MHR 6751, Labor Relations and Collective Bargaining2UNIT x STUDY GUIDETitleOtherareaswe will want to establish are acceptable timelines and consequences for not meeting those timelines as well as consequences for not reaching an agreement. Collectively, we need to decide on a reasonable estimation for resolving our negotiation. Is it reasonable to reach an agreement in four weeks, six weeks, or even eight weeks? Is it unreasonable to drag the process out for six to eight months? What are our options if one party violates our rules? What is the next step if we cannot reach an agreement? Are we willing to consider mediation and arbitration? The collective bargaining process and the National Labor Relations Board (NLRB) guidelines easily answer some of these questions. For example, all parties are expected to bargain in good faith, which means honestly—no bullying, no falsification of documents, and no hiding of assets when it comes time to discuss the ability to pay. It also means working towards a successful resolution and not stalling or dragging the process. Depending upon the former contact and the estimates changes, contract negotiations might take two weeks or they may take five weeks. Depending upon how well we communicate and work together, negotiations may take longer, but at some point, negotiations have to end in an agreement. Just as in a divorce case, negotiation is costly for both parties.
MHR 6751 Labor Relations
Swift resolution is in the best interest of both parties. Management is losing time from other duties by attending the negotiation meetings, and union representatives are taken from their other duties to participate in the negotiation process. Lengthy negotiations can lead to increased tension and potential conflict. Additionally, as part of the collective bargaining process, if one party violates our agreed-upon rules, we have the option to file an unfair labor practice complaint against that party. If an unfair labor practice is filed, then the National Labor Relations Board (NLRB) will review our negotiations, and then the NLRB has the option to modify and finalize the collective bargaining agreement. Both parties will have to live with the modifications for the duration of the contract (three to five years). Both the union and management can commit an unfair labor practice, so both parties are equally able to violate the rules. Just as in a divorce process, both parties have the opportunity to play dirty. Making accusations and tarnishing reputations are common among disputing divorce parties and would be considered an unfair labor practice in the collective bargaining process
MHR 6751 Labor Relations
As I mentioned previously, we need to agree that if we cannot come to a collective agreement, if we reach an impasse, we agree that we will try mediation prior to going to arbitration and prior to staying at state of impasse. An impasse is when two parties cannot reach a mutually satisfying agreement. As you may recall from your readings, mediation is a third party working towards a resolution, but the resolution is not binding. A mediator tries to find common ground between the two parties, and from that common ground, the mediator can work towards an agreement that both parties can live with. Arbitration, on the other hand, is binding. An arbitrator works with both parties and ultimately makes the final decision as to what the agreement will consist of. In our divorce analysis, the arbitrator may be the judge who decides what the final divorce decree entails. If collective bargaining goes to mediation or arbitration, both union and management agree who will preside over the meetings, and both share in the costs.
MHR 6751 Labor Relations
Today,many people go through mediation while working on the final divorce settlement because it is significantly cheaper than working though divorce attorneys,and,in some states, mediation is required prior to the final divorce decree—especially if children are involved. Unions and management can save money as well by going through mediation if it comes to that point. The collective bargaining process takes time.
MHR 6751 Labor Relations
Each party wants to present their best case and negotiate the best solution; therefore, effective communication is essential between the two parties and all those involved in the process. There will be offers and counter offers and more offers and more counteroffers until terms are reached that both parties can live with for the next three to five years. Each party needs to be patient and ready to counter the offers with counteroffers. The more prepared each party is, the less time the negotiations will take. Less time means less money for both parties. The process will run more smoothly when both parties establish rules of engagement, conditions of the process, and next steps when an agreement cannot be reached. In the next unit, we will look at some tactics used during negotiations(both effective and not-so-effective tactics)and different ways to build trust.