize Convention, 1948:


Part I. Freedom of Association

Article 1
        Each Member of the International Labour Organization for which this Convention is in force
undertakes to give effect to the following provisions.

Article 2
        Workers and employers, without distinction whatsoever, shall have the right to establish
and, subject only to the rules of the organization concerned, to join organizations of their own
choosing without previous authorisation.

Article 3
         1. Workers' and employers' organizations shall have the right to draw up their constitutions
and rules, to elect their representatives in full freedom, to organize their administration and
activities and to formulate their programmes.
         2. The public authorities shall refrain from any interference which would restrict this right or
impede the lawful exercise thereof.

Article 4
        Workers' and employers' organizations shall not be liable to be dissolved or suspended by
administrative authority.


                                                  197
Article 5
         Workers' and employers' organizations shall have the right to establish and join federations
and confederations and any such organization, federation or confederation shall have the right to
affiliate with international organizations of workers and employers.

Article 6
        The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of
workers' and employers' organizations.

Article 7
        The acquisition of legal personality by workers' and employers' organizations, federations
and confederations shall not be made subject to conditions of such a character as to restrict the
application of the provisions of Articles 2, 3 and 4 hereof.

Article 8
        1. In exercising the rights provided for in this Convention workers and employers and their
respective organizations, like other persons or organized collectivities, shall respect the law of the
land.
        2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair,
the guarantees provided for in this Convention.

Article 9
1. The extent to which the guarantees provided for in this Convention shall apply to the armed
forces and the police shall be determined by national laws or regulations.
2. In accordance with the principle set forth in paragraph 8 of article 19 of the Constitution of the
International Labour Organization the ratification of this Convention by any Member shall not be
deemed to affect any existing law, award, custom or agreement in virtue of which members of the
armed forces or the police enjoy any right guaranteed by this Convention.

Article 10
        In this Convention the term organization means any organization of workers or of employers
for furthering and defending the interests of workers or of employers.

Article 11

       Each Member of the International Labour Organization for which this Convention is in force
undertakes to take all necessary and appropriate measures to ensure that workers and employers may
exercise freely the right to organize.




                                                 198
ANNNEX 4

CONVENTION No. 98
RIGHT TO ORGANIZE AND COLLECTIVE BARGAINING




                          199
ANNEX 4

Convention No. 98

Convention concerning the Application of the Principles of
the Right to Organise and to Bargain Collectively


       The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
               and having met in its Thirty-second Session on 8 June 1949, and
       Having decided upon the adoption of certain proposals concerning the application of the
               principles of the right to organise and to bargain collectively, which is the fourth
               item on the agenda of the session, and
       Having determined that these proposals shall take the form of an international Convention,
adopts the first day of July of the year one thousand nine hundred and forty-nine, the following
Convention, which may be cited as the Right to Organise and Collective Bargaining Convention,
1949:

Article 1
        1. Workers shall enjoy adequate protection against acts of anti-union discrimination in
respect of their employment.
        2. Such protection shall apply more particularly in respect of acts calculated to--
(a)     make the employment of a worker subject to the condition that he shall not join a union or
        shall relinquish trade union membership;
(b)     cause the dismissal of or otherwise prejudice a worker by reason of union membership or
        because of participation in union activities outside working hours or, with the consent of the
        employer, within working hours.

Article 2
        1. Workers' and employers' organisations shall enjoy adequate protection against any acts of
interference by each other or each other's agents or members in their establishment, functioning or
administration.
        2. In particular, acts which are designed to promote the establishment of workers'
organisations under the domination of employers or employers' organisations, or to support workers'
organisations by financial or other means, with the object of placing such organisations under the
control of employers or employers' organisations, shall be deemed to constitute acts of interference
within the meaning of this Article.

Article 3
        Machinery appropriate to national conditions shall be established, where necessary, for the
purpose of ensuring respect for the right to organise as defined in the preceding Articles.

Article 4
        Measures appropriate to national conditions shall be taken, where necessary, to encourage
and promote the full development and utilisation of machinery for voluntary negotiation between
employers or employers' organisations and workers' organisations, with a view to the regulation of
terms and conditions of employment by means of collective agreements.



