Pros and Cons of Collective Bargaining by aoa29226


									                         Pros and Cons of Collective Bargaining

Section I: General advantages and disadvantages of collective bargaining


      Can lead to high-performance workplace where labor and management jointly
       engage in problem solving, addressing issues on an equal standing.

      Provides legally based bilateral relationship.

      Management’s rights are clearly spelled out.

      Employers’ and employees’ rights protected by binding collective bargaining

      Multi-year contracts may provide budgetary predictability on salary and other
       compensation issues.

      Unions may become strong allies in protecting higher education from the effects of
       an economic slowdown.

      Promotes fairness and consistency in employment policies and personnel decisions
       within and across institutions.

      Employees may choose whether they want union representation.

      A strong labor management partnership may enable the workforce development
       needed for engaging the technology revolution.


      Management’s authority and freedom are much more restricted by negotiated

      Creates significant potential for polarization between employees and managers.

      Disproportionate effect of relatively few active employees on the many in the
       bargaining unit. This is particularly the case when collective bargaining involves a
       system-wide structure of elections.

      Increases bureaucratization and requires longer time needed for decision making.

      Increases participation by external entities (e.g., arbitrators, State Labor Relations
       Board) in higher education’s decision making.

      Protects the status quo, thereby inhibiting innovation and change. This is
       particularly the case when the change involves privatizations.

      More difficult for employees at smaller campuses to have their voices heard.

      Higher management costs associated with negotiating and administering the

      Eliminates ability of management to make unilateral changes in wages, hours, and
       other terms and conditions of employment.

      Restricts management’s ability to deal directly with individual employees.

      Increased dependence on the private sector for certain services, particularly those
       requiring technological competence, may be compromised.

      Contract administration is a very difficult process to manage and significantly
       changes the skill set required of managers and supervisors.

Section II: Advantages and disadvantages of collective bargaining based on the
            proposed legislation (i.e., if we have collective bargaining, what are the
            advantages and disadvantages of this law?)


      Board of Regents maintains right to establish the labor-related activities that may
       take place on the work site, subject to labor’s right to appeal to State Labor
       Relations Board (SLRB).

      Individual institutions may negotiate subagreements on any issue, preserving
       institutional distinctions on matters subject to collective bargaining.

      Board of Regents has the authority to assign titles and positions to bargaining
       units, subject to labor’s right to appeal to SLRB.

      Elections may take place at reasonable intervals (every 2 years).

      Employees are prohibited from striking and engaging in other similar work
       stoppages or slowdowns.

      Lack of impasse procedures favors management.

      Employees who are not members of unions are not required to pay service fees.

      Employees may still discuss any matter with the employer.

      The management rights section is extensive.

      A broad range of employees are exempted.

      An election is required before employees can choose to bargain collectively or not.


      Negotiation of system-wide bargaining contracts will be cumbersome and time-
       consuming, requiring agreement among system-wide managers before negotiations
       begin and restricting flexibility during negotiations.

      The subagreement process will be difficult to administer. There will be an
       increased burden on the Board of Regents to craft a flexible management plan to
       serve as the basis of the negotiation with the exclusive bargaining agent.

      The votes of employees within a bargaining unit at a single large institution may
       dominate the decision whether that system-wide bargaining unit will engage in
       collective bargaining.

      The USM has no representative on the SLRB.

      Legislative approval may be required on certain matters that are now within the
       Board of Regents’ authority, running counter to the spirit of autonomy granted in
       S.B. 682.

      A very strong system of shared governance will be restricted to a very limited
       number of areas.

      Under the guise of inconsistency and unfairness, labor will attempt to negotiate
       away the different conditions of work and various economic benefits necessary to
       the unique requirements of an institution.


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