Unions and the collective bargaining process MIR 810 Unions and Collective Bargaining

Agenda and objectives Understand the structure of collective bargaining in Canada ◦ Institutional structure ◦ Process structure Apply the behavioural theory of negotiations to the CB process Critically assess the role of bargaining power in the negotiations process Explore innovations in labour negotiations

Structure of Collective Bargaining Single Establishment Multi Establishment Single Employer Multi Employer Single Union 1 most prevalent - 2 prevalent 5 less frequent Multi Union 3 rare - 4 rare except for railways 6 rare

CB Structure examples Community Living Oshawa Novelis (Alcan) Kingston Purolator Kingston Vale Inco Sudbury Loblaws Magna KGH (most hospitals)

Case analysis Decentralization (meat packing, foestry, textiles...) ◦ Why decentralization? (What factors?) Provincially driven centralization ◦ Ontario Hospital sector ◦ Ontario K-12 education sector CUPE initiatives ◦ How do unions force centralization?

Structural preferences Centralized bargaining structures ◦ Master agreements  Supplements, riders, and local agreements ◦ Pattern bargaining  Target firm Decentralization ◦ “Enterprise” unionism Why the preference? Implications of CB structures?

Model of CB process Preferences Union Management Environmental factors Socio-demographic factors Union & firm organizational factors Actors’ Goals + Power Negotiation process Outcomes

Negotiations process & behaviours Model of labour negotiations ZOPA (Target points, resistance points) ◦ Hicks theory of strikes BATNA ◦ What are BATNAs in labour negotiations Behavioural theory of negotiations Bargaining mix Continuous bargaining Interest Based Bargaining (Mutual Gains...)

Bargaining power Environmental factors ◦ Political / legal ◦ Economic Socio-demographic factors Organizational factors ◦ Just-in-time production Dependency theory

Bargaining stages Preparation phase ◦ Constituent mandates ◦ Research (sources?) Ground rules & opening Bi-lateral and internal processes Contract zone – Settlement or impasse Ratification Implementation

ZOPA Structure $$ $ 1 Not Acceptable to the Union 2 Not Acceptable to Management Management ‘s Preferred Outcome Union’s Preferred Outcome More $ Less $ Mgt Max Union Min 3 Potential Zone of Agreement

Negotiating sub-processes Distributive / Integrative ◦ Issues/positions/interests ◦ Information / Communication ◦ Interpersonal style ◦ Commons tactics Intra-organizational Attitudinal structuring

Beyond the table “Social field” of negotiations

Innovations in negotiations Interest Based Bargaining characteristics ◦ Focus on commonalties rather than differences ◦ Address needs and interests, not positions ◦ Commit to meeting the needs of all involved parties ◦ Exchange information and ideas ◦ Invent options for mutual gain ◦ Use objective criteria to set standards

Key steps in IBB process Identify and define the problem Understand the problem fully ◦ identify interests and needs on both sides Generate alternative solutions ◦ Brainstorming exercises Evaluate and select among alternatives

Sustainability of IBB The mixed-motive nature of most negotiating situations ◦ Purely integrative or purely distributive situations are rare  The conflict over the distributive issues tends to drive out cooperation, trust needed for finding integrative solutions Distributive defaults Relationship history and trust

Bargaining outcomes Substantive ◦ Collective agreement Relational ◦ Nature of labour-management relations