Defining the Collective Bargaining Process

Transcription

1 Basics & Beyond

2 Defining the Collective Bargaining Process

3 Collective bargaining, in any venue, is nothing more nor less, than a dance between partners at once willing and unwilling, which has been choreographed by a committee which knows little about music and less about dancing.

4 What is Collective Bargaining? The process for establishing a written contract with respect to conditions of employment items affecting wages, hours and working conditions for employees. The process requires that an employer meet with the Exclusive Bargaining Representative of the employees (PSE) to negotiate these items in good faith.

5 Negotiating is less about science and more about art.

6 How does it Happen? Negotiations may take place throughout the term of a collective bargaining agreement Letters of Agreement Memorandums of Understanding Grievance Settlements A result of problem-solving in Labor/Management meetings

7 When does it Happen? From the time a contract is ratified until it s expiration date, you are preparing for the next open contract bargaining. Each time you are asked to clarify language, file a grievance or discuss intent of specific language, you are strengthening the Collective Bargaining Agreement (CBA) and preparing to bargain. Today s training will focus on FULL CONTRACT bargaining - prior to the expiration of a CBA.

8 Preparing for Negotiations Establish Team & Team Meetings Implement and Review Results of Survey Identify Problem Areas of CBA Review Issues that Evolved during the CBA Term Brainstorm Solutions Create Proposals/Language

9 Who Does It? Both administration and employees establish teams to meet at the bargaining table. Check your bylaws on negotiation team selection. A well rounded, knowledgeable, cohesive team is one of the keys to successfully negotiating a comprehensive agreement.

10 Define Expectations: Choose your team Attendance Bargaining team meetings Negotiations sessions Unification As a team at the table Bargaining Unit as a whole

11 Team Composition Chief Spokesperson - Can be a joint effort of Field Rep and Chapter President Note Taker Critical role this person takes notes for later use in caucuses, formulating proposals, etc. Classification Rep offers valuable insight for specific job classifications Observer - Assigned to pay close attention to management team watch for reactions, emotions, comments, etc.

12 Review: Current CBA plus any LOAs or MOUs Past practices Any grievances, arbitrations, ULPs, etc. that occurred during the life of the current CBA Unresolved Labor Management issues Find out what your members want: Surveys Electronic Face-to- Face Classification meetings, Site Visits, Small Group Meetings

13 Research Wage Comparisons Job Title versus Job Duties Public Sector versus Private Sector Recruitment and Retention of Qualified Employees District Budget/OSPI Records 5 year History Cash Reserves Current budget Disclosure of Information Needed for Bargaining Collective bargaining obligation to provide information (RCW 41.56) is separate and distinct from school district s requirement to produce public records (RCW 42.56)

14 Don t waste time on proposals meant to sidetrack the process or are pie in the sky Examine every detail in the formulation of contract proposals Be sure to address the needs of all classifications Consider the well-being of the whole chapter Obtain feedback/buy-in on initial proposals If it ain t broke, don t fix it!

15 The responsibility of a negotiation team member is to work for the chapter as a whole. What we accomplish when bargaining the day-today working conditions has a profound effect beyond the literal wording of the contract or who was on the team

16 Types of Bargaining Styles Mandatory, Permissive, and Prohibited Subjects of Bargaining Good Faith Bargaining Unfair Labor Practices Mediation

17 Types of Bargaining Styles Traditional Both sides come to the table with structured proposals and discuss and/or argue their position until an agreement is reached.

18 Interest Based A problem-solving process where the parties decide on common goals and interests and jointly develop options through brainstorming. All pertinent information is shared openly by both sides and there are no hidden agendas. Interest based bargaining requires joint, formal training of both parties.

19 Collaborative A blend between traditional and interest based. Written proposals and counterproposals are used, but considerable time is spent identifying issues, clarifying mutual interests and using some type of problem-solving techniques. Best practices on how to conduct your negotiations can be obtained from your Field Representative.

20 Good Faith Bargaining A duty to engage in full and frank discussions on disputed issues. Must bargain no stalling. No prohibited subjects no proposals which violate law. No expectation of concession or having to agree to a specific proposal. Reasonable time and places to meet, for both labor and management. Explore possible alternatives in an attempt to reach mutually satisfactory resolution of disputed issues.

21 Examples Bad Faith Bargaining Offering no explanation for a bargaining position Pre-determined & inflexible position Entering bargaining with a take-it or leave-it attitude Delaying tactics and an apparent intent to reach impasse Injecting new proposals at an advanced stage of negotiations Withdrawal of provisions already agreed upon Direct Dealing

22 Interference Direct Dealing omay not circumvent the exclusive bargaining representative by negotiating directly with bargaining unit employees Exclusive Bargaining Representative oemployer must deal with assigned field representative oin absence of professional staff representative, employer may deal with locally-elected union officials

23 Unfair Labor Practice (ULP) An action taken by an employer or the union that violates state labor laws Provides civil remedies Administered by the Public Employment Relations Commission (PERC) in the public sector

24 PSE Backing PSE/SEIU 1948 State Bylaw, Article XIII

25 Subjects of Bargaining: Mandatory Permissive and Prohibited

26 Mandatory Mandatory subjects include matters that directly impact wages, hours, and working conditions: Examples Work schedules Seniority provisions Benefits: Insurance, paid holidays, paid leaves Obligations Effect upon employees must be negotiated before making a mid-term change in a topic which is not covered by the CBA.

