ACBO TRAINING INSTITUTE. The Collective Bargaining Process. Agreements & Costing
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1 ACBO TRAINING INSTITUTE The Collective Bargaining Process Agreements & Costing Jon Sharpe November 13, 2008
2 I. Statutory / Regulatory Requirements A. Winton Act (Pre-1976) 1. Meet and Confer 2. Education Code 3080 Repealed 1975 B. Rodda Act 1. Effective July 1, Requires Public School Employers to Meet and Negotiate: a) Wages b) Hours c) Other Terms and Conditions of Employment (Working Conditions) 3. Established Public Employee Relations Board (PERB)
3 I. Statutory / Regulatory Requirements C. PERB 1. In conjunction with National Labor Relations Board Requires Bargaining in Good Faith 2. Government Code Section a) Unfair Labor Practices b) School Employees Right to Form / Join / Participate in Employee Organizations c) Exclusive Representation d) Unit Determination Issues e) Employee Organizations f) Agency Fees (SB 1960 ~ 1/1/2001)
4 I. Statutory / Regulatory Requirements CCC C. PERB (Continued) 3. Public Notice a) Sunshine Initial Proposals (G.C. 3547) b) Disclosure (G.C ) System Office Opinion N/A to 4. Impasse Procedures (G.C. 3548)
5 II. The Collective Bargaining Process A. Traditional Collective Bargaining Process (one end of spectrum) 1. Each Side Develops Proposals 2. Proposals Exchanged 3. Proposals Sunshined 4. Collective Bargaining Commences 5. Tentative Agreements Reached 6. Full Agreement Reached 7. Represented Unit Votes on Bargaining Team Proposals Ratify 8. Board Ratifies 9. Contract Revised and Enacted ~ OR ~
6 II. The Collective Bargaining Process B. Traditional Collective Bargaining Process (other end of the spectrum) 1. Each Side Develops Proposals 2. Proposals Exchanged 3. Proposals Sunshined 4. Collective Bargaining Commences 5. Disagreements Ensue 6. Positions Become Engrained 7. Impasse is Declared 8. Mediator is Called in Unsuccessful 9. Fact Finding 10. Arbitrator 11. Greater Discord as Both Parties Ready for the Next Negotiations Cycle
7 III. Suggestions to Enhance the Experience A. Selection of Negotiations Team 1. Chief Negotiator 2. Number of Members 3. Background of Members a) Balance (Experience, Positions, Diversity, Personality, etc.) b) Critical for CBO / Financial Interests to be Represented B. Know the Other Party 1. Analyze Union Team a) Interests b) Background c) Placements
8 III. Suggestions to Enhance the Experience C. Prepare 1. Determine Priorities 2. Develop/Share Data and Information 3. Determine Best Alternate to a Negotiated Agreement (BATNA) (what you can live with) 4. Strategize (strategy is a function of preparation) 5. Anticipate View From Other Side 6. Positional Bargaining Requires Minimal Preparation 7. Determine Table Dynamics (who speaks, caucus authority, seating arrangements, etc.)
9 III. Suggestions to Enhance the Experience D. Bargaining Table Tips 1. Develop Ground Rules a) Meeting Frequency, Time, Locations, etc. b) Determine Process (exchange of proposals, call for caucus, etc.) c) Determine Authority; Role of Team d) Method of Tentative Agreements e) Minutes?? 2. Be Respectful
10 III. Suggestions to Enhance the Experience E. Other Suggestions 1. Look Long Term (example - GASB 45) 2. Total Costing Approach (know the short/long term cost; even if only for your purpose) 3. Develop Scattergram and Monitor (very revealing about effectiveness) 4. Do Not Name Contractors/Vendors in Agreements 5. Document / Document / Document (intent of language, as over time it becomes distorted) 6. Avoid Divide and Conquer Pre and Post Meetings 7. Be Open Minded
11 IV. Costing the Proposals / Agreements A. Scattergram of Personnel B. Total Costing Approach 1. Step / Increment 2. Statutory Rollups a) Social Security / Medicare / Alternatives b) STRS / PERS c) Unemployment d) Workers Compensation
12 IV. Costing the Proposals / Agreements B. Total Costing Approach (Continued) 3. Health / Welfare Costs a) Medical b) Dental c) Vision d) Life Insurance e) Other C. Index Salary Schedule for Quick Costing
13
14 V. Alternatives to Traditional (Positional) Bargaining A. Interest Based Approach (IBA / CFIER / Win-Win ) 1. Focus on Interests, Not Positions 2. Each Side Develops / Shares Interests 3. Decide Issues on Merits (Hard on Merits / Soft on People) 4. Develop Objective Criteria 5. Develop BATNA 6. Requires Greater Communication and Trust (of Position) 7. Respect Others Views
15 V. Alternatives to Traditional (Positional) Bargaining B. Benefits of Non-Positional Approach 1. Helps Avoid Risk of Arbitrary Outcome 2. Enhances Relationships Recognizes Continuing Relationships (however; if focus solely on relationship, risks sloppy agreement) 3. Respects Shared Governance 4. Avoids Winners / Losers
16 ACBO TRAINING INSTITUTE The Collective Bargaining Process Agreements & Costing Jon Sharpe February 9, 2007
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