Navigating Negotiations
Superintendent Mentoring
January 19, 2017
Slide 2:
The past several years I have been blessed with a very reasonable association team. If you have the opportunity to have face to face interactions with the association leadership throughout the year, I believe this is very beneficial. Since the vast majority of work centers around money with regards to settlements, I spend a good deal of front end time making sure that costing information is accurate and I also make an effort to share my costing information with the negotiation team so that we start the bargaining season with an agreed upon “apples to apples” comparison. Essentially, we are developing costing proposals from the same spreadsheet workbook.
Try to avoid wearing the “black hat” during the negotiations process. We are fortunate that our board has supported hiring Ray and Associates in Cedar Rapids to assist us at the table during negotiations. While I still maintain a good deal of authority over the process from the district standpoint, it is nice to have another resource to “deliver the message” and work toward common ground in reaching a settlement. It is also important to spend time with your chief negotiator or team to develop strategy prior to the season getting under way!
Slide 3:
The negotiation process can be messy and I believe that at the end of the day if both parties can celebrate some victories and languish in some defeats then you probably had a fair process. In our case, we exchange open proposals on the same afternoon and make an effort during those open meetings to find dates on calendars that work for future discussion and proposal exchange. I make every effort to try to minimize the number of dates that we will meet to discuss the contract prior to moving to the mediation process. I have found in our casethat the mediation process spurs both sides closer to reaching an agreement and generally we have settled contracts within a couple weeks of the mediation process. I cannot speak with experience to the arbitration process as we have not during my tenure reached that level of negotiations.
Slide 4:
Each of you may find your context in which you will employ bargaining strategy to be different. In my case, Benton Community has not taken the leap in faith to the Interest Based Bargaining model. However, I do believe the pendulum has swung over the years of my experience where the culture for bargaining is more cooperative in nature, rather than being militant. If you are faced with a difficult situation with regards to the relationships and experiences of negotiation history, I would encourage you to seek ways to improve the relationship. It is also important to establish a professional relationship with the ISEA representative working with the association team in your district. Again, my recent experience has been very positive on that front and it goes a long ways toward making the process run smoothly.
Slide 5:
Don’t personalize the conversation around the table or differences in how the district and association may perceive or have strong beliefs around certain contractual matters whether they be mandatory topics of bargaining or permissive topics of bargaining. In addition, it is a good idea to annually do an audit of your Master Contract to determine strengths and/or weaknesses as it relates to mandatory topics and where you may have some control over addressing permissive topics of bargaining. This is an area where I lean on Ray and Associate support and if you are the primary negotiator with no outside support, you may want to have legal counsel for the district providing support in this area.
Slide 6:
Be vigilant in staying grounded throughout the highs and lows of the process! Don’t personalize positions, posturing, emotions that are part of the game plan strategy of negotiations. At the same time, stay firm and committed to the things you value the most and make sure your integrity and belief system is not compromised.
Slide 7:
You will need to decide how you are going to proceed with the initial exchange and I would recommend this not be a surprise at the first open meeting. In my experiences, it has been agreed upon that the association will present their initial proposal followed by the District initial proposal on the same date – one meeting following the other. Be sure to post your initial meeting date as it is an open meeting.
Take time to establish the ground rules for the closed bargaining sessions as this can go a long ways to improving effectiveness and efficiency. You will also need to decide how you will address the TA process during the negotiations process – as you go or as a total package at the end of the journey!
Slide 8:
Roark offered some very valuable advice this month in his message in the SAI Report that is very applicable to navigating the negotiation process:
- Be sensitive to the fact that there are other viable views beyond the ones you hold.
- Model character, integrity and professionalism throughout the process – at the table and away from the table!
- View the challenges of the process not as a trial but instead as an opportunity!
Slide 9:
There are many resources to be utilized throughout the bargaining process. Consider colleagues that have “been through the wars” is questions or conflicts arise. Professional organizations can also be a resource including SAI, IASB, ISFIS, and others. A couple of books that I would recommend are Everyday Negotiations and Getting to Yes.
Slide 10:
Sometimes it is important to take a step back – reflect – contemplate – debate – take a deep breath before making final decisions regarding the negotiations process. Be careful of making decisions for the district if you are not in a frame of mind to do so (ie, over tired, stressed, pressed, etc.) This will not serve you are the district well! I will conclude with my favorite leadership quote and I do believe it has relevance to this work and your ability and effectiveness in navigating the negotiation process: "If you think you're leading and look behind and no one is following, you're just out for a walk."