                                                200
Article 5
        1. The extent to which the guarantees provided for in this Convention shall apply to the
armed forces and the police shall be determined by national laws or regulations.
        2. In accordance with the principle set forth in paragraph 8 of article 19 of the Constitution
of the International Labour Organisation the ratification of this Convention by any Member shall not
be deemed to affect any existing law, award, custom or agreement in virtue of which members of
the armed forces or the police enjoy any right guaranteed by this Convention.

Article 6
        This Convention does not deal with the position of public servants engaged in the
administration of the State, nor shall it be construed as prejudicing their rights or status in any way.

Article 7
        The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.

Article 8
        1. This Convention shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the Director-General.
        2. It shall come into force twelve months after the date on which the ratifications of two
Members have been registered with the Director-General.
        3. Thereafter, this Convention shall come into force for any Member twelve months after
the date on which its ratifications has been registered.

Article 9
        1. Declarations communicated to the Director-General of the International Labour Office
in accordance with paragraph 2 of article 35 of the Constitution of the International Labour
Organisation shall indicate --
        a) the territories in respect of which the Member concerned undertakes that the provisions
             of the Convention shall be applied without modification;
        b) the territories in respect of which it undertakes that the provisions of the Convention
             shall be applied subject to modifications, together with details of the said modifications;
        c) the territories in respect of which the Convention is inapplicable and in such cases the
             grounds on which it is inapplicable;
        d) the territories in respect of which it reserves its decision pending further consideration
             of the position.
        2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article
shall be deemed to be an integral part of the ratification and shall have the force of ratification.
        3. Any Member may at any time by a subsequent declaration cancel in whole or in part
any reservation made in its original declaration in virtue of subparagraph (b), (c) or (d) of paragraph
1 of this Article.
        4. Any Member may, at any time at which the Convention is subject to denunciation in
accordance with the provisions of Article 11, communicate to the Director-General a declaration
modifying in any other respect the terms of any former declaration and stating the present position
in respect of such territories as it may specify.




                                                 201
Article 10
        1. Declarations communicated to the Director-General of the International Labour Office
in accordance with paragraph 4 or 5 of article 35 of the Constitution of the International Labour
Organisation shall indicate whether the provisions of the Convention will be applied in the territory
concerned without modification or subject to modifications; when the declaration indicates that the
provisions of the Convention will be applied subject to modifications, it shall give details of the said
modifications.
        2. The Member, Members or international authority concerned may at any time by a
subsequent declaration renounce in whole or in part the right to have recourse to any modification
indicated in any former declaration.
        3. The Member, Members or international authority concerned may, at any time at which
the Convention is subject to denunciation in accordance with the provisions of Article 11,
communicate to the Director-General a declaration modifying in any other respect the terms of any
former declaration and stating the present position in respect of the application of the Convention.




                                                 202
ANNEX 5

CONVENTION No. 151
LABOUR RELATIONS (PUBLIC SERVICE)




                           203
ANNEX 5

Labour Relations (Public Service) Convention, 1978
(No. 151)



The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
              and having met in its Sixty-fourth Session on 7 June 1978, and
       Noting the terms of the Freedom of Association and Protection of the Right to Organise
              Convention, 1948, the Right to Organise and Collective Bargaining Convention,
              1949, and the Workers' Representatives Convention and Recommendation, 1971,
              and
       Recalling that the Right to Organise and Collective Bargaining Convention, 1949, does not
              cover certain categories of public employees and that the Workers' Representatives
              Convention and Recommendation, 1971, apply to workers' representatives in the
              undertaking, and
       Noting the considerable expansion of public-service activities in many countries and the
              need for sound labour relations between public authorities and public employees'
              organisations, and
       Having regard to the great diversity of political, social and economic systems among
              member States and the differences in practice among them (e.g. as to the respective
              functions of central and local government, of federal, state and provincial authorities,
              and of state-owned undertakings and various types of autonomous or semi-
              autonomous public bodies, as well as to the nature of employment relationships), and
       Taking into account the particular problems arising as to the scope of, and definitions for the
              purpose of, any international instrument, owing to the differences in many countries
              between private and public employment, as well as the difficulties of interpretation
              which have arisen in respect of the application of relevant provisions of the Right to
              Organise and Collective Bargaining Convention, 1949, to public servants, and the
              observations of the supervisory bodies of the ILO) on a number of occasions that
              some governments have applied these provisions in a manner which excludes large
              groups of public employees from coverage by that Convention, and
       Having decided upon the adoption of certain proposals with regard to freedom of association
              and procedures for determining conditions of employment in the public service,
              which is the fifth item on the agenda of the session, and
       Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-seventh day of June of the year one thousand nine hundred and seventy-eight, the
following Convention, which may be cited as the Labour Relations (Public Service) Convention,
1978:

