The Basics of Bargaining and Building Your Bargaining Team 2015 MNA Fall Conference Robert T....
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Transcript of The Basics of Bargaining and Building Your Bargaining Team 2015 MNA Fall Conference Robert T....
The Basics of Bargaining and Building Your Bargaining Team
2015 MNA Fall ConferenceRobert T. SchindlerLusk Albertson(248) [email protected]: @LuskAlbertsonDownload this presentation at www.LuskAlbertson.com/MNAFall2015
The Collective Bargaining Process
Team Labor The Union
◦What are unions trying to achieve? Increase wages and fringe benefits Clarify and reduce duties and work hours Protect those currently working in bargaining unit Limit, or gain input, into management’s decision
making process as it relates to the bargaining unit Maintain and grow membership
◦What is the union’s role? Address divergent pressures from rank and file Gain influence for state organization and use it to
steer legislation “Rally the troops”
Team ManagementManagement
◦What is management trying to achieve? Hold down or reduce costs Improve work product Increase flexibility of operations and ability to
use unilateral discretion in decision-making Ability to maintain or grow itself and the
operation as it sees fit
◦Who is included in “management?” Board of Education Superintendent Executive Administrators – including HR
executive and/or Chief Bargainer
Team ManagementManagement
◦Roles of management: Board of Education
Establish mission, goals, policies, procedures, and parameters under which to operate the District
Superintendent Carry out the District’s mission and goals Deal with community politics Supervise staff (especially executive staff) Resolve conflict
Executive Administrators Help develop issues, carry out the District’s
mission, and support management team
Team ManagementManagement
◦Roles of management Chief Negotiator
Lead negotiating team (at and away from the table)
Represent the Board of Education Prepare proposals Keep Superintendent, Board of Education, and
other necessary parties informed of progress Recommend contract terms, settlements, and
agreements to the Board of Education
Stages of NegotiationsThe Training Stage – Pre-
Negotiation Prep
Stages of NegotiationsThe Training Stage – Pre-
Negotiation Prep◦Much like most things in life, this is
where the game is truly won or lost◦Develop a plan and strategy for what
you want to accomplish and how you are going to do so
◦Prioritize your goals – what are must haves and what can be used as bargaining leverage?
Stages of NegotiationsThe Training Stage – Pre-Negotiation Prep
◦Evaluate existing contract, policies, and procedures
◦Review finances◦Look over grievances and arbitration decisions◦Review recent court decisions or changes in
statutes (NOW MORE THAN EVER!)◦Analyze internal and external data on salaries,
benefits, etc.◦Review previous proposals or bargaining
processes◦Maintain and review file on problematic CBA
provisions
Stages of NegotiationsThe Training Stage – Pre-
Negotiation Prep◦Preparing your team for what is to
come Inform yourself on potential (or likely)
union tactics Let the bargaining team know what they
can expect Prepare the board of education and be
sure they have the will to move forward with the goals of the contract (especially if going through difficult/concessionary bargaining)
Discuss potential outcomes – i.e., settlement, ULPs, mediation, fact finding, impasse
Building a Winning Team
Building a Winning TeamWho should be on your team?
◦A larger team allows for more information and input
◦A smaller team is more efficient◦Either could be proper depending on the
circumstanceConsiderations
◦Relationship with labor◦Anticipated contentious issues◦Knowledge that would aid the
team/process
Building a Winning TeamChief Negotiator
◦Can be anyone (Superintendent, Business Manager, HR, Outside individual/counsel) Consider why a certain individual should
be lead bargainer Temperament, respect, relationship, 0situation,
etc.
◦Should be the lead voice for the team at the table
Building a Winning TeamWho else should be on the team?
◦Superintendent Is face of District. Can be positive or negative
depending on the scenario
◦HR Will be charged with enforcing and interpreting
the contract. Should be at the table
◦Business Manager Will know the finances better than anyone
(and can cost out offers and give financial analysis). Should either be at the table or available for meetings when finances are discussed.
Building a Winning TeamWho else should be on the team?
◦Outside counsel/bargainer Can give different perspective and aid in planning.
Can also be negative focus for union if necessary. Must do cost benefit analysis (the cost will be raised as an issue by the union)
◦Board Member There are times when the Board insists on having a
Board member at the table. Avoid if possible
◦Curriculum Director May want to involve depending on the issues and
relationship with staff Otherwise have available as issues arise.
