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Collective Bargaining
Overview, Philosophy and Strategy
Collectivism
term used to describe: moral, political, or social outlook, which stresses human interdependence and the importance of a collective, rather than the importance of separate individuals
Collectivists focus on community and society, and seek to give priority to group goals over individual goals
Collectivism in Economics
holds that things should be owned by the group and used for the benefit of all rather than being owned by individuals.
Collective Bargaining Definition
Collective bargaining is the process through which representatives of management and the union meet to negotiate labor agreements.
This will contain agreements on specific provisions covering wages, hours and working conditions.
Collective Bargaining
consists of negotiations between an employer and a group of employees so as to determine the conditions of employment
The result of collective bargaining
procedures is a collective agreement
Collective Bargaining Employees are often represented in
bargaining by a union or other labor organization The result of collective bargaining procedures is a collective agreement
governed by federal and state statutory laws, administrative agency regulations, and judicial decisions (where federal and state law overlap, state laws are preempted. See, U.S. Constitution, Art. VI)
Collective Bargaining Collective bargaining is a process of
negotiating a labor agreements including the use of economic (and other) pressures by both parties.
Negotiating a labor agreement often entails long hours of extensive maneuvering and the development of bargaining strategies.
Negotiations is only one part of the collective process.
Collective Bargaining
the most visible and public activity in the relationship between school committee and teachers
Kaboolian, 2005
Identify the “Main Thing”
Student Achievement (Contract flexibility to enable adjustment as understanding of student achievement evolves
Student Achievement
If its not in the contract it doesn’t count
Negotiation=Problem Solving not Conflict
Common Interests: Teachers want good schools too
Steps of Performing Collective Bargaining
Prepare for negotiations Develop strategies Conduct negotiations Formalize agreement
First: Prepare for Negotiations
1. Gather data Internal data relating to personnel e.g. disciplinary
actions, transfers and promotions, layoffs, overtime………………..etc.
Data obtained from similar entities and government publications
2. Form bargaining team Normally, each side will have four or six
representatives at the negotiating table. Many negotiators over a period of time, acquire the
ability to read their opponents mind to anticipate actions and reactions.
Second: Developing Strategy1. Develop management proposals and limit of
concession (what are the “edges” to which you can agree
2. Consider the “other side’s” goals, motivations and pressure points
3. Prepare for the worst: what if no agreement can be achieved?
Negotiators should develop a written plan covering the bargaining strategy. The plan should consider the proposals which you are likely to consider, based on the most recent agreement with other employers and the issues that remained unsatisfied from previous negotiations.
Strategy Continued Certain elements of strategy are common
to both the employer and the union. The initial proposals presented by each side
are greater than those it actually may hope to achieve. This is done in order to provide room for concessions.
Moreover, each party will usually avoid giving up the maximum it is capable of conceding in order to allow for further concessions than may be needed to break bargaining deadlock.
Third. Conduct Negotiations
1. Bargain in good faith2. Analyze proposals.3. Resolve proposals.4. Stay within bargaining zone.5. In today’s competitive and complex
bargaining environment, resolving differences and promoting cooperation require an analytically grounded process and high levels of problem solving skills.
Bargaining in Good Faith The employer is obliged to negotiate in good
faith with the union’s representatives over conditions of employment.
Good faith requires the employer’s negotiators to meet with the union counterpart at a reasonable time and place to discuss the conditions.
It requires also that the proposals submitted by each party be realistic. in discussing the other party’s proposals, each side must offer reasonable counterproposals for it is willing to accept.
Bad Faith Bargaining
1. Refusing to discuss or consider mandatory subject of bargaining.
2. Using delaying tactics as frequent postponements of bargaining sessions.
3. Withdrawing concessions previously granted.
4. Unilaterally changing bargaining topics.
5. Negotiating with individual employees/management other than unit representatives.
Formalize Agreement
Clarify contract language:when bargaining proposals are finally agreed upon, they must be reduced to clear and unambiguous contract wording.
Ratify agreement:
Interest Based Bargaining
Focus on interests rather than positions
Are interests shared or complementary
Salary Benchmarking
Use referent districts rather than negotiating cost of living increase
Contract Waivers and Overrides
Contract includes language to enable temporary adjustments
Memorandum of Understanding
Thin Contracts
Salary, Benefits negotiated at district level
Instructional agreements made at the school level
Living Contracts
Allows for adjustments
e.g. state regulations change and conflict with contract terms