1. Prepared by Kenda Murphy, LL.B - KMurphy Consulting and Mercedes Watson, B.F.A., M.A., C.Med - Thought Department Inc.

2. Chapter 8 The Collective Bargaining Process

3. 8 Chapter 8 Objectives At the end of this chapter, you should be able to:   Define the stages that negotiations go through   Describe the subprocesses that occur within negotiation stages   Understand how each side in negotiations acquires bargaining power   Outline alternative models for union-management negotiations

4. 8 Union-management negotiations usually proceed through specific stages:   Pre-negotiation   Establishing the negotiating range   Narrowing the negotiating range   Crisis   Ratification The Collective Bargaining Process

5. 8 How Do Negotiations Work? At the first joint bargaining meeting, the teams exchange written proposals and demands, and decide when the next joint meeting will occur Each negotiating team then holds its own private meetings to formulate a response At the second and subsequent joint meetings, each team makes counter-proposals and uses a variety of strategies and tactics to uncover the other team’s goals and priorities These meetings continue until an agreement is reached or an impasse is declared

6. 8 How Do Negotiations Work? When an agreement is reached, each team must obtain the approval of those it represents If an impasse is declared one party may:   Take a short break   Ask for third-party intervention   Undertake a strike or lockout Each of these actions is intended to make the other return to the bargaining table so an agreement can be concluded

7. 8 Pre-negotiation Stage   Each side determines its priorities, goals and proposals for the upcoming negotiations   It is common for the parties to mutually discuss negotiating protocol and process at this stage Stages of Union-Management Negotiations

8. 8 Establishing the Negotiation Range   In this stage, formal bargaining sessions begin   The teams start by introducing their members   The chief negotiator orally presents the rationale for each proposal   The oral presentations: ─ ─ establish the bargaining range ─ ─ demonstrate each side’s commitment to issues ─ ─ attempt to influence the other side’s perceptions and expectations through explaining the proposals’ rationales Stages of Union-Management Negotiations

9. 8 Narrowing the Bargaining Range   Each team enters negotiations with an initial offer and a bottom line position for each proposed item   A zone of agreement must exist for there to be the possibility of an agreement   During this stage, both sides start to change their original positions in an attempt to find a point where a mutually satisfactory resolution can be reached Stages of Union-Management Negotiations

10. 8 Narrowing the Bargaining Range   If there is no zone of agreement, either there will be no settlement, or each team will have to adjust its bottom line   The timing of counter-proposals and concessions is crucial during this stage   This is often the longest of all the bargaining stages Stages of Union-Management Negotiations

11. 8 The Crisis Stage   During this stage, one or both sides must decide whether to settle or to use economic pressure such as a strike or lockout   Disputes may occur over a single issue or over a “package” deal involving several interrelated items   This stage can be long or short, depending on the parties’ strength and their resources Stages of Union-Management Negotiations

12. 8 Ratification   Ratification is necessary once terms are agreed upon by both bargaining teams   Both parties’ constituents must accept the terms of the agreement   If one side rejects the proposed agreement, the parties must return to the table   Once the agreement is ratified, the parties sign the document Stages of Union-Management Negotiations

13. 8 Four negotiation subprocesses:   Intra-organizational bargaining: negotiators seek to achieve consensus within the bargaining team and the organization   Attitudinal structuring: each side forms attitudes toward the other side and toward the relationship between the teams   Integrative bargaining: identifying issues with common interests to get to “win-win” solutions   Distributive bargaining: both sides compete over limited resources, producing “win-lose” solutions Negotiation Stages and Negotiation Subprocesses

14. 8 Different subprocesses become apparent during different stages of negotiations:   The intra-organizational and attitudinal structuring subprocesses are most obvious during establishing and narrowing the bargaining range   The integrative and distributive subprocesses are more obvious during narrowing of the bargaining range   The distributive bargaining subprocess becomes more apparent during crisis Negotiation Stages and Negotiation Subprocesses

15. 8 Intra-organizational bargaining involves internal relationships within organizations Two types of internal conflict appear during this subprocess:   Role conflict: occurs because of conflicting expectations for each side’s negotiators   Factional conflict: develops when different groups have conflicting demands; results in disagreement within the organization over bargaining goals and priorities Negotiation Stages and Negotiation Subprocesses

