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APPA Business & Financial Conference September 20,2004 Session 10

APPA Business & Financial Conference September 20,2004 Session 10. Getting the Most Out Of Your Negotiations. M. Scott Milinski. Know Your Realistic Bargaining Power. Your Key Issues & objectives Your Authority at the Table Settlement Trends “Politics ”. Preparation.

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APPA Business & Financial Conference September 20,2004 Session 10

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  1. APPA Business & Financial ConferenceSeptember 20,2004Session 10 Getting the Most Out Of Your Negotiations M. Scott Milinski

  2. Know Your Realistic Bargaining Power • Your Key Issues & objectives • Your Authority at the Table • Settlement Trends • “Politics”

  3. Preparation • Wage and Benefit Comparables • Financial Costs • Meet with Policy Makers • Input from Mgrs/Supervisors

  4. Bargaining Team Roles • Chief Spokesperson • Note Taker • Operations Specialist • Observer • Mgmt Identity

  5. Ground Rules forNegotiations Gives Either Side The Advantage

  6. Location Meeting times Recording devices Size of Teams Initial Proposals (Who goes first) Order of proposals 1stNon economic 2nd Economic) Caucuses Media Tentative/Final Agreement Ground Rules

  7. Initial Proposals Get Union To Go First!

  8. Receiving Proposals • Listen and Clarify Do Not Add to the Proposal • Be Non Adversarial • Ask for Justification • Ignore Ridiculous Proposals • Identify Their Priorities

  9. Presenting Proposals • Sales Presentation • Opening Statement • Set the Tone, Send a Message • Explain and Justify Interests (Save some arguments for later) • Your Proposals are Valuable

  10. “Table Manners” • Bargaining is a “Ritual” Small leading to Important • Not Always a “Tea Party”

  11. Union Team • Union Leader is a Political Figure • Little is Gained by Making Other Side Look Bad • Treat Each Other with Respect • Caucus/Recess if Union is Abusive

  12. Your Team • Be Prepared for the Session! • Control Your Side • Planned Outburst can be Useful • Humor can be Valuable

  13. Proposals • “Good Until Close of This Session” • “Right to Return to Any Previous Position” • Package Your Proposals • Read Your Proposed Changes

  14. Counter Proposals • Get Union to Rely on Your Proposal Keep the Initiative! • Add a Concession You Make to Your Package • Note Every Concession You Make • Make Your Move After a Caucus

  15. Remember • Sign Off on Easy Proposals First Small Concessions Early • Do Not Ask for Something You Already Have • Do Not Change Contract Unless Change is Intended • “Cosmetic” Changes are Dangerous

  16. Also • Do Not make Two Moves in a Row • Ask Union for a Counter Proposal • Tentative Agreement Contingent on Final Package • Have an Impasse Strategy • Seek Legal & Technical Counsel

  17. Drafting Language • Avoid Different Terms for Same Meaning “Employee” vs. “Member” “Day” vs. “Calendar Day” • Avoid Different Meanings for Same Word Employee “Pay” vs. “Compensation” • Use Examples for Clarity • Use Language No Broader than Necessary • Be Organized (article, section, etc)

  18. Drafting Language • Use Examples for Clarity • Use Language No Broader than Necessary • Careful with “Hedge” Phrases “whenever possible” • Be Organized (article, section, etc)

  19. Concluding Negotiations • Do Not Offer Best Package Too Early • Benefit of a Deadline • Retroactivity • Re Openers • Publicizing Mgmt’s Position

  20. Union Ratification • Union Can Sell the Agreement to Its Members Better Than You • Do Not Discuss Agreement Details with The Media

  21. Wrap Up • Meet with Managers, Supervisors and Staff on Contract Changes • Organize your “Binder” • Make Notes & Observations • Begin Preparing for Next Contract Negotiations

  22. Contract Administration • You Do Not Administer the Contract • It is Bargained, But it May Not be Implemented • Staff and Line People can Give Away What You Bargained

  23. Develop Competency • Supervisors/Mgrs Must be Competent in Employee and Labor Relations • Train: Contract, Discipline, Grievances, Union Relations, etc

  24. NPELRA • Nation Public Employer Labor Relations Association (npelra.org) • Annual Training Conference April 10 – 14, 2005 Pier 66 Fort Lauderdale

  25. Master Certification in Labor Relations • Academy I Foundation of Labor Relations • Academy II Arbitration Process • Academy III Negotiation Process • Formal Paper

  26. Academy Dates • 2004 • Oct. 16 II, Phoenix, Arizona • Dec 9 II, East Lansing. Michigan • 2005 • Feb. 3-4 I & III, Minneapolis, MN • April 10 II Fort Lauderdale, FL • June I,II & III, Chicago, ILL • Sept./Oct. Northeast

  27. “Hot Topics” • Public vs. Private Sector Pay/Benefits • Pension & Health Costs • Stream Lining HR • GASB-Termination Pay • Changing Workforce • National Security

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