Meet & Confer: Run & Hide, or Get Prepared?

Transcription

1 Meet & Confer: Run & Hide, or Get Prepared? Presented by: Elizabeth M. Provencio Denton, Navarro, Rocha & Bernal, P. C North Main, San Antonio, Texas (210) Phone; (210) Facsimile

2 Overview: Understanding Options Meet and Confer compared to Collective Bargaining Proceeding after a meet and confer petition is received Developing a bargaining style Basics of interest based bargaining

3 Meet and Confer/Collective Bargaining Meet and Confer Cities are not required to enter into labor negotiations, or to make a contract on any of the potential subjects for negotiations Collective Bargaining Required to negotiate in good faith the terms and conditions of employment

4 Advantages Communication with and improvement of relationship with employees Variations to Civil Service (pay, benefits, hiring, discipline, promotion) In Meet and Confer context no petition for civil service or collective bargaining

5 Disadvantages Income growth disparity between public safety employees and remaining public workforce Loss of flexibility in establishing pay and benefits Cost of the process in time and money

6 Collective Bargaining The Fire and Police Employee relations Act Chapter 174 Modeled after NLRA Does not fully track the structure of federal private sector bargaining Three way relationship is different in the public Sector

7 Legal Basis for Collective Bargaining Chapter 174 Election the public employer and the association shall bargain collectively. Meet at a reasonable time Confer in good faith regarding compensation, hours, other conditions of employment, negotiation of agreement or question arising under an agreement

8 NLRA model, with exception a political subdivision shall provide its fire fighters and police officers with compensation and other conditions of employment that are substantially the same as compensation and conditions of employment prevailing in comparable private sector employment (a) TLGC

9 Under state employment law relating to public employees, a recognized limitation on mandatory bargaining is the concept of management prerogative, which involves issues of policy that should be exclusively reserved to a government s discretion. Corpus Christi Firefighter s Association v. City of Corpus Christi 10 S.W.3d 723, (Tex. App. Corpus Christi 1999). Open deliberations May preempt other law or provisions

10 Mediation Impasse Arbitration Voluntary Voters may elect binding arbitration option. City of Port Arthur v. International Association of Firefighters, Local 397, 807 S.W.2d 894 (Tex. App. Beaumont 1991).

11 Judicial determination provision is unconstitutional delegation of legislative power to the judiciary, International Association of Firefighters, Local union No v. City of Kingsville, 568 S.W.2d 391 (Tex. Civ. App. Corpus Christi, 1978).

12 Meet and Confer Chapter 142 Differs from collective bargaining Cities are not required to enter into labor negotiations, or to make a contract on any of the potential subjects for negotiations Under collective bargaining Required to negotiate in good faith the terms and conditions of employment

13 Meet and Confer Exception to Texas labor law not permitting public sector employers to Recognize an employee association, Negotiate for the terms and conditions of employment, or Enter into a collective bargaining agreement

14 Legal Basis for Meet and Confer History in Austin and Houston 2005 Statute applicable to Fire and Police for cities with a population of 50,000 or more covered by Chapter Statute applicable to EMS (if independent department and population of 460,000 or more)

15 Proceeding After the City Receives the Petition for Meet and Confer City may agree to proceed or choose to allow decision to go to the voters Option to allow for certification election, if dispute as to representation Interest and expectations of community If Council accepts, council retains control and prerogatives If voters, voters then retain control over the future use

16 Getting Started Selecting bargaining team Identifying interests/priorities (hiring, promotion, discipline examples in Abilene, Denton, San Marcos) Pay and compensation philosophy

17 Getting Started Interest-Based Bargaining Training (free) by Federal Mediation and Conciliation Service Establish ground rules

18 Public Sector Triangle Essential foundation of city council support Elected officials must have a full understanding of the process

19 What motivates employees in an individual and collective sense When addressing employee and labor relations it is important to understand what motivates employees and what they find rewarding

20 Fostering Good Labor Relations Know the issues, be engaged Foster communication Be accessible Take and implement good suggestions Give credit for the good suggestions Reward good behavior

21 Bargaining Approach Traditional Parties exchange proposals Interest Based Joint Proposals Posturing & mistrust Identify interests Win-Lose interests Build from common Compromise Win-Win

22 Conflict Management Styles Avoider--neither advances issue nor relationship Accommodator--advances relationship, not issue Competitor--advances issue, not relationship Compromisers--advances both partly Collaborator--advances both fully

23 Bargaining Approaches Traditional Develop arguments and conflicts on two competing sides to try to achieve the defined objectives which are inevitably extreme by virtue of the nature of an adversarial process IBB To increase participant s awareness that Successful Bargaining depends on developing a Positive On-going Relationship between the parties that permits achievement of Shared Goals without undermining both party s ability to achieve individual goals and protect Traditional Rights and Practices. Long Term Incorporate Bargaining Process learned into operations and conflict resolution as a part of the organization

24 Developing a Bargaining Culture Positive relationships Establish and maintain trust Shared information Understanding even if not agreement Seeking solutions Positive direction and progress Fairness by comparison and circumstances

25 IBB Overall Objective To increase participant's awareness that Successful Bargaining depends on developing a Positive On-going Relationship between the parties that permits achievement of Shared Goals without undermining both party's ability to achieve individual goals and protect Traditional Rights and Practices.

