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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

“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.


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“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


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“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”


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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


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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


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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


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“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.


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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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