Please turn on your sound.Please turn on your sound.

Collective BargainingCollective Bargaining

Lisa HilbergLisa HilbergLisa RosenbeckLisa Rosenbeck

This presentation is designed This presentation is designed to:to: Review the laws pertaining to Review the laws pertaining to

collective bargaining in Michigan collective bargaining in Michigan schoolsschools

Review the terminology of Review the terminology of bargainingbargaining

Explain the collective bargaining Explain the collective bargaining processprocess

Do You Know?Do You Know?

1. What is PERA?1. What is PERA? 2. True or False: School 2. True or False: School

employees can strike. employees can strike. 3. What subjects are prohibited 3. What subjects are prohibited

during negotiations?during negotiations? 4. What subjects can be 4. What subjects can be

negotiated in a contract?negotiated in a contract? 5. What is an ULP?5. What is an ULP?

Do You Know?Do You Know? 6. Which law prohibited subjects in 6. Which law prohibited subjects in

bargaining?bargaining? 7. True or False: A job action is always 7. True or False: A job action is always

a strike.a strike. 8. True or False: The union is never at 8. True or False: The union is never at

an impasse.an impasse. 9. True or False: A past practice is as 9. True or False: A past practice is as

binding as negotiated working binding as negotiated working conditions.conditions.

10. Can an EA or ESP following MERC 10. Can an EA or ESP following MERC or PERA guidelines be be given a FOIA or PERA guidelines be be given a FOIA request, ULP or TRO before a TA? request, ULP or TRO before a TA?

Know the History of Know the History of BargainingBargaining Public Act 336 of 1947Public Act 336 of 1947

More commonly known as the Hutchinson Act of 1947More commonly known as the Hutchinson Act of 1947 Permitted public employees the right to meet and discuss Permitted public employees the right to meet and discuss

terms and conditions of employment as well as terms and conditions of employment as well as compensation and benefits.compensation and benefits.

Employers had no legal obligation to bargain with Employers had no legal obligation to bargain with employees.employees.

Prohibited strikes by employees.Prohibited strikes by employees. Consequences for striking included the following:Consequences for striking included the following:

Termination of employmentTermination of employment Conditions upon re-employment including limiting future Conditions upon re-employment including limiting future

compensationcompensation Sanctions for inciting a strike including fines and/or Sanctions for inciting a strike including fines and/or

imprisonmentimprisonment

Know the History of BargainingKnow the History of Bargaining

Public Act 379 of 1965Public Act 379 of 1965 More commonly known as Public Employment Relations Act More commonly known as Public Employment Relations Act

or PERA.or PERA. Amended the Hutchinson Act by replacing the meet and Amended the Hutchinson Act by replacing the meet and

confer language with the collective bargaining system.confer language with the collective bargaining system. Required public employers and employees to bargain in Required public employers and employees to bargain in

good faith concerning terms and conditions of employment.good faith concerning terms and conditions of employment. The language was similar to the National Labor Relations The language was similar to the National Labor Relations

Act which governs private sector labor relations.Act which governs private sector labor relations. Retained the ban on strikes, but repealed the penalties by Retained the ban on strikes, but repealed the penalties by

implementing a “discipline-discharge” provision.implementing a “discipline-discharge” provision.

Know the History of BargainingKnow the History of Bargaining

Public Act 112 of 1994Public Act 112 of 1994 Amended PERA to re-establish penalties for government Amended PERA to re-establish penalties for government

employee work stoppages.employee work stoppages. Created prohibited subjects in bargainingCreated prohibited subjects in bargaining

Start dayStart day Sub-contracting of non-instructional support servicesSub-contracting of non-instructional support services Policyholder for group insurance programsPolicyholder for group insurance programs Composition of site-based decision-making committeesComposition of site-based decision-making committees Use of volunteersUse of volunteers Experimental, pilot programs Experimental, pilot programs

