Introduction
According to International Labor Organization (ILO), collective bargaining is a tool utilized but trade unions, employers, and organizations to advocate for fair wages while improving working conditions for the employees. Accordingly, these collective bargainings are vastly driven by aspects related to working time, occupational health and safety, wages, training, and equal treatment (ILO, n.d). Occupational health and safety, as generally understood, entails reducing physical, mental, or social health risks that can adversely impact firms. To mitigate the extensive risk impact, many firms adopt safety measures, including the wearing of Personal Protective Equipment (PPEs) by employees to protect them from harm, including adverse weather conditions, when performing official duties. In this regard, therefore, this paper focuses on developing a collective bargaining agreement between the trade union and employer to improve working conditions (increasing employee safety).
Discussion
In a pre-existing collective bargaining agreement relating to employee safety, the firm and the union agree upon certain aspects that the employer should meet to ensure employee safety. These agreements included the employer providing PPEs to the employees after every two years. While this holds, new complaints from the employee show possible hitches with PPEs supplied by the company. These complaints include PPEs getting wet, thus calling for new pair which is not provided, PPEs provided are worn out or inadequate, and inadequate cold gear. From a personal opinion, there should be no set amount/limit that the management should pay for new boots, jackets, and cold-weather jeans. However, this is achievable only if the company ensures top-notch quality PPEs are adequately supplied for employees, guaranteeing at least two years of service and waterproof features. However, to ensure uniformity and PPE universality, no employee should be allowed to choose their own designs for boots or gear, which will help the firm minimize costs.
Company X-Management (Employer) recognizes that the employees request steel-toed boots every few months. However, the management perceives the employees to be taking advantage of the agreement. The employer does not provide sufficient evidence supporting how employees are taking advantage of the agreement. Additionally, the employer argues that some employees were requesting cold weather gear even though some do not perform outside functions in winter. This is evidence proves the possibility that some employees were taking advantage of the agreement. Compared to the robustly evidenced positions from the employees, employers’ arguments did not stand a chance. Employee arguments revolved around boots and gears getting wet, which could have been a result of poor quality or worn-out PPEs, and inadequate replacement supply, inadequate cold weather gear supply. To curb this, the employer should purchase the PPEs from one vendor to ensure quality for all boots and gears.
Interest-Based Bargaining Vs. Distributive Bargaining
Interest-based bargaining works as a process aimed at addressing current labor-management issues. This approach implements integrative bargaining as a way to develop mutually beneficial solutions for the employees, the union, and the employers. Solutions to the prevailing problems are established through a partnership with the union and the employees on the one hand and the employer on the other. Ultimate solutions developed in the process are mutually beneficial to the parties. Using this approach allows the union and employees to work to find the solution while eliminating the bias of the need to acquire the most resources from the agreement (Leavy, 2015). Unlike interest-based bargaining, which emphasizes on win-win situations, distributive bargaining advocates for a win-lose situation. As a process, it involves dividing up the pie of value during the negotiation resulting in one party losing to the other. In most cases, distributive bargaining is used by employers when resources are fixed or limited, and there is a mutual realization that there are no further resources that can be fetched—simply, the pie cannot be expanded further; thus, one side wines while the other loses given the resources at the disposals (Spangler, 2017). Interest-based bargaining is the best-suited approach in the scenario under consideration as it will leave both the employer and the union (and employees) in a binding mutual agreement.
Collective Bargaining Agreement
The employer agrees to provide employees with high quality-water, proof PPEs with reasonably fitted safety clothing and devices. These improved PPE’s will improve employee protection from hazardous conditions, including hazardous adverse weather conditions when performing official duties. These PPE’s will be replaced with new ones after 2 years based on manufacturers guarantee. Worn-out PPEs before the end of 2-year periods should be returned to the company for disposal and replacement. PPE replacement after wearing out will be at employees’ subsidized cost (30% subsidy). No employee will be allowed to choose their design or type of boot, as all PPEs will be standardized. However, employees will be allowed to choose the best fitting PPE, and future replacement purchases will be from the same supplier of the company given PPEs. Employees will be allowed to carry the PPEs home to make it easier for them, and as all employees are responsible for their own PPEs sets. The union agrees to assist the employer in aggressively publicizing the benefits of the use of PPE and adhering to the established safety practices, policies, and procedures.
Conclusion
In developing the Collective Bargain Agreement, the arbitrator played a vital role in resolving the prevailing issues between the union and the employer. The interest-based bargaining approach was successful largely because the arbitrators helped both parties reach a mutual agreement, thus achieving a win-win situation.
References
ILO. (n.d.). Collective Bargaining and labour relations (Collective Bargaining and labour relations). Collective bargaining and labour relations (Collective bargaining and labor relations). Retrieved September 23, 2022, from https://www.ilo.org/global/topics/collective-bargaining-labour-relations/lang–en/index.htm
Leavy, Z. (2015, January 1). Interest-based Bargainings’ impact on collective bargaining outcomes: Semantic scholar. Undefined. Retrieved September 23, 2022, from https://www.semanticscholar.org/paper/Interest-Based-Bargainings’-Impact-on-Collective-Leavy/c726b3f7672a119efb5c82462a2b9a56e6fbe35e
Spangler, B. (2017, February 28). Distributive bargaining. Beyond Intractability. Retrieved September 23, 2022, from https://www.beyondintractability.org/essay/distributive_bargaining
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