Part I. Scope and Definitions

Article 1
        1. This Convention applies to all persons employed by public authorities, to the extent that
more favourable provisions in other international labour Conventions are not applicable to them.
        2. The extent to which the guarantees provided for in this Convention shall apply to high-
level employees whose functions are normally considered as policy-making or managerial, or to


                                                204
employees whose duties are of a highly confidential nature, shall be determined by national laws or
regulations.
        3. The extent to which the guarantees provided for in this Convention shall apply to the
armed forces and the police shall be determined by national laws or regulations.

Article 2
        For the purpose of this Convention, the term public employee means any person covered by
the Convention in accordance with Article 1 thereof.

Article 3
For the purpose of this Convention, the term public employees' organisation means any
organisation, however composed, the purpose of which is to further and defend the interests of
public employees.

Part II. Protection of the Right to Organise

Article 4
        1. Public employees shall enjoy adequate protection against acts of anti-union discrimination
in respect of their employment.
        2. Such protection shall apply more particularly in respect of acts calculated to--
 (a)    make the employment of public employees subject to the condition that they shall not join or
        shall relinquish membership of a public employees' organisation;
 (b) cause the dismissal of or otherwise prejudice a public employee by reason of membership of a
     public employees' organisation or because of participation in the normal activities of such an
     organisation.

Article 5
        1. Public employees' organisations shall enjoy complete independence from public
authorities.
        2. Public employees' organisations shall enjoy adequate protection against any acts of
interference by a public authority in their establishment, functioning or administration.
        3. In particular, acts which are designed to promote the establishment of public employees'
organisations under the domination of a public authority, or to support public employees'
organisations by financial or other means, with the object of placing such organisations under the
control of a public authority, shall be deemed to constitute acts of interference within the meaning
of this Article.

Part III. Facilities to be Afforded to Public Employees' Organisations

Article 6
        1. Such facilities shall be afforded to the representatives of recognised public employees'
organisations as may be appropriate in order to enable them to carry out their functions promptly
and efficiently, both during and outside their hours of work.
        2. The granting of such facilities shall not impair the efficient operation of the
administration or service concerned.
        3. The nature and scope of these facilities shall be determined in accordance with the
methods referred to in Article 7 of this Convention, or by other appropriate means.




                                                205
Part IV. Procedures for Determining Terms and Conditions of Employment

Article 7
        Measures appropriate to national conditions shall be taken, where necessary, to encourage
and promote the full development and utilisation of machinery for negotiation of terms and
conditions of employment between the public authorities concerned and public employees'
organisations, or of such other methods as will allow representatives of public employees to
participate in the determination of these matters.



Part V. Settlement of Disputes

Article 8
        The settlement of disputes arising in connection with the determination of terms and
conditions of employment shall be sought, as may be appropriate to national conditions, through
negotiation between the parties or through independent and impartial machinery, such as mediation,
conciliation and arbitration, established in such a manner as to ensure the confidence of the parties
involved.



Part VI. Civil and Political Rights

Article 9
        Public employees shall have, as other workers, the civil and political rights which are
essential for the normal exercise of freedom of association, subject only to the obligations arising
from their status and the nature of their functions.




