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Collective Bargaining: Definition and Structure essay assignment
Collective Bargaining is an activity whereby union and management officials attempt to resolve conflicts of interest by exchanging commitments in a manner intended to sustain and possibly enrich their continuing relationship.
Interest disputes
Bargaining Structure
Two general dimensions
Employee groups
Pattern Bargaining
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Pattern bargaining is used to describe a situation where union or management negotiators informally attempt to extend a negotiated settlement from one group to another.
Whipsawing
Whipsaw bargaining strategy
Lock-in agreement
Coordinated bargaining
Leapfrogging
This strategy attempts to use the most recent contracts in the industry, even if not your own, as the starting point for extracting further concessions.
The Bargaining Unit
Refers to the employees and employers who will be bound by a negotiated labor agreement.
Appropriate bargaining unit (ABU) (First example in Exhibit 6.1
Single Employer, Multiple ABUs
Single contract, multiple groups (Second example in Exhibit 6.1)
Nonmandatory subject of bargaining
Mandatory subjects of bargaining
Multiple Employers, Multiple ABUs
Centralized bargaining (industry-wide bargaining) (Third example in Exhibit 6.1)
Multi-employer bargaining units
Council bargaining (Fourth example in Exhibit 6.1)
Degree of labor intensiveness
Negotiation Preparation Activities
Selection of the Negotiating Team and Related Bargaining Responsibilities
Characteristics of an effective negotiator (Exhibit 6.2)
Personality factors
How many negotiators?
Management considerations
Union considerations
Proposal Determination and Assessment
Formulating Proposals
Analyzing contract language
Examining prior arbitration decisions
Economic and legal information
The Bargaining Range
A one-issue example
Resistance point
Target point
Bargaining range (Exhibit 6.4)
Contract zone
A multi-issue example
Utility
Package proposals
Costing Contract Proposals
Cents-per-hour cost
Roll-up factor
Understanding Collective Bargaining Behavior: A Framework
Walton and McKersie’s four bargaining processes
Distributive and Integrative Bargaining: Two Different Approaches
Distributive bargaining
Integrative bargaining (interest-based bargaining, mutual gains bargaining or win-win negotiations)
Resistance point
Strategies and Tactics
Persuasive arguments
Objective evidence
Painting a picture
Summarizing bargaining progress
Presenting a bargaining proposal in writing
Nonverbal cues
Bargaining caucus
Use of positive reinforcement
Linking issues (package proposals) (Example in Exhibit 6.4)
Matching concessions and splitting-the-difference
The bargaining Power Model
Factors Potentially Affecting Both Bargaining Power Equations
Factors Affecting a Union’s Disagreement and Agreement Costs
Claims of proponents and opponents of public aid
Factors Affecting Management’s Agreement and Disagreement Costs
Complexities Associated with the Bargaining Power Model
Attitudinal Structuring
Walton and McKersie suggestions
Intraorganizational Bargaining
Ethical and Legal Considerations in Collective Bargaining
The Legal Duty to Bargain in Good Faith
Good faith bargaining
Type of Bargaining Subject
Illegal bargaining subjects
Mandatory bargaining subjects (Exhibit 6.7)
Mid-term bargaining
Good faith bargaining impasse
Effects Bargaining
Voluntary bargaining subjects
Specific Bargaining Actions
Per se violations
Inability to pay
Unwillingness to pay
Requirements of information request
Totality of Conduct
Totality of conduct doctrine
Boulwarism
Examples of bad faith bargaining
Bargaining over Managerial Rights
Reserved rights doctrine
Short-form management’s rights clause
Long-form management’s rights clause
Successor Employer Bargaining Obligations
New employer
Successor employer
Successorship clause
Collective Bargaining under Bankruptcy Proceedings
Approval of bankruptcy conditions
Legal Remedies Associated with Violations of the Duty to Bargain in Good Faith
Board remedial orders
Proposed Labor Law Reforms
Contract Ratification
Contract ratification vote
Explanation of Voting Behavior
Reasons for Rejection of Tentative Contract Agreements
