Originally from: Collective Bargaining: How it Works and Why - Hardcover
Collective Bargaining: How it Works and Why - Electronic
Preview Page
The Framework for Bargaining - Section 11
IN THIS SECTION we examine the framework for bargaining, those statutory and administrative rules and procedures society has created to assist parties in resolving disputes by negotiation.
Meet-and-Confer: Precursor to Collective Bargaining in the Public Sector
We now examine employee relations wherein a group of employees chooses a representative to meet-and-confer with the employer on the employees’ behalf. This interaction occurs usually under a statute in the public sector, and is often a precursor to collective bargaining, which will be discussed next. The final resolution under meet-and-confer is often one-sided, with the employer having final decision-making power.
Example: Arizona permits public employers to meet-and-confer with employees, but only if the employer so desires.
Typical statutes permitting meet-and-confer arrangements may preclude written agreements between parties. Usually the employee group may make a presentation before a legislative body, but that body has unilateral decision-making power.
These laws are generally viewed by unions in the public sector as being precursors of true collective bargaining, which involves bilateral determination of critical issues, such as wages, hours of work and conditions under which that work will be performed.
Thomas R. Colosi and Arthur E. Berkeley
Foreword
Preface
Section 1 The Beginning
Why negotiate?
The Difficulty with Elections
Animus Negotiandi
Negotiations Defined and Examined
Points to Ponder
Section 2 The Parties
"Who's Who?"
The Union Side
The Employer Side
Clarity of Parties
Points to Ponder
Section 3 The Conflict
Preconditions for Unionization
Why Employers Oppose Unionization
Ideological Clashes
Theory "U" and Theory "M"
Reconciling Philosophical Differences
Points to Ponder
Section 4 The Battlefield
Scope of Bargaining
Subjects of Bargaining
Points to Ponder
Section 5 The Battle
Weapons of Conflict
The Union's Weapons
The Employer's Weapons
Privitization
Bargaining Power
Nonuse of Bargaining Power
Abuses of Bargaining Power
Whipsaws and Parities
Uses of Another Party's Bargaining Power
Costs of Agreeing and Disagreeing
MAD: Mutually Assured Destruction
Points to Ponder
Section 6 The Table Process Examined
Three Dimensions to Every Team in Bilateral Negotiations
Four Bargaining Configurations
1. Horizontal (H) Bargaining
2. Internal (I) Bargaining
3. Vertical (V) Bargaining
4. Shadow (S) Bargaining
Structure of the Teams
"All Together Now"
Points to Ponder
Section 7 Multilateral Bargaining
Trilateral Bargaining
Quadrilateral Bargaining
Hydralateral Bargaining
Points to Ponder
Section 8 The Table Process Analyzed
Ritual, Game, Catharsis and Problem-solving
Hostility
Exchanging Information
Trust and Integrity
"Sunshine Bargaining"
Points to Ponder
Section 9 Preparing for Bargaining
Preparation for Bargaining
Proposal Formulation
Employee Proposals
Las Vegas Mentality
Employee Input
Employer Proposals
Boulwarism
Points to Ponder
Section 10 Participation and Democracy
Democracy in the Caucus: Union
Employee Ratification
Democracy in the Caucus: Employer
Participation and Democracy
Points to Ponder
Section 11 The Framework for Bargaining
Meet-and-Confer: Precursor to Collective Bargaining
in the Public Sector
Collective Bargaining: Making Promises
"R-U-I"
Definition: Collective Bargaining Contract
"Cutting a Deal"
Points to Ponder
Section 12 The Continuum of Peacemaking Table Processes Impasse
Conciliation and Mediation
Mediator avec Baguette
Fact-finding, Advisory Arbitration and Special Masters
Interest Arbitration
"Last Best Offer" Interest Arbitration
The "Hard" Approaches
Med-Arb
The Power Pie
Points to Ponder
Section 13 Table Manners
Ground Rules
Location
Seating
Confidentiality
Empowerment
Time Schedules and Frequency of Sessions
Topic Agenda
Momentum
Critical Moments
Points to Ponder
Section 14 Table Talk
Spokespersons and Team Discipline
Control of the Negotiation Process
Promoting Your Position
Recorders and "B-Books"
The Persistence of Numbers
Packages, Parameters and Priorities
Symbolic Concessions
Closers and Clinchers
Points to Ponder
Section 15 Table Dynamics
Uncertainty: Creating Doubts
The Untruths That Matter
How Mediators Really Succeed
Selling a Settlement
Points to Ponder
Section 16 Table Tactics
Intentional Errors
Mutt 'n' Jeff
Wild-Man Steve
Will o’ the Wisp
Dotting "i's" and Crossing "t's"
Knowing When to Leave
Points to Ponder
Section 17 Promise Checking: Grievance Arbitration
Contract Administration: Checking the Promises
Grievance Procedure
Negotiating Grievances to Settlement
Duty of Fair Representation
Advantages of Arbitration
About Arbitrators: Selection and Cost
Industrial Jurisprudence: Progressive Discipline
Industrial Jurisprudence: Contract Interpretation
Conducting the Arbitration Hearing
Arbitrability
Expedited Arbitration
Constructive Adversarialism
Blurring of Roles
The Theory of Constructive Adversarialism
The Good Unions Can Do
The Fruits of Cooperation
Labor-Management Cooperation
Grievance Mediation
Grievance Med-Arb
Points to Ponder
Section 18 Concluding Comments
About This Manual
Applicability of This Manual
Dispute Resolution
Appendix I
Appendix II
Postscript
Index
About the Authors:
Thomas R. Colosi is American Arbitration Association Vice President for National Affairs and a third-party neutral. He spends much of his time training advocates and neutrals about the workings of dispute resolution. He has taught as an adjunct professor for the University of Maryland Law School and at Cornell’s School of Industrial and Labor Relations.
Arthur E. Berkeley is Associate Professor at the Memphis State University’s School of Business, where he teaches alternative dispute resolution. He is involved in training programs as well as serving as an arbitrator. He served as the founding president of the Maryland Chapter of Industrial Relations Research Association.
