Negotiation Process

7/21/2019 Negotiation Process

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The Negotiating Process

In determining whether the parties

are “bargaining in good faith”, the

NLRB relies on it’s totality-of-

conduct concept rather than looing

at indi!idual actions"



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Bargaining in Good Faith

#mong the factors the Board

e$amines as part of this totality of

conduct are% &illingness to meet and confer at reasonable

times, and places"

Reasonable authority to negotiate"

Re'ection of the other side’s proposals

without e$tension of counterproposal"



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(pen mind to consider proposals"

Recognition of union’s e$clusi!e right tobargain - no direct dealing"

)ilatory tactics"

*urface bargaining"

+ae it or lea!e it offers"

Reuirement to pro!ide rele!ant information"

o!erty pleas"

#nti-union animus"



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Legal .ategories of Bargaining Issues

/andatory

“0ou must tal to me”

ermissi!e

“lease tal to me”

rohibited

“I can’t tal to you”



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The “Bargaining Procedures”

Before bargaining o!er substance

can begin, the parties must agree on

a mutually acceptable bargainingprocedure"

+he following can be classified asprocedural issues%



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Bargaining Location

(ne of three places% 0ours, +heirs, or *omewhere else"

1ree from disruption, and fully furnished

with chairs, tables, blacboard, chal,

paper, water, coffee, and good lighting"

#ccessible at all hours, close to food and

refreshments, and ad'oining caucus

rooms for both sides"



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Agenda Sequence

+he typical approach for the parties is to

negotiate o!er minor issues first"

+he rational being that it is difficult to

resol!e minor issues if they are left for

the later stages of negotiations"



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Authority to Make FirmCommitments

2nder the law 3NLR#4, the negotiators onboth sides must ha!e the authority tomae firm commitments on behalf of the

principles"

+his notwithstanding, the authority ofnegotiators !aries considerably, and it is

ad!isable to define the authority of bothsides at the outset, reducing potentialmisinterpretations later"



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orking !ra"ts

In some bargaining situations, theparties e$change draft agreements"

+his presents a procedural uestion asto whether to negotiate from the uniondraft, the employer draft, or the e$isting

agreement"



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Procedures !uring Negotiations

+he parties should establish a scheduleand duration of negotiating sessions"

+ime out for caucuses should bearranged, and some understandingneeds to be established with regard torecordeeping"

*ome understanding should also bereached with regard to confidentiality"



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Stages o" the Negotiating Process

The #$ening

.haracteri5ed by the first meeting or setof meetings"

+ypically the union presents all of itsdemands"

+he ne$t meeting or set of meetings iswhere management presents it owninitial response to the union and submitsits own demands"



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The #$eningIt is in the opening that the limits of anypotential collecti!e bargaining outcomeare set by the parties"

It is considered a fau$ pas in thenegotiation arena to bring up completelynew issues after this point in the process"

+he number of proposals typicallysubmitted by the union at the bargainingtable can !ary from a few to a few

hundred"



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The Sett%ing&'n.haracteri5ed by a full discussion ofeach issue"

)etailed analysis of industry wagetrends, local wage trend, and nationalprice trends as well as any othersupporti!e materials"

)uring this stage of negotiation, bothsides try to resol!e issues on whichagreement can be reached easily"



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The Conso%idation.haracteri5ed by a fuller elaboration ofpositions by each side"

#t this point we begin to see mo!ementon some issues as each side begins tooffer concessions to the other side"

&e begin to see tradeoffs of small items,and the being of the discussion of theeconomic pacage 3wages and benefits4"



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The Conso%idationBy the conclusion of this stage, most ofthe less important items or the moreeasily settled issues are taen-off the

bargaining table either throughagreement or abandonment"

#t this point each side has a generalfeeling about the opposition’s truepriorities"



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The Fina%i(ation+here are only a few items left on thetable and they are important to bothsides"

6enerally, the finali5ation stage isaccompanied by a change from what wemight call more normal bargaining

en!ironment to one of crisis bargaining"



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The Fina%i(ation.risis bargaining is characteri5ed asmuch as anything by the beha!ior of theparties" +hat is, they recogni5e that thereis a fast approaching time limit, so theybargain much more intensely, meeting ona daily basis and for longer periods oftime"



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7!ery negotiating team should

formulate a total plan of action,

and

#ttempt to satisfy the need of itown constituencies"

Basic Negotiation Conce$ts andTechniques



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It has been suggested that

.ompromise means a gi!ing up ofsomething,

whereas

Integration implies an attempt tosatisfy the needs of both sides"

Mutua% Gains)'ntegrati*e+Bargaining



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+he philosophy of integrati!ebargaining stresses a participateworing relationship betweenlabor and management and a 'oint

problem-sol!ing approach tocollecti!e bargaining"

Mutua% Gains)'ntegrati*e+Bargaining



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#nother form of /6B through

which ob'ecti!e sources aresought to settle disagreements onmutually agreeable terms withoutthe necessity of one side’s losing

face"

in&in)Princi$%ed+Bargaining



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Negotiations are !iewed as

problem sol!ing sessions" +heemphasis in bargaining is on eachparty’s interests rather than theirpositions"




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+here are no ideal bargaining

models or processes that would beappropriate for all bargainingparties"

+here is no paradigms that wouldwor well in all organi5ations"




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In the final analysis, the partiesmust be eclectic in deciding whichbargaining approach would worbest in their particularcircumstances"


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Negotiation Process