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M2.2 Discuss: Talent Manager as Master Negotiator—Collective Bargaining

Collective bargaining refers to the process of negotiating the terms of employment between an employer and employees. This process occurs between company management and a labor union. The result of collective bargaining is called a collective bargaining agreement. This establishes terms of employment for a number of years. Terms of employment include conditions of employment, work hours, working conditions, base pay, overtime pay, work hours, shift length, work holidays, sick leave, health care benefits, vacation time, and retirement benefits. Members of the union pay union dues for representation. Should management and labor not reach an agreement, the collective bargaining process may result in labor strikes.

Private Sector

Collective bargaining in the private sector is regulated according to the National Labor Relations Act. In addition to describing fair labor practices, this Act also appointed the National Labor Relations Board (NLRB) as the federal agency responsible for enforcing its provisions.

Non-profit Sector

The NLRB also has jurisdiction over most nonprofit organizations, as long as they meet or exceed a certain amount of revenue annually. However, some religious schools are exempted from coverage if the practice of their faith is sufficiently intertwined in the practice of the school.

Public Sector

Collective bargaining in the public sector is governed by the Civil Service Reform Act (CSRA) for federal government employees and by statues in individual states for state and local government employees. The CSRA covers all federal employees within the executive branch, except those that have been specifically excluded. The rights of federal government employees are more limited than those of private or nonprofit sector union members. For example, federal employees are not allowed to strike and cannot bargain over issues such as wages and fringe benefits. The rights of state and local government employees vary widely, based on the state. This spectrum of rights ranges from states that allow government employees to engage in collective bargaining to those that do not recognize that government employees have the right to join a union. Please view the following video on collective bargaining:

Part I: Initial Post

In the public sector, things look very different from other fields; e.g. won’t get a federal HR person to do an interview; different rules. For HR in the federal government, OPM dictates. We have our own HR people but have an overarching oversight agency. A lot of people don’t know this is how it functions. 

 Branching Scenario: Collective Bargaining

 (Links to an external site.)

Why did you make the choices you did in the above scenario?

Would you rather have chosen a different path? How so?

What recommendation would you make to the negotiating parties on how to foster TM within agreements?

Part II: Interact with Peers

Please meaningfully engage with at least two peers to move the conversation forward. Share insights about what they said, ask questions, share experiences, etc.

Assignment Guidelines

Actively monitor your own discussion thread throughout the week and respond as appropriate. Review the attached rubric to learn how to maximize your points.