                                                206
ANNEX 6

CONVENTION No. 154
COLLECTIVE BARGAINING




                        207
ANNEX 6

Collective Bargaining Convention, 1981 (No. 154)

      The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
              and having met in its Sixty-seventh Session on 3 June 1981, and
       Reaffirming the provision of the Declaration of Philadelphia recognising "the solemn
              obligation of the International Labour Organisation to further among the nations of
              the world programmes which will achieve ... the effective recognition of the right of
              collective bargaining", and noting that this principle is "fully applicable to all people
              everywhere", and
       Having regard to the key importance of existing international standards contained in the
              Freedom of Association and Protection of the Right to Organise Convention, 1948,
              the Right to Organise and Collective Bargaining Convention, 1949, the Collective
              Agreements Recommendation, 1951, the Voluntary Conciliation and Arbitration
              Recommendation, 1951, the Labour Relations (Public Service) Convention and
              Recommendation, 1978, and the Labour Administration Convention and
              Recommendation, 1978, and
       Considering that it is desirable to make greater efforts to achieve the objectives of these
              standards and, particularly, the general principles set out in Article 4 of the Right to
              Organise and Collective Bargaining Convention, 1949, and in Paragraph 1 of the
              Collective Agreements Recommendation, 1951, and
       Considering accordingly that these standards should be complemented by appropriate
              measures based on them and aimed at promoting free and voluntary collective
              bargaining, and
       Having decided upon the adoption of certain proposals with regard to the promotion of
              collective bargaining, which is the fourth item on the agenda of the session, and
       Having determined that these proposals shall take the form of an international Convention,
adopts the nineteenth day of June of the year one thousand nine hundred and eighty-one, the
following Convention, which may be cited as the Collective Bargaining Convention, 1981:

Part I. Scope and Definitions

Article 1
        1. This Convention applies to all branches of economic activity.
        2. The extent to which the guarantees provided for in this Convention apply to the armed
forces and the police may be determined by national laws or regulations or national practice.
        3. As regards the public service, special modalities of application of this Convention may be
fixed by national laws or regulations or national practice.

Article 2
        For the purpose of this Convention the term collective bargaining extends to all negotiations
which take place between an employer, a group of employers or one or more employers'
organisations, on the one hand, and one or more workers' organisations, on the other, for--
  (a) determining working conditions and terms of employment; and/or
  (b) regulating relations between employers and workers; and/or
  (c) regulating relations between employers or their organisations and a workers' organisation or
        workers' organisations.


                                                 208
Article 3
        1. Where national law or practice recognises the existence of workers' representatives as
defined in Article 3, subparagraph (b), of the Workers' Representatives Convention, 1971, national
law or practice may determine the extent to which the term collective bargaining shall also extend,
for the purpose of this Convention, to negotiations with these representatives.
        2. Where, in pursuance of paragraph 1 of this Article, the term collective bargaining also
includes negotiations with the workers' representatives referred to in that paragraph, appropriate
measures shall be taken, wherever necessary, to ensure that the existence of these representatives is
not used to undermine the position of the workers' organisations concerned.


Part II. Methods of Application

Article 4
The provisions of this Convention shall, in so far as they are not otherwise made effective by means
of collective agreements, arbitration awards or in such other manner as may be consistent with
national practice, be given effect by national laws or regulations.


Part III. Promotion of Collective Bargaining

Article 5
         1. Measures adapted to national conditions shall be taken to promote collective bargaining.
         2. The aims of the measures referred to in paragraph 1 of this Article shall be the following:
 (a)     collective bargaining should be made possible for all employers and all groups of workers
         in the branches of activity covered by this Convention;
 (b) collective bargaining should be progressively extended to all matters covered by
         subparagraphs (a), (b) and (c) of Article 2 of this Convention;
 (c)     the establishment of rules of procedure agreed between employers' and workers'
         organisations should be encouraged;
 (d) collective bargaining should not be hampered by the absence of rules governing the
         procedure to be used or by the inadequacy or inappropriateness of such rules;
 (e)     bodies and procedures for the settlement of labour disputes should be so conceived as to
         contribute to the promotion of collective bargaining.

Article 6
        The provisions of this Convention do not preclude the operation of industrial relations
systems in which collective bargaining takes place within the framework of conciliation and/or
arbitration machinery or institutions, in which machinery or institutions the parties to the collective
bargaining process voluntarily participate.

Article 7
        Measures taken by public authorities to encourage and promote the development of
collective bargaining shall be the subject of prior consultation and, whenever possible, agreement
between public authorities and employers' and workers' organisations.

Article 8
The measures taken with a view to promoting collective bargaining shall not be so conceived or
applied as to hamper the freedom of collective bargaining.


