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Pros and Cons of Collective Bargaining

Section I: General advantages and disadvantages of collective bargaining


Pros
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.
Managements rights are clearly spelled out.
!mployers and employees rights protected by binding collective bargaining
agreement.
Multi-year contracts may provide budgetary predictability on salary and other
compensation issues.
"nions 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.
!mployees may choose whether they want union representation.
# strong labor management partnership may enable the workforce development
needed for engaging the technology revolution.
Cons
Managements authority and freedom are much more restricted by negotiated
rules.
Creates significant potential for polari$ation between employees and managers.
%isproportionate effect of relatively few active employees on the many in the
bargaining unit. &his is particularly the case when collective bargaining involves a
system-wide structure of elections.
'ncreases bureaucrati$ation and requires longer time needed for decision making.
'ncreases participation by e(ternal entities )e.g., arbitrators, *tate +abor ,elations
-oard. in higher educations decision making.
Protects the status quo, thereby inhibiting innovation and change. &his is
particularly the case when the change involves privati$ations.
More difficult for employees at smaller campuses to have their voices heard.
/igher management costs associated with negotiating and administering the
agreements.
!liminates ability of management to make unilateral changes in wages, hours, and
other terms and conditions of employment.
,estricts managements ability to deal directly with individual employees.
'ncreased 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?)
Pros
-oard of ,egents maintains right to establish the labor-related activities that may
take place on the work site, subject to labors right to appeal to *tate +abor
,elations -oard )*+,-..
'ndividual institutions may negotiate subagreements on any issue, preserving
institutional distinctions on matters subject to collective bargaining.
-oard of ,egents has the authority to assign titles and positions to bargaining
units, subject to labors right to appeal to *+,-.
!lections may take place at reasonable intervals )every 0 years..
!mployees are prohibited from striking and engaging in other similar work
stoppages or slowdowns.
+ack of impasse procedures favors management.
0
!mployees who are not members of unions are not required to pay service fees.
!mployees may still discuss any matter with the employer.
&he management rights section is e(tensive.
# broad range of employees are e(empted.
#n election is required before employees can choose to bargain collectively or not.
Cons
1egotiation of system-wide bargaining contracts will be cumbersome and time-
consuming, requiring agreement among system-wide managers before negotiations
begin and restricting fle(ibility during negotiations.
&he subagreement process will be difficult to administer. &here will be an
increased burden on the -oard of ,egents to craft a fle(ible management plan to
serve as the basis of the negotiation with the e(clusive bargaining agent.
&he 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.
&he "*M has no representative on the *+,-.
+egislative approval may be required on certain matters that are now within the
-oard of ,egents authority, running counter to the spirit of autonomy granted in
*.-. 230.
# very strong system of shared governance will be restricted to a very limited
number of areas.
"nder 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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