The Negotiating Process

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Presentation transcript:

The Negotiating Process 11/27/2018 “Bargaining in Good Faith” Meet and confer at reasonable times and places. Reasonable authority to negotiate Open mind to consider proposals Union’s exclusive right to bargain - no direct dealing. Dilatory tactics.

“Bargaining in Good Faith” Surface Bargaining “Take it or leave it” Requirement to provide relevant information Poverty pleas Not required to make concessions Anti-union animus Totality of the circumstances and bargaining record

“Bargaining in Good Faith” Legal Categories of Bargaining Issues Mandatory “You must talk to me” Permissive “Please talk to me” Prohibited “I can’t talk to you”

The Bargaining Process A Mating Ritual “Lets Do Lunch” My place, your place or somewhere exotic. Convenience, cost, comfort, and distractions. Close to constituents. Early vs late stages. “What’s a Good Time For You” Early starts on tough issues. Bargaining against the deadline. How long to ratify Do you tell the FMCS

Lets Dance The First Session Procedural Matters - Rules of the Road When, where, how often to meet Confidentiality Tentative agreements Notes and minutes “Will You Lead or Shall I” Union proposals (in writing) Management proposals Number and purposes of demands “Lets Rest - (and let me prepare my lines) Last chance for research and planning

Back to the Dance Floor Narrowing the Issues The Middle Game Sequence of Issues Whose draft to work from? Minor or major issues first? Contract items vs economics Narrowing the Issues

The End Game “Lets Spend the Night” “Last Dance” The End Game “Lets Spend the Night” Do we want a mediator Final offers The hand shake and “Memorandum of Agreement”. Ratification and debriefing constituents Impasse, implementation, strike, lockout or work without a contract.

Bargaining Approaches Traditional Position Bargaining Low ball Counter propose Horse trade Interest Based Bargaining “My problem is….help me find a way” “If we do it this way….I win to” What Works?