Know the ABCsKnow the ABCs

EAEA - Education Association - Education Association ESP - Education Support PersonnelESP - Education Support Personnel FOIA - Freedom of Information ActFOIA - Freedom of Information Act MERC - Michigan Employment MERC - Michigan Employment

Relations CommissionRelations Commission PERA - Public Employment Relations PERA - Public Employment Relations

ActAct TA - Tentative AgreementTA - Tentative Agreement TRO - Temporary Restraining OrderTRO - Temporary Restraining Order ULP - Unfair Labor PracticeULP - Unfair Labor Practice

Know the LingoKnow the Lingo ArbitrationArbitration

Method of settling contract disputes by having an outside third Method of settling contract disputes by having an outside third party hear the grievance and render a decision.party hear the grievance and render a decision.

Bargaining TeamBargaining Team Negotiators who are at the bargaining table and actively Negotiators who are at the bargaining table and actively

involved in the negotiation process.involved in the negotiation process. CaucusCaucus

A pause in the negotiations which can be called by either party A pause in the negotiations which can be called by either party in which the parties separate to discuss an issue or prepare a in which the parties separate to discuss an issue or prepare a counter proposal.counter proposal.

Collective BargainingCollective Bargaining Process of negotiating terms and conditions of employment, Process of negotiating terms and conditions of employment,

compensation, and benefits.compensation, and benefits. Master Agreement Master Agreement

Written contract covering terms and conditions of employment Written contract covering terms and conditions of employment through the negotiation process.through the negotiation process.

Fact-FindingFact-Finding Process following mediation to settle contract disputes.Process following mediation to settle contract disputes.

FOIA RequestFOIA Request A request for information under the Freedom of Information Act.A request for information under the Freedom of Information Act.

Know the LingoKnow the Lingo ImpasseImpasse

Point reached in formal negotiations in which both parties agree that Point reached in formal negotiations in which both parties agree that they disagree. At this point the board can impose a contract.they disagree. At this point the board can impose a contract.

InjunctionInjunction Court order in whichCourt order in which a party is required to do or not do certain acts. a party is required to do or not do certain acts.

Job ActionJob Action Collective actions by a bargaining unit against an employer to show Collective actions by a bargaining unit against an employer to show

dissatisfaction in the employer’s bargaining behavior.dissatisfaction in the employer’s bargaining behavior.

Last Offer ImplementationLast Offer Implementation An offer by management before fact-finding.An offer by management before fact-finding.

LockoutLockout A stoppage of work by the employer because of a labor dispute.A stoppage of work by the employer because of a labor dispute.

MediationMediation A non-binding process in which an appointed person works between A non-binding process in which an appointed person works between

both parties in a contract dispute.both parties in a contract dispute. MediatorMediator

Person employed by the state and appointed by MERC to help settle Person employed by the state and appointed by MERC to help settle contract disputes.contract disputes.

Know the LingoKnow the Lingo MERCMERC

State commission that primarily determines union representation, interprets and State commission that primarily determines union representation, interprets and applies law concerning unfair labor practices, and offers mediation services.applies law concerning unfair labor practices, and offers mediation services.

NegotiationsNegotiations Process by which management and union representatives bargain to set Process by which management and union representatives bargain to set

working conditions, compensation, benefits, and can also be used for working conditions, compensation, benefits, and can also be used for grievances.grievances.

Past PracticePast Practice Practices that are not specifically identified or written in a contract, but are Practices that are not specifically identified or written in a contract, but are

accepted by both parties over a period of time and establish working conditions accepted by both parties over a period of time and establish working conditions that are binding.that are binding.

RatificationRatification Process by which both sides meet with their members to review, discuss, and Process by which both sides meet with their members to review, discuss, and

vote on a new contract. The new contract can only become effective if ratified vote on a new contract. The new contract can only become effective if ratified by both parties.by both parties.

Reopening ClauseReopening Clause A clause that allows either party to reopen a multi-year contract and negotiate A clause that allows either party to reopen a multi-year contract and negotiate

specifically stated items or provisions.specifically stated items or provisions. SidebarSidebar

An unofficial conference between the chief negotiators out of the presence of An unofficial conference between the chief negotiators out of the presence of the the bargaining teams.the the bargaining teams.

