On their own part, labor unions have strategies and tactics which they employ in extracting greater concessions from management. The strategies used by management as discussed above are also used by unions. In addition, there are certain stronger types of pressures available to unions. These are strikes, picketing and boycotts, and they will be discussed briefly here.
3.3.1 Strikes
Flippo defines a strike as "....a concerted and temporary withholding of employee services from the employer for the purpose of exacting greater concessions in the employment relationship than the employer is willing to
grant at the bargaining table". He says further that the possibility of a strike is
the ultimate economic force that the union can bring to bear upon the
employer. Without the possibility of a strike in the background, there can be no true collective bargaining.
There are various types of strikes. The most important to you here are listed and explained below' taken from Flippo:
1. Recognition strike - this is a strike to force the employer to recognize and deal with the union.
2. Economic strike - this is the typical strike, based on a demand for
better wages. hours, and working conditions than the employer is willing to give.
3. Wildcat strike - these are the quick, sudden and unauthorized types of work stoppages. Such strikes are not approved by union leadership and are contrary to the labor agreement. They are sometimes viewed as a form of "fractional bargaining" by a subgroup of employees who have not achieved satisfaction through regular grievance processing or collective bargaining procedures.
4. Sit- down strike - this is when the employees strike but remain at their jobs in the organization. Such strikes are illegal since they constitute
an invasion of private property. Employees are free to strike for certain objectives but they must physically withdraw from the organization's premises.
3.3.2 Picketing
Picketing is the patrolling of strikers in front of the entrance of an
organization's premises in order to ensure total work stoppage. If the
employer accepts the strike and shuts down the organization, such picketing will be routine and peaceful. However, if the employer attempts to use non- striking workers or any other to keep the organization "going" the picketing might turn violent as strikers seek to prevent work at the factory. Picketing is legal. Its’ only illegality is when it turns violent and so steps should be taken by the employer and the union to prevent this.
3.3.3 Boycotts
Flippo discusses boycotts under the heading secondar y boycotts. Perhaps, for their intentions, this is about the only way it makes sense to classify them.
According to him "secondary boycott takes place when a union, which is seeking a concession from employer A, places pressure on employer B to influence employer A to grant the concession". This may entail the union attempting to make employer B and any others whose company has dealings with A refusing to deal with employer A until it grants the demand of its union. This works this way:- Organization A produces fast food which is purchased and consumed by organizations B, C and D. If the union in organization A succeeds in getting organizations B, C and D to boycott the
food produced by A, A will be forced to shut down. To avoid this, A may be forced to "give in" to the demands of its union.
3.3.4 The public servant and strikes
Citing certain provisions the Trade Disputes Act 1976, Akin Emiola states that "...it is illegal for any public servant ... to call out their men on strike.
Alluding to the same phenomenon in the USA, Flippo says "some have
decried the prohibition of strikes by public employees as affecting a type of second-class citizenship". He gives a rationale for this ban by saying that
"Others feel that public employment offers unusual degrees of job security, for which the employees should be willing to give up some other economic rights".
As noted earlier, the possibility of a strike is the ultimate economic force that the employee has in dealing with the employer. This is perhaps the reason
behind Emiola's apprehension to the effect that "whether the no-strike
provisions can, in fact, be enforced in practice is an entirely different
matter".He then goes on to cite the breaches of the provisions by saying: It is relevant to note that in spite of the purported ban on the right of the worker to strike or the employer to impose a lockout, teachers throughout Nigeria did engage in a successful nationwide strike in December 1978 in the same way as the Lagos State Government ordered a lockout of teachers in its teaching
service in 1977 following the teachers withdrawing of labor".Of course strikes in the core public service, i.e the civil service, here become so routine
and so rampant that one has to completely agree with Emiola that "It will be seen that the provisions of the Act banning workers from positive industrial action are honored in the breach than in observance".
4.0 Conclusion
This unit has examined the concept of collective bargaining. It has provided you a definition of it and given you the processes of collective bargaining. It has given the preparation necessary on the part of the management and union which leads to successful bargaining which is underscored by a process of giving-and-taking. The pressures available to be applied by unions which give necessar y "bite" to bargaining, particularly, strikes were also examined in their various formats. With these, you should be in a position to undertake collective bargaining on either side - management or labor.
5.0 Sum mary
Unit 20 which is a follow-up of unit 19 which discussed trade unions, has
taken a look at one of the most important functions of trade unions i.e
collective bargaining. It has examined this concept from its pre-negotiation stage throughout to the final contract stage. The place of the public service in collective bargaining and strikes have been so examined.
6.0 Tutor Marked Assignm ent
Question. l Explain the following concepts: