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OVERCOMING THE PITFALLSOF BARGAINING

2013 NFN Labor Academy

Amy HauschildLorraine Seidel

Objectives

At the conclusion of this presentation, participants will be able to: 1. Describe five common pitfalls we may

face in the negotiating process 2. Describe seven offensive strategies for

responding to employers who refuse to bargain in good faith

Ideally…..

“Nurses should never have to join a union”

AGREE OR DISAGREE?

Remember your most recent negotiations

when…. The negotiating process was ideal?

Nurses were respected !!

Nurses were equal players !!

Nurses’ concerns were met with welcoming interest !

Management was eager to agree to Nurses proposals!

Contracts were settled stress free!!!

Right

It’s not the 80’s anymore

The 80’s brought union shops The 80’s provided annual increases in excess

of 14% Union busters were not yet a budget line for

employers Patient care actually mattered to some

IBB or IBS?

Times have changed

Economy

Affordable Care Act

Anti-worker sentiment

1% Greed accelerates

Rough Times Call for Unity & Strength

When the ideal doesn’t work Workers are on the defense There is a need to move to the OFFENSE if

we are going to win strong contracts!

What is Offensive Bargaining?

Bargaining with the full force and effect of every assertive and courageous act and strategy we have at our disposal collectively

Refusing an attitude of concession

Some Common Pitfalls

Five Common Pitfalls That Can Occur in the Negotiating

Process

Pitfall # 1Our Negotiating Committee May Not

Be Fully Prepared

What happens?

OFFENSIVE BARGAINING STRATEGY # 1

Provide Negotiating Committee Boot Camp

NC Boot Camp is an educational process of training and development of bargaining skills, strategic thinking, short and long term goals.

Boot Camp Achievements: Knowing the Goal Leading the Role Reading the Signals Moving the Strategy Seeing the Deal Seizing the Moment

Pitfall # 2

We May Not Have Completed our Research

What happens?

OFFENSIVE BARGAINING STRATEGY # 2

Do Foundational Bargaining Research

Research should always include: Examination of Hospital Funding & Finances Examination of Hospital Governance & Structure Investigation of BOD and other principles (law firm, consultants) Analysis of Bargaining history and mid-term issues Consultation with members as to priorities Analysis of other contracts within the System and identification

of all precedents and potential of one’s proposals to either augment or damage precedent

Collaboration with other unions within the System Costing out the Proposals

Pitfall # 3

We Don’t Have an Offensive Game Plan

What happens?

OFFENSIVE BARGAINING STRATEGY # 3

Develop a Plan that is Grounded in Strength

The absence of an offensive bargaining plan will leave the negotiators powerless

Approaching the campaign from a position of strength and offensive strategy will encourage/empower Members, unsettle Management and level the playing field

Pitfall # 4

We Haven’t Fully Engaged Our Supporters

What happens?

OFFENSIVE BARGAINING STRATEGY # 4

Enlist the Members & Engage the Community

The Negotiators are not the power base The Members will drive the success or failure of a

comprehensive contract campaign Un-enlisted Members are untapped capacity Community drives the revenue Community builds the pressureA Campaign with member and community support is

ALWAYS a campaign !

Pitfall # 5

We are Fearful of Being Fearless

What happens?

OFFENSIVE BARGAINING STRATEGY # 5

Face Fear Head On

The fear of being fearless is toxic and paralyzing The failure of the negotiation can be in direct proportion to the

degree of fear that is visible to Management The success of the bargaining campaign will be in direct

proportion to the degree of courage that is visible to Management. Courage is not the absence of fear but the ability to act in its presence.

Fearless is a form of resilience, that prevails in adversity. Fearless is acting as though one is unaware of danger, if only for the moment.

Offensive Bargaining Strategies

Seven More Offensive Bargaining Strategies For Responding To Employers

Who Refuse to Bargain in Good Faith

O.B. Principle # 1

Know Your Employer

Never lose sight of employer intent The more you know, the more you know,

making research work for your members The Employer is your equal at the bargaining

table, not your superior

O.B. Principle #2

Expose surface bargaining

Surface bargaining is disingenuous and can be exposed through the offensive strategy of information requests.

OB Principle # 3

Request information relentlessly

Bargain over every detail The more outrageous the employer’s proposals,

the more opportunity to expose their impracticality

Every time the union makes information requests, the employer is put at risk

OB Principle # 4

Avoid Impasse: Stay in the Weeds

Avoid impasse by bargaining over insubstantial issues .

Indicate a willingness to consider all proposals provided that all the details are worked out. Then dig in.

OB Principle # 5

Control the process

Take charge of the bargaining Set the tone on your terms in big ways and

small Escalate with confidence Set your own time table Never surrender

OB Principle # 6

Involve your members

Ask their opinions Keep them informed Give them one manageable responsibility Give them another manageable responsibility Build on their participation

OB Principle # 7

Make Everything Work in Your Favor(22 ideas to get you started)

Bargaining location Ground Rules Time your proposals Do not reject employer proposals, use them Determine what is important Piecemeal bargain the employer’s list Make the most insignificant employer proposals the

center of your attention

Reach agreement where you can Take verbatim bargaining notes and review before each session Make self-serving statements Avoid heated arguments Let the employer talk, and talk, and talk Bargain the details now, not wish you had. Consult experts, bring them to the table Bargain interim issues, including disciplines, incidents,

decisions

Caucus strategically Compel the employer to change its representatives at the table Search for inconsistencies, illegalities, contradictions in

employer’s position Mine for unfair labor practices Drop information in your Table Talks that you want employer to

know Never let them see you sweat! Have fun! You are building unity and strength in the workplace!

References

Rosenfield, D. (1995). Offensive Bargaining: Negotiating Aggressively in Contract Campaigns. National Labor College. Silver Spring, MD. George Meany Center for Labor Studies.

Seidel, L. (2008). No Cowards Here: Bargaining With Courage. Lecture. Leadership Conference. Newburgh, NY.