Know the LingoKnow the Lingo StrikeStrike

A work stoppage for the purpose of influencing contract negotiations.A work stoppage for the purpose of influencing contract negotiations. Temporary Restraining Order (TRO)Temporary Restraining Order (TRO)

A court order for limited time frame that forbids an action such as A court order for limited time frame that forbids an action such as striking or imposition.striking or imposition.

Unfair Labor Practice (ULP)Unfair Labor Practice (ULP) Practices defined by PERA as illegal including bargaining in bad Practices defined by PERA as illegal including bargaining in bad

faith.faith. Uniserv DirectorUniserv Director

Person assigned by the union to assist with contract and Person assigned by the union to assist with contract and employment issues.employment issues.

Work to RuleWork to Rule A job action by a bargaining unit against an employer in which the A job action by a bargaining unit against an employer in which the

members of the bargaining unit show their dissatisfaction by working members of the bargaining unit show their dissatisfaction by working only to the level prescribed in the contract.only to the level prescribed in the contract.

Know the ProcessKnow the ProcessHarvard Law School’s Program on Negotiation describes the actual collective bargaining process as comprising five core phases:

"I. Preparation and Framing. In this phase both the school board and the union examine their own situation in order to develop the issues that they believe will be most important, including assessing ‘your interests as well as the interests of the other side’;

"II. Bargaining Over How to Bargain. Here, the parties decide the ground rules that will guide the negotiations. This is where the logistics are determined, such as the rules for secrecy and the frequency of negotiating meetings;

"III. Opening and Exploring. This phase involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as ‘brainstorming’;

"IV. Focusing and Agreeing. This stage comprises the time when ‘what ifs’ and ‘supposals’ are set forth and the drafting of agreements take place; and

"V. Implementation and Administration. This stage is described as consisting of ‘effective joint implementation through shared visions, strategic planning and negotiated change.’”1

Know the Questions to PrepareKnow the Questions to Prepare Who bargains?Who bargains?

Board selects their designeesBoard selects their designees Union elects/appoints their negotiating teamUnion elects/appoints their negotiating team

What is bargained?What is bargained? Working conditionsWorking conditions CompensationCompensation BenefitsBenefits

Where does bargaining take place?Where does bargaining take place? Determine the bargaining sites for both teamsDetermine the bargaining sites for both teams

When does bargaining start? When does bargaining start? Contract usually stipulates dates and procedures for Contract usually stipulates dates and procedures for

bargaining the next contract.bargaining the next contract. MERC requires notice of contract end dates which is MERC requires notice of contract end dates which is

sent by the Uniserv Director.sent by the Uniserv Director. How is bargaining done?How is bargaining done?

Determine the type of bargaining style to be usedDetermine the type of bargaining style to be used

Know the Types of Bargaining StylesKnow the Types of Bargaining Styles TraditionalTraditional

Both sides make, exchange, and counter proposalsBoth sides make, exchange, and counter proposals Personality-Based NegotiationsPersonality-Based Negotiations

One person from each side meets with a complete or almost One person from each side meets with a complete or almost complete proposal which has been informally agreed upon by complete proposal which has been informally agreed upon by both sides.both sides.

Collaborative Methods of BargainingCollaborative Methods of Bargaining Interest-Based Bargaining or Target-Specific BargainingInterest-Based Bargaining or Target-Specific Bargaining

Both sides agree to process and receive training from Both sides agree to process and receive training from outside facilitators.outside facilitators.

Emphasis placed on issues that both parties must agree Emphasis placed on issues that both parties must agree upon.upon.

Data-driven, both sides work to find solutions to the Data-driven, both sides work to find solutions to the issues TOGETHER.issues TOGETHER.

