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Negotiation of the Collective Bargaining Agreement

Negotiation of the Collective Bargaining Agreement. Class 1. Review. Concept of Improper Practices Particularly watch out for duty to bargain Careful of anti-union behavior Choice of union representation by majority vote Duty of Fair Representation Union must represent everyone in the unit

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Negotiation of the Collective Bargaining Agreement

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  1. Negotiation of the Collective Bargaining Agreement Class 1

  2. Review • Concept of Improper Practices • Particularly watch out for duty to bargain • Careful of anti-union behavior • Choice of union representation by majority vote • Duty of Fair Representation • Union must represent everyone in the unit • Employer must not try to deal with them individually • Bargaining Units • District may have input about new units • Issues for the District to consider

  3. Today – Planning for Negotiation • Determining Goals and Priorities • Who will be on the negotiation team? • Gathering information • Calculating costs • Watch out for unintended consequences, e.g. behavioral changes

  4. I. Determining Goals and Priorities • Examine the existing collective bargaining agreement • Where do goals come from? • Remember limits of what can be accomplished • Note differences in perspective

  5. II. Who is on the Negotiating Team? • Who is the chief spokesperson? • Will Superintendent be at the table? • Will there be Board of Education members at the table? • Will the Business Officer be at the table? • Role for Principals?

  6. III. Gathering Information • What kinds of information do we need? • Comparative Information • Cost Information (see below) • Legal Information • Where can we find it? • Internal sources • External sources

  7. IV. Calculating Costs • What kinds of costs (and savings) do we need to calculate? • Pay • Health insurance

  8. IV. Calculating Costs Programs designed to produce behavioral changes • Health insurance buyouts • Early retirement incentives • Sick day conversions

  9. V. Unintended Consequences • Will holding the line on pay or a concession on health insurance make it harder to recruit and hold employees? • Will a saving have a serious deleterious effect on morale?

  10. Administrative • Hand out Murphy reading

  11. Case D – Bargaining Dispute at the MacIntosh School District • Additional Questions for you as District Representatives • How can you present your issues as to make the Association understand and appreciate them? • How can you alter your positions so as to be more persuasive? • How can you try to understand and appreciate the Association’s issues better? • How can misunderstandings like the one from the previous round of negotiation be avoided in the future?

  12. Next Time • Continue Topic of Negotiation • Finish Readings on that Topic (not in text) • Hebdon and Stern • Partridge

  13. Negotiation of the Collective Bargaining Agreement Class 2

  14. Review – Preparing for Negotiations • Setting goals and priorities • Deciding who speaks for your side • Gathering information • Calculating costs • Watching out for unintended consequences, especially behavioral changes

  15. Today • Teachers on Strike • Interest-based Negotiations • Educational Collective Bargaining and Work Rules

  16. I. Teachers on Strike • Teacher strikes in New York State have become quite rare • Quite common in 1970s and 1980s • What was it like for teachers to be on strike – Professor Cathy Leogrande

  17. I. Teachers on Strike • Arguments against the right to strike for teachers • Arguments in favor of the right to strike for teachers • Hebdon and Stern – what kinds of legislation gives rise to more strikes? • Partridge – what kinds of legislation gives rise to more strikes?

  18. II. Interest-based Negotiations • Based on Fisher and Ury – Getting to Yes • Try to focus on interests, not positions • Try not to personalize the dispute • Try to create options for mutual gain • Try to agree on standards to judge the options

  19. III. Educational Collective Bargaining and Work Rules • Hill - Local school boards have given unions control over teacher placements, performance evaluations, working conditions and work assignments and tied principals’ hands • Hill - Disadvantaged students and schools lose the most from teacher collective bargaining • Hill - Teacher pay may increase by much more than announced rate of increase due to steps

  20. III. Educational Collective Bargaining and Work Rules • Hess and Kelly - Contracts usually not as restrictive as critics suggest but administrators often don’t use the flexibility they have • Hess and Kelly - Some administrators and Boards use contract language as an excuse for inaction

  21. Administrative • Organize the negotiation Exercise • The case materials you need to do the negotiation are already available on the course web site • Fact Finding case but you’ll be negotiating • Everyone should look at both the Association and the District materials

  22. Case Today • The Chatswood CSD and Chatswood Teachers Negotiations • If you were the District, how would you try to persuade the Association here? • If you were the Association, how would you try to persuade the District here?

  23. Next Time • Next Class – Mediation and Fact Finding • Reading – on reserve • McKelvey • Karper

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