26 Consensus is a form of group Decision- Making. Everyone discusses the issues to be decided so that the group may benefit from the knowledge and experience of all its members. In order for consensus to occur, every member of the group must be able to support the decision 2

27 Understanding the Definition of Consensus Everyone in the group had been heard Open discussion and sharing of information Everyone can live with and support the decision even though it may not be their first choice

28 Decision-Making METHODS Imposed by Authority (Executive) Majority Vote Consensus RESULTS No Feedback (Assumes Leader Knows Best) Splits Group Full Support 4

29 Benefits of Consensus Decision has been reached by all group members Creativity All group members are engaged, providing commitment to and satisfaction with the process Post decision ownership and support Acceptance by constituents will be strong Implementation should be unopposed Fosters partnership principles Encourages respect, cooperation, listening and information sharing

30 Testing for Consensus Has everyone been heard? Can Everyone live with the decision? Will everyone actively support the decision?

31 Standouts Defined as an exception(s) to reaching a decision supported by the rest of the group Also referred to as blockers

32 Responsibilities of Standouts Stay involved with the group and not yield with pressure Clearly explain the reasons for blocking consensus Offer a solution that would remove the block

33 Responsibilities of the Group Regarding Standouts Support the standout Consider the solution offered by the standout

34 SUMMARY CONSENSUS BENEFITS Commitment Ownership Creativity Satisfaction 17

35 Interest-Based Bargaining is based on P.A.S.T.: Principles Assumptions Steps Techniques which Trained problemsolvers use to achieve positive results for both parties

36 Interest-Based Bargaining PRINCIPLES Focus on issues, not personalities Focus on interests, not positions Create options to satisfy both mutual and separate interests Evaluate options with standards, not power Focus on present, not past

37 Interest-Based Bargaining ASSUMPTIONS Problem solving enhances relationships Both parties can win Parties should help each other win Open discussion expands mutual interests and options Standards can replace power in solving problems

38 Interest-Based Bargaining STEPS Prepare for IBPS Identify issues Identify interests Develop options Develop standards Judge options with standards Achieve IBPS Solution

39 Interest-Based Bargaining TECHNIQUES Brainstorming Consensus Building Other Problem Solving Tools

40 PROBLEM SOLVING PROCESS STEPS 1. ISSUES (What is the problem?) 2. INTERESTS (Why is it a problem?) 3. OPTIONS (How might we solve it?) 4. STANDARDS (How shall we evaluate the options?) Idea Chart T H R O U G H O U T 5. JUDGE OPTIONS WITH STANDARDS Memorialize the Solutions in Writing 7 GROUP PROCESS TECHNIQUE a. Identify Issue b. Discussion/Info Sharing c. Consensus/Agreement on the Issue a. Identify Interests Separate and/or Mutual b. Discussion/Info Sharing c. Consensus on Mutual Interests a. Brainstorming a. Discussion and Consensus on Standards to be used a. Discussion and Consensus on which Option to use

41 Interest-Based Bargaining Definition A method of Problem Solving in which the interests of all parties involved are addressed, multiple solutions and creativity are encouraged, and issues are addressed through open dialogue and information sharing. 2

42 PROBLEM SOLVING PROCESS Four Step Process Step 1: Define the Problem Step 2: Determine Interests Step 3: Develop Options Step 4: Select a Solution 3

43 STEP 1 DEFINE THE PROBLEM Why defining the problem is important How to define the problem 1

44 Proper Questions 1. begins How might we? How can we? 2. cannot be answered yes or no 3. contains no solutions 4. contains no accusations or inflammatory wording 6

45 DEVELOPING OPTIONS Brain Storming PHASE I Build on other s ideas Reserve Judgment Aim for quantity Imagine wildly No killer phrases PHASE II Critical Judgment Analyze Determine priorities 4

46 Continuing Process Defining Interests Mutual analysis Potential for win/win outcomes Identifying Options Listed Pros and Cons Selecting Solutions Value weighted Application of Standards

47 REACHING A FINAL SOLUTION Decide if all of the best options can be retained If not, select options which satisfy the most interests 8

48 Constituent Buy-In Inform them of why you have chosen this process and seek support Educate constituents on the supporting principles (P.A.S.T.) Seek information from constituents. Ask: What is the problem? Why is it a problem? If you could fix the problem what would you do?

49 End of Presentation Thank you for your time and attention Good luck.