Hybrid Methods (drawing from both Traditional and Hybrid Methods (drawing from both Traditional and Collaborative)Collaborative) Both sides agree to process and receive training from outside Both sides agree to process and receive training from outside

facilitators on use of brainstorming and consensus decision-facilitators on use of brainstorming and consensus decision-making.making.

Expedited process (less than a week), prepare and exchange Expedited process (less than a week), prepare and exchange proposals before bargainingproposals before bargaining

Know What Can & Cannot Be Know What Can & Cannot Be NegotiatedNegotiated Prohibited topics in bargainingProhibited topics in bargaining

First day of schoolFirst day of school Policyholder for group health insurancePolicyholder for group health insurance Subcontracting of non-instructional support servicesSubcontracting of non-instructional support services Composition of site-based decision-making Composition of site-based decision-making

committeescommittees Use of volunteersUse of volunteers Pilot or experimental programsPilot or experimental programs

Acceptable topics in bargainingAcceptable topics in bargaining Wages, hours, working conditionsWages, hours, working conditions Layoff and recall languageLayoff and recall language Insurance carrier, administrator, and level of benefitsInsurance carrier, administrator, and level of benefits

Know What To Do During Know What To Do During NegotiationsNegotiations Preparation

Assemble negotiating team Review prior negotiation files Review grievance files Survey board members/union members Gather/develop economic and insurance data Develop an internal and external communications plan

Ground Rules Identify spokespersons Establish bargaining style Schedule meeting times Establish communications/public relations

Discussions/Negotiations Exchange of proposals Dialogue of issues

Caucuses Use as a break in negotiating for discussion amongst your bargaining

team Use to prepare a counter proposal

Sidebars Use for prodding, face-saving, off-the-record positioning, clarifying, Use for prodding, face-saving, off-the-record positioning, clarifying,

and testing the watersand testing the waters Avoid abuse or it loses its effectivenessAvoid abuse or it loses its effectiveness

Know What To Do Know What To Do When Things Go WrongWhen Things Go Wrong

Unfair Labor PracticeUnfair Labor Practice Claim that one of the parties in negotiations has violated a Claim that one of the parties in negotiations has violated a

provision of PERA.provision of PERA. By statute a claim must be filed six months from the date of By statute a claim must be filed six months from the date of

the incident.the incident. Management ULP’sManagement ULP’s

Failing to process grievances or arbitrateFailing to process grievances or arbitrate Refusal to bargain with union representativesRefusal to bargain with union representatives Interfering with employee organization or an employee’s PERA Interfering with employee organization or an employee’s PERA

rightsrights Locking out employeesLocking out employees

Union ULP’sUnion ULP’s Restricting an employee’s PERA rightsRestricting an employee’s PERA rights Forcing an employer to commit a ULPForcing an employer to commit a ULP Failure to represent membersFailure to represent members Refusing to bargain with the employerRefusing to bargain with the employer

Know What To Do Know What To Do When Things Go WrongWhen Things Go Wrong MediationMediation

Must file a petition for mediation with MERCMust file a petition for mediation with MERC MERC appoints a state mediator to the caseMERC appoints a state mediator to the case Mediator assists in reaching an agreement through compromise Mediator assists in reaching an agreement through compromise

Fact-FindingFact-Finding Must file for fact-finding with MERCMust file for fact-finding with MERC MERC appoints a fact-finder to the case to hear the issues, find the MERC appoints a fact-finder to the case to hear the issues, find the

facts, and write a non-binding report with recommendations for facts, and write a non-binding report with recommendations for settlementsettlement

Each party prepares information for the fact-finder to support their Each party prepares information for the fact-finder to support their positionspositions

Each side presents their position during a fact-finding sessionEach side presents their position during a fact-finding session After the fact-finder’s report is returned, both parties return to After the fact-finder’s report is returned, both parties return to

negotiationsnegotiations

ImpasseImpasse Deadlock in formal negotiationsDeadlock in formal negotiations Union is never at impasseUnion is never at impasse Management can impose changes in the contract after impasseManagement can impose changes in the contract after impasse

ImpositionImposition The employer can impose changes in the terms and conditions of The employer can impose changes in the terms and conditions of

employment only after impasse. If it occurs prior to, it can be employment only after impasse. If it occurs prior to, it can be challenged by MERC.challenged by MERC.