Stages of NegotiationsOpening Presentations of
Proposals
Stages of NegotiationsOpening Presentation of
Proposals◦Ground Rules
Need not agree to ground rules
◦Exchange necessary information, initial proposals, and rationales (discuss necessary goals)
◦Posturing – sizing each other up
Stages of NegotiationsMiddle Phase
◦Parties look for areas of agreement◦Areas of disagreement/priority become
apparentPre-Crisis (Deadline) Stage: Economics
Take Priority◦Management position often becomes firmer
on “no”◦Union initiates pressure tactics.◦Parties begin to come toward center◦Sidebars become more prevalent and
informal proposals introduced
Stages of NegotiationsFinal Rounds – Tentative
Agreement or Impasse◦Impasse breaking tools – mediation
and fact finding◦“Work to rule” may occur◦Strike a possibility (although illegal)
Bargaining ModelsTraditional
◦ Adversarial in nature◦ Quid pro quo◦ Pressure tactics◦ Use of time crunch◦ Chief negotiator and bargaining team roles◦ Use of caucuses
Collaborative◦ Interest-Based (integrative bargaining, win-win
bargaining) – parties collaborate for win-win◦ Expedited– restrict time and issues on the table◦ Progressive – “full disclosure” bargaining – early
start, talk through each issue, early mediation/fact finding
Public Employment Relations Act (PERA)
Different Bargaining UnitsUnit decided on by the Michigan
Employment Relations Commission (MERC)
Individuals in unit must share a “community of interest”
Parties may seek “unit clarification” to add or remove positions from bargaining unit once the unit has been established
Bargaining unit NOT the same as union
Different Bargaining UnitsTeacher/Professional Unit
◦Usual players – MEA or MFT◦Separate from “non-professionals”◦Generally includes non-certificated
positions such as: Guidance counselors Media specialists Occupational or Physical therapists Social workers and psychologists Speech pathologists Nurses
◦Still community of interest?
How the MEA and AFT are organizedMEA – dominated by full-time staff hired by
the central organization◦Uniserv Directors – Assigned by the MEA to
regional areas to handle labor relations within their member districts
◦Regional Directors – Cover larger area and supervise Uniserv Directors. Report directly to executive director
MFT – Locally elected model◦Local leaders tend to determine goals and do
bargaining. Staff reps only called in when needed
◦Tends to end up in more reasonable process
Different Bargaining Units“Non-Professional” staff (non-
certified, support, etc)◦Usual players – MEA, AFSCME, UAW,
Teamsters, etc.◦“Largest appropriate unit”
Cannot include supervisors
◦Generally includes: Bus drivers Custodians/Maintenance Food service Parapros/aides/hall or lunch monitors Secretaries
Different Bargaining UnitsAdministrative Unit
◦Usual players – MEA, but more often this will be an “independent” group
◦Again, must be separate from those they supervise
◦Generally includes: Principals and APs Directors (i.e., special ed director, athletic
director, etc.)
Different Bargaining UnitsWho is excluded?
◦Superintendent◦Executive Administrators◦Confidential secretaries
The duty to bargainMust bargain in good faith with
regard to wages, hours, and other terms and conditions of employment – section 15 of PERA◦Mutual obligation of employer and union◦Must bargain in good faith◦Bargaining must agree to bargain over
wages, hours and working conditions (mandatory subjects) Employer may not unilateral alter such
mandatory subjects – unless and until impasse
Impasse
ImpasseMERC has described as the point
where the positions of both parties have solidified to the point where further bargaining is futile
MERC decides impasse – based on totality of the circumstances
Employer may implement last best offer on subject of impasse
Does NOT end duty to bargain, merely requirement to maintain status quo
Subjects of BargainingMandatory subjects:Must bargain and may take to impasse
◦Wages, hours, and working conditions◦Examples:
Wages, COLA Benefits – insurance, vacations, holiday pay, etc. Grievance procedure Work rules School Calendar (Expedited impasse, Modifications
by statute) Class Size, conferences/planning time, and length
of day Duration of agreement
Subjects of BargainingPermissive subjectsMay bargain but cannot take to
impasse◦Management decisions fundamental
to operation of enterprise◦Examples
Rate of pay for non-unit substitutes Seniority for those formerly in unit Curriculum or educational policy
decisions Bargaining ground rules
Subjects of BargainingProhibited Subjects
◦ Those listed in section 15 of PERA (MCL 423.215) Examples
1249 evaluation system 1248 policy regarding personnel decisions Teacher placement Experimental or pilot programs Contracting for non-instructional support (must give union chance
to bid)
Illegal Subjects◦ Those that would require violation of statutes
Examples Waiver of overtime or minimum wage (FLSA) Union Shop (RTW) Discriminatory clauses Waiver of tenure
Unfair Labor Practices
Unfair Labor PracticesViolations of section 10 of the PERA
◦ Interfering with, restraining, or coercing public employees in the exercise of their protected rights (which now includes not only to organize, but also to not be associated with the union)
◦ Initiating, creating, dominating, contributing to, or interfering with a labor organization (automatic dues deduction - current injunction)
◦Discriminating on hiring or terms or conditions of employment based on protected activity
◦Refusal to bargain in good faith (regressive bargaining, repudiation of the contract, direct dealing, etc.)
Unfair Labor PracticesUnion unfair labor practices
◦Refuse to bargain in good faith◦Restrain or coerce a public employer
in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances.
◦Cause or attempt to cause a public employer to discriminate against a public employee.
Unfair Labor PracticesNew ULP’s that have come about
through recent legislation:◦The union’s proceeding upon a
grievance to arbitration that relates to a prohibited subject of bargaining
◦Denial of an individual’s rights under Michigan’s FTW provision
Unfair Labor PracticesCharges have a statute of
limitation of 6 monthsDecided by the MERC
◦First heard by an administrative law judge
◦Appealed to the full commission (MERC) 3 member panel Given jurisdiction over the PERA
Its Over! Questions?