                                                 209
ANNEX 7

RECOMMENDATION No. 91
COLLECTIVE AGREEMENTS




                        210
ANNEX 7

Recommendation No. 91

Recommendation concerning Collective Agreements


       The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
              and having met in its Thirty-fourth Session on 6 June 1951, and
       Having decided upon the adoption of certain proposals with regard to collective agreements,
              which is included in the fifth item on the agenda of the session, and
       Having determined that these proposals shall take the form of a Recommendation designed
              to be implemented by the parties concerned or by the public authorities as may be
              appropriate under national conditions,
adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one, the
following Recommendation, which may be cited as the Collective Agreements Recommendation,
1951:


I. Collective Bargaining Machinery

         1. (1) Machinery appropriate to the conditions existing in each country should be
established, by means of agreement or laws or regulations as may be appropriate under national
conditions, to negotiate, conclude, revise and renew collective agreements, or to be available to
assist the parties in the negotiation, conclusion, revision and renewal of collective agreements.
         (2) The organisation, methods of operation and functions of such machinery should be
determined by agreements between the parties or by national laws or regulations, as may be
appropriate under national conditions.



II. Definition of Collective Agreements

       2. (1) For the purpose of this Recommendation, the term collective agreements means all
agreements in writing regarding working conditions and terms of employment concluded between
an employer, a group of employers or one or more employers' organisations, on the one hand, and
one or more representative workers' organisations, or, in the absence of such organisations, the
representatives of the workers duly elected and authorised by them in accordance with national laws
and regulations, on the other.
       (2) Nothing in the present definition should be interpreted as implying the recognition of any
association of workers established, dominated or financed by employers or their representatives.



III. Effects of Collective Agreements

        3. (1) Collective agreements should bind the signatories thereto and those on whose behalf
the agreement is concluded. Employers and workers bound by a collective agreement should not be


                                                211
able to include in contracts of employment stipulations contrary to those contained in the collective
agreement.
        (2) Stipulations in such contracts of employment which are contrary to a collective
agreement should be regarded as null and void and automatically replaced by the corresponding
stipulations of the collective agreement.
        (3) Stipulations in contracts of employment which are more favourable to the workers than
those prescribed by a collective agreement should not be regarded as contrary to the collective
agreement.
        (4) If effective observance of the provisions of collective agreements is secured by the
parties thereto, the provisions of the preceding subparagraphs should not be regarded as calling for
legislative measures.

       4. The stipulations of a collective agreement should apply to all workers of the classes
concerned employed in the undertakings covered by the agreement unless the agreement specifically
provides to the contrary.


IV. Extension of Collective Agreements

        5. (1) Where appropriate, having regard to established collective bargaining practice,
measures, to be determined by national laws or regulations and suited to the conditions of each
country, should be taken to extend the application of all or certain stipulations of a collective
agreement to all the employers and workers included within the industrial and territorial scope of
the agreement.
        (2) National laws or regulations may make the extension of a collective agreement subject to
the following, among other, conditions;
  (a) that the collective agreement already covers a number of the employers and workers
      concerned which is, in the opinion of the competent authority, sufficiently representative;
  (b) that, as a general rule, the request for extension of the agreement shall be made by one or more
      organisations of workers or employers who are parties to the agreement;
  (c) that, prior to the extension of the agreement, the employers and workers to whom the
      agreement would be made applicable by its extension should be given an opportunity to
      submit their observations.


V. Interpretation of Collective Agreements

        6. Disputes arising out of the interpretation of a collective agreement should be submitted
to an appropriate procedure for settlement established either by agreement between the parties or by
laws or regulations as may be appropriate under national conditions.


VI. Supervision of Application of Collective Agreements

       7. The supervision of the application of collective agreements should be ensured by the
employers' and workers' organisations parties to such agreements or by the bodies existing in each
country for this purpose or by bodies established ad hoc.




                                                212
VII. Miscellaneous

       8. National laws or regulations may, among other things, make provision for--
   (a) requiring employers bound by collective agreements to take appropriate steps to bring to the
       notice of the workers concerned the texts of the collective agreements applicable to their
       undertakings;
   (b) the registration or deposit of collective agreements and any subsequent changes made
       therein;
   (c) a minimum period during which, in the absence of any provision to the contrary in the
       agreement, collective agreements shall be deemed to be binding unless revised or rescinded
       at an earlier date by the parties.




