How to Negotiate a Collective Bargaining Agreement

Collective Bargaining Preparation, Strategy and Being in Control

Properly handling grievances under your Collective Bargaining Agreement.

 Why are there grievances?

Train supervisors to deal with the contract.

 Train supervisors about documentation.

Follow grievances and arbitration procedure precisely.

Establish past practice.

Have time limits.

Preparing for Negotiations.

Issues on the decline.

COLA

Defined Benefit Pensions Successor clauses

Staffing minimums

Interest Arbitration

Arbitration Forum Shopping

 Hot Topics for Negotiations:

Job security guarantees.

Creative wage payment plans -bonuses, semi annual wage increases; uniform allowances and allowances for meals or transportation. Increased productivity and standards. 401 (k) plans.

Detailed plant office rules.

Management rights sub-contracting, plant relocation, merit increases, initial hiring

rates, changing health policies.

Drug testing/search of premises and employees (NLRA).

 Dealing with new Legislation: FMLA vs. Layoff clause.

ADA vs. Seniority clause.

Limiting reinstatement after Workers' Compensation leave; disability leave, ADA leave.

WARN Act - shutdown.

Polygraph protection act - lie detectors.

Placing cameras in plant - invasion of privacy.

Preparation for Negotiations

Essential information -financial statements of union; COLA for previous year; average increase for year in industry area, competitive pricing and special considerations (non- profit organizations, movement of industry to Florida).

Reviewing problems, grievances and issues in last contract period.

Review negotiating notes of previous negotiations.

Professional review of contract language.

Evaluate company supervision -HR climate.

Preparing company proposals Input from supervision.

Understand company bottom line issues.

Understand real needs of employee -Benefits? , Wages? , Supervisors? Evaluate employee mood.

Understand real needs of union, COPE, Dues increase? , Health plan? , Pension plan? , Loss of members?

Review Company perspective in 2 to 3 year time frame Operational changes necessary financial prognosis.

Ability to deal with grievances:

Ability to deal with strike/slowdown.

The negotiating committee and negotiations Management

Union Committee Time; how long? How often? Notes

Negotiation impact on issues people separate the wheat from chaff issues.

Get to the essence of employee issues union issues.

Who's in control here? Shop steward, union delegates.

Determine communications to employees.

Creating an atmosphere for acceptance of company position Opening statement.

Have written proposals with rationale. Demand trade-offs of proposals.

Keep pounding on your reasons for rejection. Use "Competitive position" argument. Use newspaper articles

Sign off on agreed - upon proposals. Get copies of all union plans.

Importance of contract and employee analysis -"Bargaining Book" Everything adds up.

Establish basis to cost out all demands. Starting costing out immediately.

Recognize hidden costs, such as rollups (percentage of wage increase), increased health cost,

increase uniform cost, etc.

Wage proposal strategies.

 Other benefit strategies.

Chart union demands/company proposals.

Language

Wage/benefits

Identify company decision makers, such as approval by others, ratification, international union, affiliation with new union.

Off the record meetings/discussions/proposals for settlement.

The relevant laws: NLRA; §301; federal and state arbitration laws; ERISA; NLRA -§8(d) and 8 (a) (5) (* see laws put in packet)

Claims of inability of pay.

Mandatory (wages, hours) permissive (COPE, Bond); unlawful (union members covered only under contract).

Impasse and Implementation

ERISA -withdrawal liability -5500's 17. §301/arbitration

Required notices by union - federal mediation (section 8 (d))

Special issues

Continuation of arbitration clause after contract expires. Grievances during negotiations.

Check off and union security after contract expires. Extension agreements -pro's and con's. Single offer -Boulwarism

When have you reached impasse? Partial implementation

Mediation -Pro's and Con's

Preparing for a strike

Preparing for arbitration