1. 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.

2. “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

3. “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”

4. 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

5. 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

6. 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

7. 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.

8. 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?