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Overcoming the Pitfalls Of Bargaining

Overcoming the Pitfalls Of Bargaining. 2013 NFN Labor Academy Amy Hauschild Lorraine Seidel. Objectives. At the conclusion of this presentation, participants will be able to: 1. Describe five common pitfalls we may face in the negotiating process

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Overcoming the Pitfalls Of Bargaining

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  1. Overcoming the PitfallsOf Bargaining 2013 NFN Labor Academy Amy Hauschild Lorraine Seidel

  2. Objectives At the conclusion of this presentation, participants will be able to: • 1. Describe five common pitfalls we may face in the negotiating process • 2. Describe seven offensive strategies for responding to employers who refuse to bargain in good faith

  3. Ideally….. “Nurses should never have to join a union” AGREE OR DISAGREE?

  4. Remember your most recent negotiations when…. • The negotiating process was ideal? Nurses were respected !! Nurses were equal players !! Nurses’ concerns were met with welcoming interest ! Management was eager to agree to Nurses proposals! Contracts were settled stress free!!!

  5. Right

  6. It’s not the 80’s anymore • The 80’s brought union shops • The 80’s provided annual increases in excess of 14% • Union busters were not yet a budget line for employers • Patient care actually mattered to some

  7. IBB or IBS? • Times have changed Economy Affordable Care Act Anti-worker sentiment 1% Greed accelerates

  8. Rough Times Call for Unity & Strength • When the ideal doesn’t work • Workers are on the defense • There is a need to move to the OFFENSE if we are going to win strong contracts!

  9. What is Offensive Bargaining? • Bargaining with the full force and effect of every assertive and courageous act and strategy we have at our disposal collectively • Refusing an attitude of concession

  10. Some Common Pitfalls Five Common Pitfalls That Can Occur in the Negotiating Process

  11. Pitfall # 1Our Negotiating Committee May Not Be Fully Prepared • What happens?

  12. OFFENSIVE BARGAINING STRATEGY # 1Provide Negotiating CommitteeBoot Camp • NC Boot Camp is an educational process of training and development of bargaining skills, strategic thinking, short and long term goals. • Boot Camp Achievements: • Knowing the Goal • Leading the Role • Reading the Signals • Moving the Strategy • Seeing the Deal • Seizing the Moment

  13. Pitfall # 2We May Not Have Completed our Research • What happens?

  14. OFFENSIVE BARGAINING STRATEGY # 2 Do Foundational Bargaining Research • Research should always include: • Examination of Hospital Funding & Finances • Examination of Hospital Governance & Structure • Investigation of BOD and other principles (law firm, consultants) • Analysis of Bargaining history and mid-term issues • Consultation with members as to priorities • Analysis of other contracts within the System and identification of all precedents and potential of one’s proposals to either augment or damage precedent • Collaboration with other unions within the System • Costing out the Proposals

  15. Pitfall # 3We Don’t Have an Offensive Game Plan • What happens?

  16. OFFENSIVE BARGAINING STRATEGY # 3 Develop a Plan that is Grounded in Strength • The absence of an offensive bargaining plan will leave the negotiators powerless Approaching the campaign from a position of strength and offensive strategy will encourage/empower Members, unsettle Management and level the playing field

  17. Pitfall # 4 We Haven’t Fully Engaged Our Supporters • What happens?

  18. OFFENSIVE BARGAINING STRATEGY # 4 Enlist the Members & Engage the Community • The Negotiators are not the power base • The Members will drive the success or failure of a comprehensive contract campaign • Un-enlisted Members are untapped capacity • Community drives the revenue • Community builds the pressure A Campaign with member and community support is ALWAYS a campaign !

  19. Pitfall # 5We are Fearful of Being Fearless • What happens?

  20. OFFENSIVE BARGAINING STRATEGY # 5 Face Fear Head On The fear of being fearless is toxic and paralyzing • The failure of the negotiation can be in direct proportion to the degree of fear that is visible to Management • The success of the bargaining campaign will be in direct proportion to the degree of courage that is visible to Management. Courage is not the absence of fear but the ability to act in its presence. • Fearless is a form of resilience, that prevails in adversity. Fearless is acting as though one is unaware of danger, if only for the moment.

  21. Offensive Bargaining Strategies Seven More Offensive Bargaining Strategies For Responding To Employers Who Refuse to Bargain in Good Faith

  22. O.B. Principle # 1Know Your Employer • Never lose sight of employer intent • The more you know, the more you know, making research work for your members • The Employer is your equal at the bargaining table, not your superior

  23. O.B. Principle #2Expose surface bargaining • Surface bargaining is disingenuous and can be exposed through the offensive strategy of information requests.

  24. OB Principle # 3Request information relentlessly • Bargain over every detail • The more outrageous the employer’s proposals, the more opportunity to expose their impracticality • Every time the union makes information requests, the employer is put at risk

  25. OB Principle # 4Avoid Impasse: Stay in the Weeds • Avoid impasse by bargaining over insubstantial issues . • Indicate a willingness to consider all proposals provided that all the details are worked out. Then dig in.

  26. OB Principle # 5Control the process • Take charge of the bargaining • Set the tone on your terms in big ways and small • Escalate with confidence • Set your own time table • Never surrender

  27. OB Principle # 6Involve your members • Ask their opinions • Keep them informed • Give them one manageable responsibility • Give them another manageable responsibility • Build on their participation

  28. OB Principle # 7Make Everything Work in Your Favor(22 ideas to get you started) • Bargaining location • Ground Rules • Time your proposals • Do not reject employer proposals, use them • Determine what is important • Piecemeal bargain the employer’s list • Make the most insignificant employer proposals the center of your attention

  29. Reach agreement where you can • Take verbatim bargaining notes and review before each session • Make self-serving statements • Avoid heated arguments • Let the employer talk, and talk, and talk • Bargain the details now, not wish you had. • Consult experts, bring them to the table • Bargain interim issues, including disciplines, incidents, decisions

  30. Caucus strategically • Compel the employer to change its representatives at the table • Search for inconsistencies, illegalities, contradictions in employer’s position • Mine for unfair labor practices • Drop information in your Table Talks that you want employer to know • Never let them see you sweat! • Have fun! You are building unity and strength in the workplace!

  31. References • Rosenfield, D. (1995). Offensive Bargaining: Negotiating Aggressively in Contract Campaigns. National Labor College. Silver Spring, MD. George Meany Center for Labor Studies. • Seidel, L. (2008). No Cowards Here: Bargaining With Courage. Lecture. Leadership Conference. Newburgh, NY.

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