27 Permissive Matters considered remote from wages, hours, and working conditions. These subjects include topics which are considered the prerogatives of employers or unions Examples Changes in program and/or curriculum Arbitration Obligations May not insist to impasse Once parties agree to negotiate over a permissive subject, negotiations must be made in good faith

28 Prohibited Matters where an agreement between employer and union would violate a federal or state law or disobey a court decision Examples Pay rate lower than minimum wage Waiver of overtime pay for work over 40 hours Pensions and retirement benefits for employees covered by a state retirement system It is a ULP to propose negotiations over a prohibited subject

29 Etiquette

30 Avoid disclosing the inner workings of the bargaining team Never argue at the table with your own team, ask for a caucus Don t discuss specific proposals with general membership except in broad terms. EXAMPLE: Reference to subject areas is okay, but no specific language or dollar amounts shared

31 Don t leave negotiation documents laying around Don t handout copies of proposals or counterproposals outside of the bargaining arena Refer questions, comments, concerns from members to the Chapter President and Field Rep Updates to members should be organized and intentional

32 Both parties have the responsibility to consider proposals made by the other party, however odd they may appear EXAMPLE: Don t interrupt a reasonable presentation of a proposal presented by management Avoid Pride in Authorship leave your ego at the door!

33 Historical documentation explains how language was developed and intended to be implemented Stay organized Keep accurate, up-to-date records Keep a historical file of bargaining for chapter Track proposals, counters, and tentative agreements) Good records are essential to the effective maintenance of a strong contract.

34 Stick with topics that have been discussed as a team Analyze proposals What will it mean both now and in the future Don t negotiate solely on procedures; concentrate on substance Make effective use of the technique of counterproposals DO NOT HURRY!

35 Don t relinquish critical rights Can disagree and reject any proposal Stick by your position with courage when you know it is fair and right Write in clear, easily understood language that accurately reflects the agreement Do not use "may" or "should when you really mean will" or shall. Avoid if possible or when practicable.

36 Tentative Agreements Mediation Ratification

37 Are binding Don t make commitments without deliberations with the team Don t make major concessions unless the offer is contingent upon reaching a complete agreement packaged proposals Must be ratified By the general membership By the school board

38 Don t give away a clause in the agreement which has been obtained or preserved in another Avoid conflicts if you make changes to one section, it can affect another section in the CBA Understand what is fair and reasonable and what isn t

39 Withdrawing or modifying a proposal is not a take away Remember collective bargaining is a compromise process Understand the pros/cons of the CBA term, which can be up to 6 years

40 Impasse o Bargaining is at a stand still; no further movement by either party calls for An attempt to find a mutually acceptable resolution The neutral, third party helps define issues, explore solutions and reach practical, workable and mutually satisfactory agreement Seeks to prevent conflicts from escalating The focus is on mutual acceptability

41 The Public Employment Relations Commission (PERC) conducts contract mediation in the public sector Contract mediation is an extension of the parties' duty to negotiate a collective bargaining agreement When public employers and employees' representatives are unable to agree on the terms of a written contract establishing the wages, hours and working conditions of bargaining unit employees, PERC provides mediation to help the parties reach an agreement

42 What does Mediation look like? Each PERC mediator has their own "style" of mediation In general, mediations begin with a joint session and later break into two "caucus" rooms Parties must take their own notes PERC mediator's notes are for his or her personal use and are not available to the parties for any purpose PERC mediators may not be subpoenaed in any future legal proceedings

43 If reach Impasse what can happen? Best, and Final Offer The district can unilaterally implement a new CBA WITHOUT agreement from the union. K-12 public employees have protection for one year after CBA expiration date (RCW ) It s better to extend the current CBA rather than give the district an opportunity to implement their Last, Best, and Final Offer

44 Ratification Presentation of Proposed CBA to general membership Tentative Agreement Should be in written format Reduce paper with an overhead projector Be careful with electronic copies TA means the Bargaining Team recommends ratification Bargaining Team must present a unified message Pros and cons of sharing TA with members prior to the meeting for ratification vote What do your chapter bylaws say? OR Last, Best, and Final without a recommendation

45 What happens if it s not ratified? Get specifics as to why it was not ratified Return to the table to start over Unilateral implementation of Last, Best, and Final Offer? Don t forget it s not over until the new CBA has been signed!

46 Thank you