1. Getting Results in Collective Bargaining

2. DISCLAIMER
One can never feel that he or she has mastered collective bargaining strategy and tactics, no matter how many contracts have been negotiated.
Charles S. Loughran, Negotiating a Labor Contract (3rd Ed. 2003)

3. ‘This is my final offer’ is regarded as the most common lie told by negotiators.
Current negotiation literature accepts that some form of deception is in fact a necessary part of the bargaining process.

4. How do you define collective bargaining?
Is bargaining a noun or a verb or both?

5. Definition of Collective:
Done by people working as a group.
A cooperative enterprise.
Marked by similarity among or with the members of a group.
Shared or assumed by all members of a group.
A collective body.

6. Definition of Bargaining:
Verb:
Negotiate the terms and conditions of a transaction.
Part with something after negotiations but get little in return.
Be prepared for; expect
Noun:
An advantageous purchase, especially one acquired at less than the usual cost.
An agreement between parties settling what each shall give and take or perform and receive
in a transaction.
Such an agreement affecting one of the parties.

7. What do we collectively bargain?
Mandatory subjects, broadly speaking, relate to wages, hours, pensions, healthcare and working conditions. Employers cannot refuse to bargain over these subjects, and negotiations may continue to the point of mediation or strike.
Permissive subjects are non-mandatory subjects of bargaining, meaning employers are not required to bargain over them. Board policy is an example of permissive language.

8. Are Relationships Important in Collective Bargaining?
{Best way to uncover your counterpart’s hidden interests} Build a relationship in negotiation by asking questions, then listening carefully.

9. The relationship process begins by understanding two common principles:
We come to the table with different perspectives but our ultimate objectives are actually similar.
We “agree to disagree” and that is what makes the collective bargaining process healthy.

10. How do you determine the Union’s Interests?
Ask directly what the union interests are on a particular issue.
Understand what your interests are and be willing to share.

11. Remove the people – Insert the Interest
How do you separate the people from the interests?
Is the issue or the personalities the problem?
Does everyone have an interest in an issue?

12. “Negotiations produce relationship outcomes”
Theories: Walton and McKersie Theory (A Behavioral Theory of Labor Negotiations-1965)
“Cannot be fully effective if management continues to regard the union as an alien outside force”
Their approach to is to examine collective bargaining as a process rather than a structure.
Two subprocesses at the table:
Integrative Bargaining: Both sides search for solutions that would increase the size of the pie.
Distributive Bargaining: The parties bargain over division of a particular pie, and one party’s gain is a direct
loss for the opponent.
Two subprocesses away from the table:
Attitudinal Structuring: The parties efforts, intended or unintended, to shape their opponents behaviors.
Intraorginzational Bargaining: The internal negotiations that occur within the respective organizations.
“Negotiations produce relationship outcomes”

13. How does the process look?

14. Three key elements to enhancing the process!!!
Feelings, Forgiveness and Accountability

15. TAKE ACCOUNTABILITY FOR YOUR PEOPLE#1
The process is more art than science.
Control and take charge of those 2%’s who are intent on derailing the process.
The key to improving labor relations is to remember that you are dealing with and always treat everyone involved respectfully.
4. Master your “human skills”.

16. error is fixed, so be it...but keep a level head and be patient. #2
Because the people involved in the bargaining process are human, mistakes may be made. Trust that they are
legitimate mistakes (unless they are repeatedly made even after drawing attention to them) and let them go !!!
1. Give the other person/s the benefit of the doubt.
2. Call attention to the error and ask that the error be corrected. If you are unable to progress further until the
error is fixed, so be it...but keep a level head and be patient.
3. Let them go.

17. Help them feel and be seen as successful
Work hard to help them communicate a strong message to their membership.
Help them walk away feeling like they worked hard to get their members voice in the room.
a. For many of us, the hardest thing when this occurs is to understand that it isn't about us,
but about them. It isn't about harming us but rather about taking them closer to having their
perceived needs met.
b. When you communicate with the other side, always speak directly, openly, and honestly.
Small wins can lead to huge benefits. #3

18. (It’s all about timing)
Closing the deal!!!!!!
(It’s all about timing)

19. Know When Unions Settle
When they get all they demand
When they are convinced that they will get no more

20. Bring Negotiations To The End
Do the necessary preparation
Develop a game plan
Do the dance
Side bar meetings
Packaging proposals
Importance of “Saving Face”
Proper timing
“sixth sense” and other signals

21. When To Make A Final Offer
1. Union’s settlement offer is within management’s acceptable limits; or
2. The positions of the parties are so close that:
a final offer will be predictably acceptable to the Union; or
the Union is not likely to strike over the difference.

22. Applying Pressure To Settle
Pressure with deadlines –“Sticks” and “carrots”
“Take it or leave it” - Breaking off negotiations
Strike preparations
Be prepared for strike / work actions
Continuing operations and employee replacements
“Meeting of the minds”
Put tentative agreements in writing

23. Recognizing and learning from your mistakes!!!!!!!!!
Why Negotiations Fail?
Recognizing and learning from your mistakes!!!!!!!!!

24. Not Understanding the Importance of the Big Picture from Day #1
Failing to prepare.
Not building relationships. (build trust)
Being afraid to offend. (difference between arguing and negotiating)
Not listening (use active and empathetic listening skills)
Knowing your “BATNA” (best alternative to a negotiated agreement)

25. 11 Fatal Mistakes in Negotiations
Caring too much ( treat the process as a game and know when to walk away)
Assuming something is non-negotiable ( everything is negotiable)
Being fixated on money (typically only one aspect of the process)
Trying to “win” (best outcome is both sides leave the table feeling like they gained something)
Giving an ultimatum (difference between a deadline and an ultimatum)

26. 6. Letting your emotions get the best of you.
7. Misinterpretation of position. (clearly understand exactly what they want, leave no questions unanswered)
8. Didn’t do the research.
9. Not going directly to the source.
10. Not understanding your position of leverage
11. Not listening