Introduction
While working together or in a group, it is arguably true to state that this platform offers a rather intriguing arena where individuals conjoin their expectations to the project or work definition. However, this is not the only expectation that is present. Apparently, there are numerous challenges continuously faced by individuals, as well as corporations such that there arise constant need to have a common voice. Take for example, in the event that employees of a corporation perceive that they are underpaid or intend to have a pay rise, it is imperative for them to come up with a platform such that their grievances can be aired and heard with ease without necessarily having to individually follow some tiring bureaucratic steps. Therefore, individuals can form some form of trade unions to cater for such happenings.
Collective Bargaining
Collective bargain, by definition, is the phenomenon whereby workers or employees find that the existing default systems are marred with flaws that bar them from achieving their set goals (Adams, 2011). This means that the formation of a workers’ bargaining group is imperative to improvement of the working conditions. As such, workers are empowered in the context of having better representation within the management, in addition to, having a voice that can be used to represent the employees on legal fronts. Adams connotes that collective bargain is an emergent platform; one that tends to send chills to the spine of organization management.
Collective Bargain and Effectiveness in Management of employee relationship
Collective bargain is not only emerging as a key aspect, but rather it has been harnessed whereby the management can use this platform to moderate in workers’ relationship within the organization (Hershkoff, 2010, Adams, 2011, Cooter & Siegel, 2010). Apparently, companies are emerging with new ways to moderate on relationship aspects. Take for example an organization that intends to improve its relationship with its employees; research has shown that it is possible and easier to communicate to employees through the body they are well associated with, rather than by the conventional arena (Adams, 2011). The main reason behind this is the fact that an employee owned platform tends to make an employee perceive that the arena is a representation of their feelings within the organization.
Second, by empowering and acknowledging the presence and power of collective bargain, the organization can comfortably discuss weighty issues that need addressing, and appointment of employee and leader representatives is democratic (Hershkoff, 2010). Employees inherently associate with groups that tend to showcase their needs and work vehemently so as to support such a group. Therefore, this empowers their collective bargain stance so as to lay a platform where there is the promotion of values the company should adopt. For example, using this platform, it is possible to establish future company cultures whereby what is agreed within the context of collective bargain platform becomes adopted within the fundamentals of the company.
Challenges of workers unions and collective bargain
Collective bargain and workers unions are powerful platforms whose aim is to defend the marginalized and underprivileged, in the organization. Apparently, it is notable that, as an individual, it is hard to push for substantial change within an organization. However, this change can easily be pushed in the context of a trade union. However, there are emergent and inherent challenges that can be pinpointed in the unions. For example, skeptics connote that despite these unions having strong stands within the media platform, and vehemently airing the challenges that are discussed; enforcing fundamental aspects is a considerable challenge (Hershkoff, 2010). For example, in the works of Hershkoff, it is noted that aspects like strong advocacy for proper school management and healthy education practice, better utilization and optimization of public social amenities, proper and affordable healthcare practice, and promotion of a cleaner environment are basics that define the society. It is admissible that the unions and their collective bargaining power can only make a proposition of various issues and aspects that face the community that they fervidly represent, but are incapacitated in making assertions and enforcement of these fundamentals (Hershkoff, 2010).
Second, it is identifiable that there is an inherent shortage of an inclusion criteria in as far as cultural consideration of the formulation of the regulatory facets of the collective bargaining platform is concerned. For example, Hershkoff (2010) borrows from South Africa’s Constitution section 39 Subsection2 noting that due to the shortfalls inherent in the formation of credible unions, it is vital to include judicial bodies to come up with an appropriate mechanism of coverage and activities. In their assertion, there is strong advocacy that any forum, court or tribunal mandated to come up with regulatory aspects of unions and collective bargain standards ought to include the spirit, objects and purpose of the fundamentals of the Bill of Rights (Hershkoff, 2010).
Third, it is also admissible that the security of the union and the clauses used in its constitution is dependent of the state security clauses (Cooter & Siegel, 2010). This means that malevolent state organs can compromise it although this can only happen to a certain extent. The checkpoint is mainly from the larger member parties who have the right to trigger change in the company.
Collective Bargaining and the Legal Framework
The existence of collective bargain has been marred with numerous challenges. However, the legal frameworks established all over the world have enabled harnessing of the essence of collective bargain. For example, the Declaration of Philadelphia on collective bargain has been widely adopted in many states as a vital organ in moderation of collective bargain organs. Most of the legal frameworks that have been put in place are founded and conjoined with International Labor Laws (ILO) (Adams, 2011). In 1998, “the International Labor Law established a Declaration of Fundamental Principles and Rights at Work” (Adams, 2011, p. 153 +). In this declaration, there is an emphasis on the rights of individuals to join an already established collective bargain organization like a trade union. However, joining such an organization ought to be out of one’s own volition rather than coercion (Adams).
The Wagner Act Model is another legal framework established with better roots in the United States, as well as in Canada (Cooter & Siegel, 2010). In this framework, it is imperative to note with keenness that, in order for trade unions to get government backing, it is necessary for these unions to gain substantial government backing. This is a compromise position set for such unions especially given the fact that the government plays a central role in vital decision-making. This government intervention in decision frameworks of union tends to compromise the union on various fronts. For example, in the event that the trade union makes a demand that is perceivably impossible to implement, its demands can be compromised since the deciding organ may make adjustments to their demands while malevolent individuals make changes meant to influence and enrich themselves.
Cooter and Siegel (2010) connote that there has been an eruption of campaigns towards the need to kill unionization movements, an aspect that has seen significant demonstrations on various fronts.
How Human Resource ensure Compliance
Establishment of a legal framework is just as important as establishing modalities for its enactment within the rightful arena. Therefore, to ensure compliance, the human resource makes sure that individuals voluntarily join trade movement, such that; they pay the required fee as members, and in return they gain access to vital information and support for their needs. The unions play a central role in moderating discussions and decisions perceivably sensitive in nature including, but not limited to salary and wages, employment and dismissals, and other fundamentals established.
Second, the human resource also has the right to promote the right for individuals. For example, individuals have the right to participate in demonstration in the event there are unattended grievances without victimization. Victimization often happens upon resumption to their duties following a consensus. Additionally, the HR does make an effort to ensure that they establish a best practice chatter that detail the roles of trade unions and right in joining such trade unions,in addition to,the right to start a union that can be used to discuss grievances on behalf of other members of such a union with the administration.
Changes in legislation
It is important to have changes within the legislature. For example, instead of crucial decisions being made in parliament and other plenary sessions appointed by politicians, an independent body and court should be established that look into the details of the decision framework and come up with recommendations that are to be accented by the president.
Conclusion
In conclusion, it is arguable that collective bargain is a vital trend that advocates for the welfare of the workers. Additionally, establishment of legal frameworks has brought an assertion of the central role that unions play within an organization; thus demanding these organizations to formulate their policies in line with the established legal frameworks.
References
Adams, J. R. (2011). Collective bargaining as a minimum employment standard. The Economic and Labour Relations Review : ELRR, 22(2), 153-164. Retrieved from http://search.proquest.com/docview/881055379?accountid=45049
Cooter, D. R., & Siegel, S. N. (2010). Collective action federalism: A general theory of article I, section 8. Stanford Law Review, 63(1), 115-185. Retrieved from http://search.proquest.com/docview/849233515?accountid=45049
Hershkoff, H. (2010). "Just words": Common law and the enforcement of state constitutional social and economic rights.Stanford Law Review, 62(6), 1521-1582. Retrieved from http://search.proquest.com/docview/635152482?accountid=45049
