Collective Bargaining

Overview, Philosophy and Strategy

Collectivism

term used to describe: moral, political, or social outlook, which stresses human interdependence and the importance of a collective, rather than the importance of separate individuals

Collectivists focus on community and society, and seek to give priority to group goals over individual goals

Collectivism in Economics

holds that things should be owned by the group and used for the benefit of all rather than being owned by individuals.

Collective Bargaining Definition

Collective bargaining is the process through which representatives of management and the union meet to negotiate labor agreements.

This will contain agreements on specific provisions covering wages, hours and working conditions.

Collective Bargaining

consists of negotiations between an employer and a group of employees so as to determine the conditions of employment

The result of collective bargaining

procedures is a collective agreement

Collective Bargaining Employees are often represented in

bargaining by a union or other labor organization The result of collective bargaining procedures is a collective agreement

governed by federal and state statutory laws, administrative agency regulations, and judicial decisions (where federal and state law overlap, state laws are preempted. See, U.S. Constitution, Art. VI)

Collective Bargaining Collective bargaining is a process of

negotiating a labor agreements including the use of economic (and other) pressures by both parties.

Negotiating a labor agreement often entails long hours of extensive maneuvering and the development of bargaining strategies.

Negotiations is only one part of the collective process.

Collective Bargaining

the most visible and public activity in the relationship between school committee and teachers

Kaboolian, 2005

Identify the “Main Thing”

Student Achievement (Contract flexibility to enable adjustment as understanding of student achievement evolves

Student Achievement

If its not in the contract it doesn’t count

Negotiation=Problem Solving not Conflict

Common Interests: Teachers want good schools too

Steps of Performing Collective Bargaining

Prepare for negotiations Develop strategies Conduct negotiations Formalize agreement

First: Prepare for Negotiations

1. Gather data Internal data relating to personnel e.g. disciplinary

actions, transfers and promotions, layoffs, overtime………………..etc.

Data obtained from similar entities and government publications

2. Form bargaining team Normally, each side will have four or six

representatives at the negotiating table. Many negotiators over a period of time, acquire the

ability to read their opponents mind to anticipate actions and reactions.

Second: Developing Strategy1. Develop management proposals and limit of

concession (what are the “edges” to which you can agree

2. Consider the “other side’s” goals, motivations and pressure points

3. Prepare for the worst: what if no agreement can be achieved?

Negotiators should develop a written plan covering the bargaining strategy. The plan should consider the proposals which you are likely to consider, based on the most recent agreement with other employers and the issues that remained unsatisfied from previous negotiations.

Strategy Continued Certain elements of strategy are common

to both the employer and the union. The initial proposals presented by each side

are greater than those it actually may hope to achieve. This is done in order to provide room for concessions.

Moreover, each party will usually avoid giving up the maximum it is capable of conceding in order to allow for further concessions than may be needed to break bargaining deadlock.

Third. Conduct Negotiations

1. Bargain in good faith2. Analyze proposals.3. Resolve proposals.4. Stay within bargaining zone.5. In today’s competitive and complex

bargaining environment, resolving differences and promoting cooperation require an analytically grounded process and high levels of problem solving skills.

Bargaining in Good Faith The employer is obliged to negotiate in good

faith with the union’s representatives over conditions of employment.

Good faith requires the employer’s negotiators to meet with the union counterpart at a reasonable time and place to discuss the conditions.

It requires also that the proposals submitted by each party be realistic. in discussing the other party’s proposals, each side must offer reasonable counterproposals for it is willing to accept.

Bad Faith Bargaining

1. Refusing to discuss or consider mandatory subject of bargaining.

2. Using delaying tactics as frequent postponements of bargaining sessions.

3. Withdrawing concessions previously granted.

4. Unilaterally changing bargaining topics.

5. Negotiating with individual employees/management other than unit representatives.

Formalize Agreement

Clarify contract language:when bargaining proposals are finally agreed upon, they must be reduced to clear and unambiguous contract wording.

Ratify agreement:

Interest Based Bargaining

Focus on interests rather than positions

Are interests shared or complementary

Salary Benchmarking

Use referent districts rather than negotiating cost of living increase

Contract Waivers and Overrides

Contract includes language to enable temporary adjustments

Memorandum of Understanding

Thin Contracts

Salary, Benefits negotiated at district level

Instructional agreements made at the school level

Living Contracts

Allows for adjustments

e.g. state regulations change and conflict with contract terms