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Collective bargaining is a helpful process where groups of employees come together to petition their employers for a change in contract. It is frequently used by trade unions to achieve their goals.
This is a very powerful position to be in, and it can produce some great options for groups who feel that they have little to no power on their own. Let's explore what collective bargaining arrangements can offer, and a case study to show just how effective they can be.
What is collective bargaining?
Collective bargaining is where a group comes together to negotiate with those in power, frequently employers. These groups often need to be officially recognised by those they wish to negotiate with, and this is where the power of trade unions can come forward.
A trade union is a group of workers recognised by the organisation and the government as an official collective operating on behalf of its members. Though only one or two people may actually negotiate, they are doing so on behalf of everyone in the union.
In the UK, there is no statutory requirement to join a union. However, many professionals do join as membership affords them access to legal advice and protection, plus the opportunity to have their say in any collective bargaining processes the union elects to undertake.
What is a collective agreement?
A contract acts as an agreement between an individual employee and the company that they work for. Someone may choose to negotiate wages or other aspects of their contract, but it is still only an agreement between them and their boss. A collective agreement is one between the employer and a group of employees headed by an employee representative.
This agreement is one between the employer and everyone in that group. For example, a hospital might agree to raise the wages of its doctors after their union approached administrative staff.
The collective agreement must be delivered in writing and must be agreed to by both sides. Once the clause has been approved, it then can't be further amended without future negotiations.
When do we need collective agreements?
Collective agreements are very powerful and important. They are exceptionally useful under circumstances where a specific matter could affect a particular cross-section or maybe even an entire workforce. For instance, if employees wish to introduce new health and safety measures to a factory floor, they may decide to collectively bargain as these changes would affect the entire workforce.
Changes to general workplace policies, such as disciplinary or dismissal protocols, should also be bargained for by collective agreement since they are policies that will affect everyone who works there. If the negotiation would be more effective with a group behind one party rather than a single individual, collective bargaining agreements are the better option. There is strength in numbers for those willing to put it to good use.
What happens during the collective bargaining process?
No matter what side of the table you sit on, it is important to remember that collective bargaining will progress in the same manner as any other negotiation process. However, this is likely to be a lengthy process that could take weeks or months to reach a satisfactory conclusion. Having an established agenda and path for discussions to move against will help most collective bargaining arrangements to proceed, even if the individual points are debated and argued along the way.
Some of the points that should be discussed before opening negotiations include:
Frequency of meetings
How regularly will both parties be meeting to discuss terms? Given the ever-changing nature of the business world, it might not be feasible for leaders to sit down with the collective every day until a satisfactory conclusion is reached. Therefore, it might be better for all to schedule regular meetings going forward until a reasonable conclusion can be reached.
Representatives
Both parties should put forward representatives for the negotiations. The company owners or managers may choose to represent themselves or they may seek legal representation if a dispute regarding pay and working conditions or some other sensitive area of discussion is required.
Whether employees are acting under the protection of a recognised trade union or a group of their own devising, they need to ensure they put forward a representative that they trust to deliver their demands and voice their opinions accurately.
Who is covered
An important distinction to make before the process can begin is who will be covered by any agreement reached. After all, the term collective bargaining refers to a group of people. Both parties need to establish whether any changes will be just for union or collective members or whether they will apply to the entire workforce.
Issues
Of course, one of the primary agreements should be the issues that need to be discussed. If the collective wishes to negotiate wages or working hours, for example, they should make this clear ahead of the beginning of discussions. It might also be pertinent to consider options that may be included in further conversations.
Terms for resolving issues
Many collective bargaining meetings also open with terms for resolving the issues. The collective will most likely have demands that they want management to adopt. By stating these at the start of the bargaining process, negotiation strategies and potential progress can be made. Both parties might possibly agree on what will happen if an agreement can't be reached as this will also have effects on workers and inter-company relationships.
Do you have to be in a union for collective bargaining?
Though union recognition can help with collective bargaining, you do not need to be in a union to engage in this type of negotiation. All you need is a group of like-minded colleagues who are keen to see the same outcome as you.
The advantage of using a union is that you have access to resources that you might not have without a union membership. Union representatives likely know the law inside and out, and they may have connections elsewhere in the union who can provide useful insights that may help the collective in this instance. They also may have access to legal representation, which can aid the collective if legal issues need to be addressed.
However, let us say it again, you do not have to be in a union to engage in collective bargaining.
You just need to be part of a group of colleagues with a vision for change and a consensus on how you will advocate for yourselves during negotiations.
Case Study: RMT and ASLEF industrial action
One of the best examples of collective bargaining that we have seen recently has been the recent rail strikes. The industrial action was considered to be the largest in the railway sector since 1989 and involved 40,000 workers in several unions, but most notably the National Union of Rail, Maritime and Transport Workers (RMT) and the Associated Society of Locomotive Engineers and Firemen (ASLEF).
The planned industrial action was in response to several actions: the threat of redundancies, wages, and changes to working practices such as the removal of guards from trains, a reduction in ticket offices, and an increase in the ages people could claim the young persons or senior citizen railcards.
In England, the negotiations were stalled due to the then-Conservative governments who refused to meet with union members. In Scotland and Wales, where transport is a devolved matter, representatives of the Scottish Government and Welsh Assembly met with the unions and were able to resolve disputes with the RMT in December 2022 and ASLEF in May 2023. No progress was made in England until the election of the Labour government, when negotiations resumed and the ASLEF dispute concluded in September 2024. However, as of writing, the RMT dispute in London is still ongoing.
Looking at how RMT, ASLEF and other trade unions negotiate can teach us a lot about the power of collective bargaining. This was major industrial action and negotiations took years to resolve, but ultimately the chips fell in favour of the unions. When a collective stays on message and cohesive, they will hopefully be able to make an impact together and achieve the results they wish to see.
Remember, we are stronger together
Collective bargaining is such a strong process because we have multiple minds all working towards a common goal. We can be so much stronger when working together than we are when we are on our own. In a negotiation, even having one extra person on your team means that you could spot something in the other party that you could turn in your favour.
Even though collective bargaining makes you part of a group, this is no reason for you to dismiss improving your own negotiation skills. Approach these negotiations with a mind of bringing your best to these discussions. The more capable and cohesive the party as a whole is, the easier you may find holding your position in negotiations.
At Scotwork, we firmly believe that everyone should be able to negotiate. As collective bargaining shows, sometimes a group needs to stand up and demand change to see it come to pass. Negotiation skills can provide a foundation of confidence that helps guide talks forward. Get in touch today to find out more about our negotiation training and what it can offer you, whether you are part of a collective bargaining for change or a solo professional meeting your own goals.
