WelcomeNegotiating

Skills Workshop

Tutor Gary Hosgood

Introductions

Name

Workplace

Previous T.U courses

Neg exp?

Aims and objectives

U.NILO 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

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.

Voluntary frameworkProcedural & Substantive

ProceduralGrievance and discipline policies

Consultation and Information

 

Substantive

Pay

Hours

Pensions

Holidays

Sick pay

Pre-negotiation stage Establish a

‘Pay Talks Protocol’Joint statement of objectives

Format and discipline of the negotiatorsTimings

Disclosure of information for bargaining Negotiating ground rules

Bargaining scope and rangeJoint communications

Reporting back process Decision making arrangements

Joint ownership of agreements (monitor and review)

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’

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.

NegotiatingAn 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

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?

Bargaining Scope Recognition agreement

Collective bargaining Units – level and scope

Pay and conditions

Consultation and Information

Time off arrangements

Equal Opportunities

Appraisals

Bargaining Scope continue

Recruitment, selection and promotion

Grievance and discipline policies

Redundancy

HR Planning

Training and development

Health, safety and environment

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

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

Proposingstage 2

Proposing

An opening offer or claim is made (usually

conditional) if we except ‘a’ will you consider

‘b’? ‘Convergence’

stage 3

Exchanging and agreeing

(trade off)

If your side agrees to ‘a’?

Then we will agree to ‘b’

Final Agreementstage 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.

Adjournments

Frequent adjournments can be disruptive and may suggest a lack of cohesion or co-ordination

Time-scale must be realistic – stick to it!

Uses of adjournments include:

To consult privately when there is disagreementsTo discuss a new argumentTo evaluate progressTo allow for wider consultationsTo accept or reject an offerTo re-group or to restTo allow a cooling off periodTo break off negotiationTo afford an opportunity for ‘off-the-record’ communications

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