16. 8 The attitudinal structuring subprocess deals with the relationship between the parties:   Each side’s motivation to be competitive or cooperative with the other side   Each side’s attitudes and beliefs about the legitimacy of the other side’s organization and leadership   The level of trust each side has in the other   Each side’s feelings of friendliness or hostility toward the other Negotiation Stages and Negotiation Subprocesses

17. 8 The integrative bargaining subprocess deals with mutual problem solving   It is often one of the elements of a “fostering strategy” to develop cooperation between the parties   Problems that can be solved through integrative bargaining are often addressed before the distributive issues are negotiated   Integrative bargaining can still be a difficult process Negotiation Stages and Negotiation Subprocesses

18. 8 The distributive bargaining subprocess deals with more contentious issues   Both sides are involved in a fundamental conflict over the allocation of a fixed amount of resources   Is adversarial because each party is committed to achieving its own maximum gain Negotiation Stages and Negotiation Subprocesses

19. 8 The classic definition of bargaining power is the ability of one side to get the other side to agree to its terms Environmental, socio-demographic, and organizational factors can affect each party’s bargaining power The Role of Bargaining Power in Union-Management Negotiations

20. 8 Factors affecting the employer’s bargaining power include the size of its inventory, the structure of its operation, its competitiveness, whether the business is seasonal, whether it can operate during a strike, and its labour costs Factors affecting the union’s bargaining power include the strength of its commitment to specific issues, its access to strike funds, and the timing and effectiveness of a possible strike The Role of Bargaining Power in Union-Management Negotiations

21. 8 The Cost of Disputes Model   This model focuses on the interaction among the bargaining power, the interests, and the rights of each side, and how this interaction affects the costs of negotiating disputes   Interests are the needs, wants, fears, concerns, desires, or other motivators that underlie a position, or the preferred outcome, of one side Two Alternative Models of Union-Management Negotiations

22. 8 The Cost of Disputes Model   Rights are formal powers granted to the parties through legislation, existing collective agreements, or in arbitral jurisprudence (previous legal decisions)   The parties’ differing interests are reconciled within the context of each side’s rights and bargaining power, e.g., the party with more rights may be able to dominate decisions on processes and outcomes Two Alternative Models of Union-Management Negotiations

23. 8 The Cost of Disputes Model   Four criteria to consider in evaluating the costs: 1. 1. Transaction costs: expenditures of time, money, resources, emotional energy, and lost opportunities 2. 2. Satisfaction with the outcome: how fulfilling the ultimate resolution is to each side 3. 3. Long-term effect on the relationship: a poor relationship will be costly because of later disputes 4. 4. Recurrence: whether the agreement resolved the issues between the parties Two Alternative Models of Union-Management Negotiations

24. 8 The Cost of Disputes Model (cont’d)   This model suggests the cost of disputes can be reduced if, in bargaining, the parties focus on interests rather than on issues that can only be resolved if they exercise their rights or bargaining power   Ideally, a focus on interests results in lower transaction costs, greater satisfaction, less strain on the parties’ relationship, and a lower recurrence of disputes Two Alternative Models of Union-Management Negotiations

25. 8 The Mutual Gains Model of Bargaining   Founded on four principles: ─ ─ People: separate the people from the problem ─ ─ Interests: focus on interests, not positions ─ ─ Options: generate a variety of possibilities before deciding what to do ─ ─ Criteria: insist that the result of negotiations be based or evaluated on some objective standard Two Alternative Models of Union-Management Negotiations

26. 8 The Mutual Gains Model of Bargaining   Three approaches have been proposed to resolve adversarial bargaining conflicts: ─ ─ Each side should strive to establish a minimum degree of trust in the other as well as a minimum level of communication ─ ─ Each side should determine a minimum level of acceptance of the other ─ ─ Both sides should recognize the level of mutual dependency Two Alternative Models of Union-Management Negotiations

27. 8 The Mutual Gains Model of Bargaining   Joint union–management training has produced positive results   However, this model may not be completely appropriate for union-management negotiations   Inherent power imbalances and different perspectives make it difficult to apply this model Two Alternative Models of Union-Management Negotiations

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