The Negotiating Process

1
The Negotiating Process

• In determining whether the parties are
  bargaining in good faith, the NLRB relies on
  its totality-of-conduct concept rather than
  looking at individual actions.

2
Bargaining in Good Faith

• Among the factors the Board examines as part of
  this totality of conduct are
• Willingness to meet and confer at reasonable
• times, and places.
• Reasonable authority to negotiate.
• Rejection of the other sides proposals
• without extension of counterproposal.

3
Bargaining in Good Faith

• Open mind to consider proposals.
• Recognition of unions exclusive right to
• bargain - no direct dealing.
• Dilatory tactics.
• Surface bargaining.
• Take it or leave it offers.
• Requirement to provide relevant information.
• Poverty pleas.
• Anti-union animus.

4
Bargaining in Good Faith

• Legal Categories of Bargaining Issues
• Mandatory
• You must talk to me
• Permissive
• Please talk to me
• Prohibited
• I cant talk to you

5
The Bargaining Procedures

• Before bargaining over substance can begin, the
  parties must agree on a mutually acceptable
  bargaining procedure.
• The following can be classified as procedural
  issues

6
Bargaining Location

• One of three places
• Yours, Theirs, or Somewhere else.
• Free from disruption, and fully furnished
• with chairs, tables, blackboard, chalk,
• paper, water, coffee, and good lighting.
• Accessible at all hours, close to food and
• refreshments, and adjoining caucus
• rooms for both sides.

7
Agenda Sequence

• The typical approach for the parties is to
  negotiate over minor issues first.
• The rational being that it is difficult to
  resolve minor issues if they are left for the
  later stages of negotiations.

8
Authority to Make Firm Commitments

• Under the law (NLRA), the negotiators on both
  sides must have the authority to make firm
  commitments on behalf of the principles.
• This notwithstanding, the authority of
  negotiators varies considerably, and it is
  advisable to define the authority of both sides
  at the outset, reducing potential
  misinterpretations later.

9
Working Drafts

• In some bargaining situations, the parties
  exchange draft agreements.
• This presents a procedural question as to whether
  to negotiate from the union draft, the employer
  draft, or the existing agreement.

10
Procedures During Negotiations

• The parties should establish a schedule and
  duration of negotiating sessions.
• Time out for caucuses should be arranged, and
  some understanding needs to be established with
  regard to recordkeeping.
• Some understanding should also be reached with
  regard to confidentiality.

11
Stages of the Negotiating ProcessThe Opening

• Characterized by the first meeting or set of
  meetings.
• Typically the union presents all of its demands.
• The next meeting or set of meetings is where
  management presents it own initial response to
  the union and submits its own demands.

12
Stages of the Negotiating ProcessThe Opening

• It is in the opening that the limits of any
  potential collective bargaining outcome are set
  by the parties.
• It is considered a faux pas in the negotiation
  arena to bring up completely new issues after
  this point in the process.
• The number of proposals typically submitted by
  the union at the bargaining table can vary from a
  few to a few hundred.

13
Stages of the Negotiating ProcessThe Settling-In

• Characterized by a full discussion of each issue.
• Detailed analysis of industry wage trends, local
  wage trend, and national price trends as well as
  any other supportive materials.
• During this stage of negotiation, both sides try
  to resolve issues on which agreement can be
  reached easily.

14
Stages of the Negotiating ProcessThe
Consolidation

• Characterized by a fuller elaboration of
  positions by each side.
• At this point we begin to see movement on some
  issues as each side begins to offer concessions
  to the other side.
• We begin to see tradeoffs of small items, and the
  being of the discussion of the economic package
  (wages and benefits).

15
Stages of the Negotiating ProcessThe
Consolidation

• By the conclusion of this stage, most of the less
  important items or the more easily settled issues
  are taken-off the bargaining table either through
  agreement or abandonment.
• At this point each side has a general feeling
  about the oppositions true priorities.

16
Stages of the Negotiating ProcessThe Finalization

• There are only a few items left on the table and
  they are important to both sides.
• Generally, the finalization stage is accompanied
  by a change from what we might call more normal
  bargaining environment to one of crisis
  bargaining.

17
Stages of the Negotiating ProcessThe Finalization

• Crisis bargaining is characterized as much as
  anything by the behavior of the parties. That
  is, they recognize that there is a fast
  approaching time limit, so they bargain much more
  intensely, meeting on a daily basis and for
  longer periods of time.

18
Basic Negotiation Concepts and Techniques

• Every negotiating team should formulate a total
  plan of action,
• and
• Attempt to satisfy the need of it own
  constituencies.

19
Mutual Gains(Integrative)Bargaining

• It has been suggested that Compromise means a
  giving up of something,
• whereas
• Integration implies an attempt to satisfy the
  needs of both sides.

20
Mutual Gains(Integrative)Bargaining

• The philosophy of integrative bargaining stresses
  a participate working relationship between labor
  and management and a joint problem-solving
  approach to collective bargaining.

21
Win-Win(Principled)Bargaining

• Another form of MGB through which objective
  sources are sought to settle disagreements on
  mutually agreeable terms without the necessity of
  one sides losing face.

22
Win-Win(Principled)Bargaining

• Negotiations are viewed as problem solving
  sessions. The emphasis in bargaining is on each
  partys interests rather than their positions.

23
Win-Win(Principled)Bargaining

• There are no ideal bargaining models or processes
  that would be appropriate for all bargaining
  parties.
• There is no paradigms that would work well in all
  organizations.

24
Win-Win(Principled)Bargaining

• In the final analysis, the parties must be
  eclectic in deciding which bargaining approach
  would work best in their particular circumstances.