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The Negotiating Process

The Negotiating Process. “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

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The Negotiating Process

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  1. The Negotiating Process “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 ProcessA 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 The Middle Game • Sequence of Issues • Whose draft to work from? • Minor or major issues first? • Contract items vs economics • Narrowing the Issues

  7. “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?

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