Collective Bargaining
Preparation, Strategy and Being in Control
1. Properly handing 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.
2. Preparing for Negotiations
1. Issues on the decline.
- COLA
- Defined Benefit Pensions
- Successor clauses
- Staffing minimums
- Interest Arbitration
- Arbitration Forum Shopping
2. 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).
3. 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.
3. 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.
4. 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?
5. Review Company perspective in 2/3 year time frame
- Operational changes necessary
- Financial prognosis.
- Ability to deal with grievances.
- Ability to deal with strike/slowdown.
6. The negotiating committee and negotiations
- Management
- Union Committee
- Time; how long?
- How often?
- Notes
7. 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.
8. Creating an atmosphere for acceptance of company position
- Opening statement.
- Have written proposals with rationale.
- Demand trade-off's of proposals.
- Keep pounding on your reasons for rejection.
- Use "Competitive position" argument.
- Use newspaper articles - 32B/J.
- Sign off on agreed - upon proposals.
- Get copies of all union plans.
9. 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.
10. Wage proposal strategies.
11. Other benefit strategies.
12. Chart union demands/company proposals.
13. Identify company decision makers, such as approval by others, ratification, international union, affiliation with new union.
14. Off the record meetings/discussions/proposals for settlement.
15. 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.
16. ERISA - withdrawal liability - 5500's
17. §301/arbitration
18. Required notices by union - federal mediation (section 8 (d))
19. Special issues
- Continuation of arbitration clause after contract expires.
- Grievances during negotiations.
- Checkoff and union security after contract expires.
- Extension agreements - pro's and con's.
- Single offer - Boulwarism
- When have you reached impasse?
- Partial implementation
20. Mediation - Pro's and Con's
21. Preparing for a strike
22. Preparing for arbitration
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