Collective Bargaining Training

[Local number]

[date]

Welcome and Introductions (15 minutes)

  • Bargaining experience and concerns
  • "Wish list" for bargaining, and assess management resistance

Terms to Know (30 minutes)

  • Memorandum of Understanding, MOU
  • Tentative Agreement TA-both full TA and partial TAs-no gentleman’s agreements
  • Proposal
  • Counterproposal
  • Ratification-ask rep what it takes to ratify in this local
  • Chief Negotiator-one voice, passing notes
  • Ground Rules
  • Caucus
  • Unfair Labor Practice:

Refusing to Bargaining-not enough times and dates

Not having an authorized representative that can make decisions at the table

 Not bargaining in good faith…

  • Discuss NLRB definition of good faith:

How is "good faith" bargaining determined?

There are hundreds, perhapsthousands, of NLRB cases dealing with the issue of the duty to bargain in good faith. In determining whether a party is bargaining in good faith, the Board will look at the totality of the circumstances. The duty to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement. This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.

The additional requirement to bargain in "good faith" was incorporated to ensure that a party did not come to the bargaining table and simply go through the motions. There are objective criteria that the NLRB will review to determine if the parties are honoring their obligation to bargain in good faith, such as whether the party is willing to meet at reasonable times and intervals and whether the party is represented by someone who has the authority to make decisions at the table.

Conduct away from the bargaining table may also be relevant. For instance if an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith.

  • More?

Getting to a Contract Proposals (15 minutes)

  • Collecting information (Bargaining Surveys, Information gathering, etc)
  • Technical resources, e.g., wage surveys, financial analysis, contract language
  • Predict problem areas in upcoming negotiations, e.g., health care and raises?

Bargaining Simulation (90 minutes)

  • Split into two groups – union team, management team
  • Union and management sides meet separately to select priority issues and action plans
  • Union and management bargaining teams meet, exchange proposals, and negotiate
  • (note: two caucuses of not more than five minutes each are allowed to each team)
  • Union team holds "press conference" on contract status
  • Management team "reports out" a response to union actions and any actions of its own
  • Union and management bargaining teams continue, and possibly conclude, bargaining

Wrap-Up (60 minutes)

  • "Post mortem" on bargaining simulation
  • Discussion of long-run strategies-leading up to a strike (last resort, many options outside of striking). Discuss Statute and NLRB:

New Jersey State Code on Collective Bargaining:

34:13A-8. Strikes. Nothing in this act shall be construed to interfere with, impede or diminish in any way the right of private employees to strike or engage in other lawful concerted activities.

From NLRB:

Economic strikers defined.If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement.

  • Discussion of mobilization strategy– pros and cons, promising practices-Bargaining Bulletin
  • Determine Roles-Note taker 1, back up note taker, bargaining team member, alternate, team steward
  • We agree to-best practices
  • General feedback on session
  • AFSCME resources available, etc.
  • Next Steps

(NOTE: This is a just a draft outline; we may deviate from it depending on how long the various activities take. In particular, timing of the bargaining simulation must be loose.)