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The Negotiating Process. “Bargaining in Good Faith” Meet and confer at reasonable times and places. Reasonable authority to negotiate Open mind to consider proposals Union’s exclusive right to bargain - no direct dealing. Dilatory tactics. “Bargaining in Good Faith”. Surface Bargaining

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the negotiating process
The Negotiating Process

“Bargaining in Good Faith”

  • Meet and confer at reasonable times and places.
  • Reasonable authority to negotiate
  • Open mind to consider proposals
  • Union’s exclusive right to bargain - no direct dealing.
  • Dilatory tactics.
bargaining in good faith
“Bargaining in Good Faith”
  • Surface Bargaining
  • “Take it or leave it”
  • Requirement to provide relevant information
  • Poverty pleas
  • Not required to make concessions
  • Anti-union animus
  • Totality of the circumstances and bargaining record
bargaining in good faith3
“Bargaining in Good Faith”

Legal Categories of Bargaining Issues

  • Mandatory

“You must talk to me”

  • Permissive

“Please talk to me”

  • Prohibited

“I can’t talk to you”

the bargaining process a mating ritual
The Bargaining ProcessA Mating Ritual

“Lets Do Lunch”

  • My place, your place or somewhere exotic.
  • Convenience, cost, comfort, and distractions.
  • Close to constituents.
  • Early vs late stages.

“What’s a Good Time For You”

  • Early starts on tough issues.
  • Bargaining against the deadline.
  • How long to ratify
  • Do you tell the FMCS
lets dance
Lets Dance

The First Session

  • Procedural Matters - Rules of the Road
    • When, where, how often to meet
    • Confidentiality
    • Tentative agreements
    • Notes and minutes

“Will You Lead or Shall I”

    • Union proposals (in writing)
    • Management proposals
    • Number and purposes of demands

“Lets Rest - (and let me prepare my lines)

    • Last chance for research and planning
back to the dance floor
Back to the Dance Floor

The Middle Game

  • Sequence of Issues
    • Whose draft to work from?
    • Minor or major issues first?
    • Contract items vs economics
  • Narrowing the Issues
last dance
“Last Dance”

The End Game “Lets Spend the Night”

  • Do we want a mediator
  • Final offers
  • The hand shake and “Memorandum of Agreement”.
  • Ratification and debriefing constituents
  • Impasse, implementation, strike, lockout or work without a contract.
bargaining approaches
Bargaining Approaches

Traditional Position Bargaining

  • Low ball
  • Counter propose
  • Horse trade

Interest Based Bargaining

  • “My problem is….help me find a way”
  • “If we do it this way….I win to”

What Works?

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