                                              213
ANNEX 8

RECOMMENDATION No. 92
VOLUNTARY CONCILIATION AND ARBITRATION




                         214
ANNEX 8

Recommendation No. 92

Recommendation concerning Voluntary Conciliation and Arbitration

      The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
              and having met in its Thirty-fourth Session on 6 June 1951, and
       Having decided upon the adoption of certain proposals with regard to voluntary conciliation
              and arbitration, which is included in the fifth item on the agenda of the session, and
       Having determined that these proposals shall take the form of a Recommendation designed
              to be implemented by the parties concerned or by the public authorities as may be
              appropriate under national conditions,
adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one, the
following Recommendation, which may be cited as the Voluntary Conciliation and Arbitration
Recommendation, 1951.

I. Voluntary Conciliation

        1. Voluntary conciliation machinery, appropriate to national conditions, should be made
available to assist in the prevention and settlement of industrial disputes between employers and
workers.
        2. Where voluntary conciliation machinery is constituted on a joint basis, it should include
equal representation of employers and workers.
        3. (1) The procedure should be free of charge and expeditious; such time limits for the
      proceedings as may be prescribed by national laws or regulations should be fixed in advance
      and kept to a minimum.
             (2) Provision should be made to enable the procedure to be set in motion, either on the
      initiative of any of the parties to the dispute or ex officio by the voluntary conciliation
      authority.
        4. If a dispute has been submitted to conciliation procedure with the consent of all the parties
concerned, the latter should be encouraged to abstain from strikes and lockouts while conciliation is
in progress.
        5. All agreements which the parties may reach during conciliation procedure or as a result
thereof should be drawn up in writing and be regarded as equivalent to agreements concluded in the
usual manner.

II. Voluntary Arbitration

        6. If a dispute has been submitted to arbitration for final settlement with the consent of all
parties concerned, the latter should be encouraged to abstain from strikes and lockouts while the
arbitration is in progress and to accept the arbitration award.


III. General

      7. No provision of this Recommendation may be interpreted as limiting, in any way
whatsoever, the right to strike.


                                                 215
ANNEX 9

RECOMMENDATION No. 159
PROCEDURES FOR DETERMINING
CONDITIONS OF EMPLOYMENT IN THE PUBLIC SERVICE




                      216
       ANNEX 9

Recommendation No. 159

Recommendation concerning Procedures for Determining
Conditions of Employment in the Public Service


       The General Conference of the International Labour Organisation,
       Having been convened at Geneva by the Governing Body of the International Labour Office,
               and having met in its Sixty-fourth Session on 7 June 1978, and
       Having decided upon the adoption of certain proposals with regard to freedom of association
               and procedures for determining conditions of employment in the public service,
               which is the fifth item on the agenda of the session, and
       Having determined that these proposals shall take the form of a Recommendation
               supplementing the Labour Relations (Public Service) Convention, 1978,
adopts this twenty-seventh day of June of the year one thousand nine hundred and seventy-eight, the
following Recommendation, which may be cited as the Labour Relations (Public Service)
Recommendation, 1978:

        1. (1) In countries in which procedures for recognition of public employees' organisations
apply with a view to determining the organisations to be granted, on a preferential or exclusive
basis, the rights provided for under Parts III, IV or V of the Labour Relations (Public Service)
Convention, 1978, such determination should be based on objective and pre-established criteria
with regard to the organisations' representative character.
        (2) The procedures referred to in subparagraph (1) of this Paragraph should be such as not to
encourage the proliferation of organisations covering the same categories of employees.

        2. (1) In the case of negotiation of terms and conditions of employment in accordance with
Part IV of the Labour Relations (Public Service) Convention, 1978, the persons or bodies competent
to negotiate on behalf of the public authority concerned and the procedure for giving effect to the
agreed terms and conditions of employment should be determined by national laws or regulations or
other appropriate means.
        (2) Where methods other than negotiation are followed to allow representatives of public
employees to participate in the determination of terms and conditions of employment, the procedure
for such participation and for final determination of these matters should be determined by national
laws or regulations or other appropriate means.

