The Negotiating Process

1
The Negotiating Process

• Bargaining in Good Faith
• Meet and confer at reasonable times and places.
• Reasonable authority to negotiate
• Open mind to consider proposals
• Unions exclusive right to bargain - no direct
  dealing.
• Dilatory tactics.

2
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

3
Bargaining in Good Faith

• Legal Categories of Bargaining Issues
• Mandatory
• You must talk to me
• Permissive
• Please talk to me
• Prohibited
• I cant talk to you

4
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.
• Whats a Good Time For You
• Early starts on tough issues.
• Bargaining against the deadline.
• How long to ratify
• Do you tell the FMCS

5
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

6
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

7
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.

8
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?