Department:            INDUSTRIAL AND LABOUR RELATIONS

TAI SOLARIN UNIVERSITY OF EDUCATION, 

P.M.B.2118, Ijagun, Ijebu-ode, Ogun State.

Adekoya Matthew O.

FORMULATION OF RULES AND REGULATIONS USING NEGOTIATION AS METHOD ADOPTED IN AN ORGANIZATION

INTRODUCTION

          “No two individuals can be the same in any way” and this originate from instinct in his nature as human which rest on the psychological principles of individual differences, divergent opinions, beliefs and perspective. Man by nature is a social animal with a higher rational thinking ability that live his life based on Choice, Pleasure and avoiding things and situation that will cause him pain. In order to enjoy all goodies of life; he always bargain with fellow man on the basis of his interest.

WHAT IS NEGOTIATION?

          To ‘Wikipedia’ an online encyclopedia, ‘negotiation’ is a dialogue between two or more people or parties, intended to reach an understanding, resolving point of difference or gain advantage in outcome of dialogue to produce an agreement upon a courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy various interests of two people or parties involved in negotiation process.

          Ichado (2000) opined it ‘as essentially a rule-making process and it is also a system of countervailing power i.e power relationship between parties in an organization’.

          Dafe and Morakinyo (1987) construed it ‘as a term applied to those arrangements under which wages and conditions of employment are settled by a bargain in the form of an agreement made between employer or association of employers and workers organizations’.

According to ILO’s convention (1949) defined negotiation as ‘’ a process through which parties move from their divergent positions to a position where agreement may be reached’.

WHY NEGOTIATION

It is inevitable that from time-to-time, conflict and disagreement will always arise as the differing need, wants, aims, belief of people are brought together. Without negotiation such conflict may lead to argument and resentment resulting in one or all parties feeling dissatisfied. Negotiation tends to help reach agreement without causing future barriers to communication. It is concerned with improving the conditions of employment cum drawing up appropriate rules of conduct for management union relationship.

Without any doubt, negotiation missile round a debate on both substantive and procedural issues.

NEGOTIATION AND SUBSTANTIVE ISSUES

In most situations, issues on which negotiation is debated upon are issues connected with terms and conditions of employment between the two major parties (employer and employees) in an organization. Such matters include wages and salaries, fringe benefits, allowances, bonus, leave, working hours, employee’s welfare. All these issues are all employee and part-management concern.

NEGOTIATION AND PROCEDURAL ISSUES

          Often times, there have been argument on policies, rules and negotiation which are contradicted by both parties in the organization. Some of these rules and policies are obnoxious to employee resulting in antagonism and counter reaction between management groups and group of employees all these relating to rights and privileges in the organizations. Employee by virtue of employment contract and employees’ right accuse the management of not considering their personal interest and not seeking their consent before formulating rules and regulations in the organization.

          Hence, matters relating to rights of individual employee, trade unions right, union membership right, industrial dispute settlement procedures are major issues in which both parties haggle on in the workplace.

PROCESSES OF NEGOTIATION

1.     PREPARATION AND PLANNING: Effective planning is the key word in management and first phase in negotiation and should be taken as priority. In negotiation, it is based on investigating the nature of the conflict, what is the history leading up to negotiation?, those who are involved and the perceptions of the conflict.

2.     DISCUSSION: It is another phase in negotiation where individuals put forward their case as they view it and the key skills required are questioning, listening and clarification.

3.     CLARIFICATION AND JUSTIFICATION: It involves the two parties explaining, amplifying, clarifying, bolstering and justifying the original demand. At this point, one party want to provide the other party with any documentation (evidence) that help support his position. There is always a counter reaction at level of negotiation.

4.     NEGOTIATION AND PROBLEM SOLVING: This phase involves the process of give and take, in trying to trash out an argument aiming at reaching a concession.

5.     AGREEMENT: This phase is where contemplating issues are winded up and an agreement is reached after various counter reactions and trashing out of argument is sort.

6.     CLOSURE AND IMPLEMENTATION: This is the last phase where all issues and agreement reached are executed. It is the stage where all agreements are formalized.

FORMULATION OF RULES AND REGULATIONS THROUGH NEGOTIATION.

1.     An agreement is reached from which rules and regulations are formulated.

2.     This agreement is documented in black and whites for reference purposes by both parties in contract.

3.     The rules and regulations formulated from the agreement are strictly monitored for implementation.

4.     The agreement reached becomes binding of both parties in dispute.

5.     The breach of the agreement attracts penalties as it is formulated based on contract.

6.     Through negotiation, rules, regulations, and policies are introduced to prevent the emergence of conflict and promote industrial peace.

7.     Through negotiation, both parties formulate rules and regulations that enable employee actively participate in decision-making process and jointly set considerable rules that governed their work.

8.     Negotiation closes down employees’ unruly behavior such as walkout, slowdown and help formulate rules of accommodation, unity and team spirit.

REFERENCES

ILO (1949). Right to organize and collective bargaining convention, Paris, France.

Martand (2007). Industrial and Business Management; S.chand and company ltd,

Ram Nagar, New Delhi, India

Ichado. S. (2000). Fundamental of Industrial relations and Industrial education;

Institute Of education, Ago-Iwoye, Ogun state.

Ogunbameru (2004). Organisational Dynamics (pg.204), Spectrum book limited,

Ring road, P.M.B. 5612, Ibadan, Oyo state.

Other Source

Google search: www.google.com

Wiki pedia