1. Welcome
Negotiating
Skills Workshop
Tutor Gary Hosgood

2. Introductions Name Workplace Previous T.U courses Neg exp?
Aims and objectives

3. U.N ILO Right to Organize and to Bargain Collectively Convention, 1949 (No. 98) Article 4  
Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements

4. In June 2007 the Supreme Court of Canada extensively reviewed the rationale for considering collective bargaining to be a human right. In the case of Facilities Subsector Bargaining Assn. v. British Columbia, the Court made the following observations:
·The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work.
·  Collective bargaining is not simply an instrument for pursuing external ends…rather [it] is intrinsically valuable as an experience in self-government.
·  Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.

5. Voluntary framework Procedural & Substantive
Grievance and discipline policies
Consultation and Information

6. Substantive
Pay
Hours
Pensions
Holidays
Sick pay

7. Pre-negotiation stage Establish a ‘Pay Talks Protocol’
Joint statement of objectives
Format and discipline of the negotiators
Timings
Disclosure of information for bargaining
Negotiating ground rules
Bargaining scope and range
Joint communications
Reporting back process
Decision making arrangements
Joint ownership of agreements (monitor and review)

8. Negotiating Skills
Negotiation is defined as ‘a process for resolving conflict between two parties whereby both modify their demands to achieve a mutually acceptable compromise’

9. Negotiating
Both parties are then jointly responsible for the mutually agreed decisions.
Each side must achieve something in the negotiation, which enables it to keep face with those whom it represents.

10. Negotiating
An effective negotiation is therefore where both sides consider that the agreement on balance is fair, with both sides making concessions from their original positions
The behaviour contexts of negotiation are important in determining the climate of bargaining. E.G Personalities - The interests which they represent

11. Agreements - Questions that must be addressed:
Why are we entering, or seeking to enter into, this agreement?
What do we want out of it?
What do they want out of it?
What do we want from them?
What do they want from us?
Is this reasonable? Is this compatible?
What contribution does the approach make to effective performance?
What are the problems and pitfalls inherent?

12. Bargaining Scope Recognition agreement
Collective bargaining Units – level and scope
Pay and conditions
Consultation and Information
Time off arrangements
Equal Opportunities
Appraisals

13. Bargaining Scope continue
Recruitment, selection and promotion
Grievance and discipline policies
Redundancy
HR Planning
Training and development
Health, safety and environment

14. Negotiating Process
Objective-setting – Bargaining range- ISP, RSP, FBP
Preparing - Identifying, collecting and deciding how to use information.
Format - Establish jointly the format and time-scale for the meetings.
Team work - Lead negotiator, observer, note-taker/recorder

15. Negotiating Process stage 1
Bargaining- Arguing
Each side makes opening statements and the arguments underpinning them – ISP (requires intense listening for all parties).
Question, Clarify (non- committal)
Adjourn if necessary
Challenge – set down makers “we will never agree to that”
Use risk free statements – “if we were to agree to that what if…”
Look for concessions and movement

16. Proposing stage 2 Proposing An opening offer or claim is made (usually
conditional) if we except ‘a’ will you consider
‘b’? ‘Convergence’

17. stage 3 Exchanging and agreeing (trade off)
If your side agrees to ‘a’?
Then we will agree to ‘b’

18. Final Agreement stage 4
Never agree until members/colleagues have given you authority.
Must be recorded in full detail as to what has and has not been agreed. Signed by both parties.

19. Adjournments
Frequent adjournments can be disruptive and may suggest a lack of cohesion or co-ordination
Time-scale must be realistic – stick to it!

20. Uses of adjournments include:
To consult privately when there is disagreements
To discuss a new argument
To evaluate progress
To allow for wider consultations
To accept or reject an offer
To re-group or to rest
To allow a cooling off period
To break off negotiation
To afford an opportunity for ‘off-the-record’ communications

21. Creative Approach to Negotiations
Argument over an orange.
The most obvious approach was to simply cut it in half, each person getting a fair share. But, when the negotiators began talking to each other, exchanging information about their interests, a better solution to the problem became obvious.
The person wanting the orange for juice for breakfast took that part and the person wanting the rind for making marmalade took that part.
Both sides ended up with more. Neither agreement is particularly creative. The parable of the orange becomes a story about creativity when both parties decide to cooperate in planting an orange tree or even an orchard