KEY COMPONENTS OF IBB: DON’T LEAVE HOME WITHOUT THEM! ________________________________________________________ INTEREST BASED BARGAINING ____ (1) Presented by: EDWARD F. HARTFIELD, THE HARTFIELD RESOLUTION GROUP and BOB UFBERG, UFBERG SILEO, LLP

WORKSHOP GOALS Discuss the strengths and weaknesses of IBB ________________________________________________________ INTEREST BASED BARGAINING ____ (2) WORKSHOP GOALS Discuss the strengths and weaknesses of IBB Develop a shared understanding of how and when to use IBB Understand when to avoid IBB Identify key components of IBB

INTEREST BASED BARGAINING A structured approach to negotiation in which the parties share their concerns, generate options jointly, share data and address all interests on issues.

PRINCIPLES OF IBB Focus on issues, not personalities. ________________________________________________________ INTEREST BASED BARGAINING ____ (4) PRINCIPLES OF IBB Focus on issues, not personalities. Work from interests, not positions. Create options to satisfy both mutual and separate interests. Evaluate options with standards, not power. Information sharing is essential for wise decisions and effective problem solving.

KEY COMPONENTS Joint Training Commitment to Shared Data/ Data Team Commitment to use process from beginning to end No splitting of issues Wise use of facilitation

KEY QUESTIONS Does Interest Based Bargaining truly differ from traditional bargaining? ► If so, how? ► What points do they share in common? Is IBB generally a good or bad approach for negotiating Higher Ed labor contracts? ► When would you choose to use IBB? ► When or why would you avoid IBB? ► What particular facts and circumstances inform your answer in each instance?  

KEY QUESTIONS Recognizing the unique exposure resulting from IBB: Are certain kinds of issues better addressed in IBB than in traditional bargaining? Conversely, are certain kinds of issues better addressed in traditional bargaining? Recognizing the unique exposure resulting from IBB: ► Does possibility of failure increase the risk? ► Is there life after failure? Does using IBB pose any unique legal issues or challenges, e.g. under the National Labor Relations Act?

MUTUAL INTERESTS Association College M U T A L ________________________________________________________ INTEREST BASED BARGAINING ____ (8) MUTUAL INTERESTS Association College M U T A L

UNDERSTANDING INTERESTS ________________________________________________________ INTEREST BASED BARGAINING ____ (9) UNDERSTANDING INTERESTS In order to reach an agreement, it is not necessary to agree with someone else’s interests It is necessary to understand their interests

INTEREST-BASED BARGAINING PROCESS Step 1. DETERMINE ISSUES FOR NEGOTIATION JOINT Step 2. GENERATE INTERESTS SEPARATE Step 3. SHARE INTERESTS JOINT Step 4. BRAINSTORM OPTIONS JOINT Step 5. RATE OPTIONS SEPARATE Step 6. SHARE RATINGS JOINT Step 7. REVISE RATINGS (IF APPROPRIATE) SEPARATE Step 8. SHARE REVISED RATINGS JOINT Step 9. CREATE PACKAGES SEPARATE Step 10. PRESENT PACKAGES JOINT Step 11. REACH AGREEMENT ON A PACKAGE JOINT Step 12. SETTLEMENT JOINT

________________________________________________________ MUTUAL GAINS BARGAINING ____ (11) For Additional Information: Edward F. Hartfield The Hartfield Resolution Group PO Box 116 St. Clair Shores, MI. 48080 ehartfield@hartfieldresolutiongroup.com www.hartfieldresolutiongroup.com 586-419-7417 Bob Ufberg Ufberg Sileo, LLP 310 Penn Avenue Scranton, PA 18503 rufberg@ufberglaw.com www.ufbergsileo.com 570-341-8800