The union can file for an injunction to halt the imposition.The union can file for an injunction to halt the imposition.

Know What To Do Know What To Do When Things Go RightWhen Things Go Right RatificationRatification

Process by which both sides meet with their members to Process by which both sides meet with their members to review, discuss, and vote on a new contract.review, discuss, and vote on a new contract.

Ratification by UnionRatification by Union Ratification by BoardRatification by Board

The new contract can only become effective if ratified by The new contract can only become effective if ratified by both parties.both parties.

New ContractNew Contract

Now You KnowNow You Know 1. What is PERA?1. What is PERA?

Public Employment Relations ActPublic Employment Relations Act 2. True or False: School employees can strike.2. True or False: School employees can strike.

False. P.A. 112 prohibits school employees False. P.A. 112 prohibits school employees from striking.from striking.

3. What subjects are prohibited during 3. What subjects are prohibited during negotiations?negotiations? First day of schoolFirst day of school Policyholder for group health insurancePolicyholder for group health insurance Subcontracting of non-instructional support Subcontracting of non-instructional support

servicesservices Composition of site-based decision-making Composition of site-based decision-making

committeescommittees Use of volunteersUse of volunteers Pilot or experimental programsPilot or experimental programs

Now You KnowNow You Know 4. What subjects can be negotiated in a 4. What subjects can be negotiated in a

contract?contract? Wages, hours, working conditionsWages, hours, working conditions Layoff and recall languageLayoff and recall language Insurance carrier, administrator, and level of Insurance carrier, administrator, and level of

benefitsbenefits 5. What is ULP?5. What is ULP?

Unfair Labor Practice. It is an action by the Unfair Labor Practice. It is an action by the management or union that violates state or management or union that violates state or federal labor laws.federal labor laws.

6. Which law prohibits certain subjects in 6. Which law prohibits certain subjects in bargaining?bargaining? P.A. 112 of 1994P.A. 112 of 1994

7. True or False: A job action is always a 7. True or False: A job action is always a strike.strike. False. All strikes are job actions, but not all job False. All strikes are job actions, but not all job

actions are strikes.actions are strikes.

Now You KnowNow You Know 8. True or False: The union is never at 8. True or False: The union is never at

impasse.impasse. True.True.

9. True or False: A past practice is as binding 9. True or False: A past practice is as binding as negotiated working conditions.as negotiated working conditions. True.True.

10. Can an EA or ESP following MERC or 10. Can an EA or ESP following MERC or PERA guidelines be given a FOIA request, PERA guidelines be given a FOIA request, ULP, or TRO before a TA?ULP, or TRO before a TA? Yes. An Education Association or Education Yes. An Education Association or Education

Support Personnel following the Michigan Support Personnel following the Michigan Employment Relations Commission or Public Employment Relations Commission or Public Employment Relations Act guidelines can be Employment Relations Act guidelines can be given a Freedom of Information Act request, an given a Freedom of Information Act request, an Unfair Labor Practice, or a Temporary Unfair Labor Practice, or a Temporary Restraining Order before a Tentative Restraining Order before a Tentative Agreement.Agreement.

ResourcesResources

Harvard Law School Program on Negotiation, Brochure entitled: Negotiating Labor Agreements (Cambridge, MA: Program on Negotiation at Harvard Law School, 2006), pp. 5-6.

http://www.crcmich.org/PUBLICAT/1980s/1988/rpt290.pdf http://www.mea.org MASB MASB The Bargaining Toolkit.The Bargaining Toolkit. MEA MEA Bargaining: How You Want To Do It.Bargaining: How You Want To Do It. Najita, Joyce M. and James L. Stern,Najita, Joyce M. and James L. Stern, Collective

Bargaining in the Public Sector: The Experience of Eight States.