       3. Where an agreement is concluded between a public authority and a public employees'
organisation in pursuance of Paragraph 2, subparagraph (1), of this Recommendation, the period
during which it is to operate and/or the procedure whereby it may be terminated, renewed or revised
should normally be specified.

       4. In determining the nature and scope of the facilities which should be afforded to
representatives of public employees' organisations in accordance with Article 6, paragraph 3, of the
Labour Relations (Public Service) Convention, 1978, regard should be had to the Workers'
Representatives Recommendation, 1971.




                                                217
ANNEX 10

RECOMMENDATION No. 163
PROMOTION OF COLLECTIVE BARGAINING




                     218
          ANNEX 10

         Recommendation No. 163

         Recommendation concerning the Promotion of Collective Bargaining


          The General Conference of the International Labour Organization,

          Having been convened at Geneva by the Governing Body of the International Labour Office,
                and having met in its Sixty-seventh Session on 3 June 1981, and

          Having decided upon the adoption of certain proposals with regard to the promotion of
                collective bargaining, which is the fourth item on the agenda of the session, and

          Having determined that these proposals shall take the form of a Recommendation
                supplementing the Collective Bargaining Convention, 1981,

adopts this nineteenth day of June of the year one thousand nine hundred and eighty-one, the
following Recommendation, which may be cited as the Collective Bargaining Recommendation,
1981:



I. Methods of Application

        1. The provisions of this Recommendation may be applied by national laws or regulations,
collective agreements, arbitration awards or in any other manner consistent with national practice.



II. Means of Promoting Collective Bargaining

         2. In so far as necessary, measures adapted to national conditions should be taken to
facilitate the establishment and growth, on a voluntary basis, of free, independent and representative
employers' and workers' organizations.

          3. As appropriate and necessary, measures adapted to national conditions should be taken so
that--

     (a) representative employers' and workers' organizations are recognized for the purposes of
         collective bargaining;

     (b) in countries in which the competent authorities apply procedures for recognition with a
         view to determining the organizations to be granted the right to bargain collectively, such
         determination is based on pre-established and objective criteria with regard to the
         organizations' representative character, established in consultation with representative
         employers' and workers' organizations.

         4. (1) Measures adapted to national conditions should be taken, if necessary, so that
    collective bargaining is possible at any level whatsoever, including that of the establishment, the
    undertaking, the branch of activity, the industry, or the regional or national levels.



                                                 219
       (2) In countries where collective bargaining takes place at several levels, the parties to
   negotiations should seek to ensure that there is co-ordination among these levels.

       5. (1) Measures should be taken by the parties to collective bargaining so that their
    negotiators, at all levels, have the opportunity to obtain appropriate training.

        (2) Public authorities may provide assistance to workers' and employers' organizations, at
    their request, for such training.

        (3) The content and supervision of the programmes of such training should be determined
    by the appropriate workers' or employers' organization concerned.

       (4) Such training should be without prejudice to the right of workers' and employers'
    organizations to choose their own representatives for the purpose of collective bargaining.

        6. Parties to collective bargaining should provide their respective negotiators with the
necessary mandate to conduct and conclude negotiations, subject to any provisions for consultations
within their respective organizations.

        7. (1) Measures adapted to national conditions should be taken, if necessary, so that the
parties have access to the information required for meaningful negotiations.

       (2) For this purpose--

       (a) public and private employers should, at the request of workers' organizations, make
           available such information on the economic and social situation of the negotiating unit
           and the undertaking as a whole, as is necessary for meaningful negotiations; where the
           disclosure of some of this information could be prejudicial to the undertaking, its
           communication may be made conditional upon a commitment that it would be regarded
           as confidential to the extent required; the information to be made available may be
           agreed upon between the parties to collective bargaining;

       (b) the public authorities should make available such information as is necessary on the
           over-all economic and social situation of the country and the branch of activity
           concerned, to the extent to which the disclosure of this information is not prejudicial to
           the national interest.

       8. Measures adapted to national conditions should be taken, if necessary, so that the
procedures for the settlement of labour disputes assist the parties to find a solution to the dispute
themselves, whether the dispute is one which arose during the negotiation of agreements, one which
arose in connection with the interpretation and application of agreements or one covered by the
Examination of Grievances Recommendation, 1967.




                                                220