ACSA’s 2014 Personnel Institute

Capable Crew: Building Your Negotiating Team For Success

October 9th, 2014

Presented byMichelle L. Cannon, ShareholderRoman J. Muñoz, Shareholder

Introduction

This session will cover: Selecting members of your team Assigning roles to each member of your team Training, priorities and communication Tips for success

Creating a Bargaining Team

Introduction: The decision about who makes up your bargaining team is critical! If bargaining is to be genuine and effective then the right people must be there. Employer and union representatives have a central role to play because only they can bargain for a collective agreement. With that role comes the responsibility to advance the interests of those they represent.

Creating a Bargaining Team, cont’d.

Team Development: certificated vs. classified? One of the most important parts of the pre-bargaining

process is the selection and assignment of the bargaining team members.

Seek Input: Gather input on the selection of the team from the superintendent, central office administration, principals, other supervisory staff and your board.

Creating a Bargaining Team, cont’d.

Chief Negotiator: Consider the relative merit of a chief negotiator from “within.” A chief negotiator from within will be more familiar to the union’s team and will have a more thorough knowledge of the district.

Consider an “outside” chief negotiator. They may be more skilled in the bargaining process and may help preserve good relationships between those within the district.

Look for a chief negotiator with certain knowledge, experience, skills and personal characteristics. They should have experience in employee relations, bargaining, mediation and fact finding.

Creating a Bargaining Team, cont’d.

Chief Negotiators Should: Possess strong skills in the following areas:

Communications Organization/listening/problem analysis Problem solving Power of persuasion

Possess the following personal characteristics: Honesty Integrity Patience Tolerance Consistency Sense of humor

Creating a Bargaining Team, cont’d.

Should the Superintendent be a member of the team? Should the CBO be a member of the team? Should board members be on the bargaining team?

Factors to Consider: Familiarity Trust Balance Knowledge of issues Skills and characteristics Ability and desire to make time commitment

Creating a Bargaining Team, cont’d.

Other Considerations: Strengths and weaknesses of potential team members A balancing of personalities How many is too many or too few?

Roles of Bargaining Team Members

On a good bargaining team, just as on a baseball or football team each member should play a distinct position. No base should be left uncovered.

The Chief Negotiator: is the spokesperson for the bargaining team. He/she does all (or most of) the talking in the negotiating sessions (except when a particular person is delegated to speak) and calls all the plays. Although any team member may suggest a caucus, it is the Chief Negotiator who actually calls the caucuses. In essence, the Chief Negotiator is the team’s quarterback.

Roles of Bargaining Team Members, cont’d.

The Assistant Negotiator: acts as the Negotiator’s right hand. He/she knows what piece of paper the Chief Negotiator will need next, and has it ready. The Assistant Negotiator receives notes (suggesting caucuses, etc.) from other members of the team and knows when to pass them on to the Chief Negotiator, and when not to interrupt.

Roles of Bargaining Team Members, cont’d.

The Recorder: keeps notes on all items needed for the team’s official bargaining record (i.e. all items discussed in negotiations and the disposition of each, times and lengths of caucuses and recesses, who was present for each side, adjournment time of each session, etc.). Here you need someone who is a good listener and an accurate reporter.

The Recorder’s official report will become extremely important if you should get into fact-finding later on, as well as for determining the intent of the contract language in grievance cases.

Roles of Bargaining Team Members, cont’d.

The Scout: acts as an extension of the eyes and ears of the Chief Negotiator, observing carefully the behavior and reactions of the union’s bargaining team. He/she notices: changes in facial expressions; bored, nervous or agitated mannerisms; exchanged whispers or glances, who leaves or enters the room when, etc.

The Scout takes brief notes and reports to the Chief Negotiator– by note, if it is highly important– or in caucus.

The Scout must not only be alert and observant, but also good students of human nature.

Role of Bargaining Team Members, cont’d.

The Ammunition Gatherer: takes verbatim notes during negotiating sessions on anything the other side says that might later prove useful in reporting either to your board or members of the public, which might be needed if there is a dispute later about interpretation of the terms agreed upon.

Ammunition Gatherers should make notes not only on inflammatory negative statements by the union’s spokesperson, but also on useful positive admissions, to get them on the record.

Roles of Bargaining Team Members, cont’d.

Example of Ammunition Gatherer’s Notes:

R.H. “I don’t care if parents think we run our classrooms like prison guards. Half our students are juvenile delinquents and we have to keep them in line.” OR

R.H. “We know that dealing with no tell days is very difficult for the district and is a cost that could otherwise be used

elsewhere . . .”

Roles of Bargaining Team Members, cont’d.

Ammunition Gatherers need to be good listeners, accurate note-takers and they also need a “good nose” for news.

Obviously your team won’t repeat things that were said in strict confidence off the record. If bargaining is going well you won’t repeat every ill-tempered or rash statement the opposition makes. But when the going gets tough, it helps to have some live ammunition at hand.

Role of Bargaining Team Members, cont’d.

Whatever their designated roles, all members should take their own notes, for their own purposes. Such notes should be dated, signed, filed in an orderly manner and kept.

One person can keep track of everything, but together your combined notes should provide a comprehensive record of what went on in bargaining. You’re very likely to have occasion to need such records in the future.

Note: If yours is a three member team, its easy enough to adapt the above line-up. Just combine the Assistant Negotiator’s role with that of the Scout, and have the Recorder act as Ammunition Gatherer as well. Don’t ask the Chief Negotiator to do anything else– that job is enough for any one person!

Training, Priorities and Communication

Providing training for your bargaining team will ensure they are familiar with the legal obligations associated with bargaining and assist your team to operate in accordance with the duty of good faith.

This training can be a simple discussion about good faith or a more complex approach to team participation in the process.

Training is key to avoiding unintended unfair practices as well as to getting the results you want.

Training, Priorities and Communication, cont’d.

Training can also cover important topics such as: EERA in general Concepts of good faith Confidentiality Ground rules in bargaining Holding constructive conversations Creative thinking Creative problem solving

Training, Priorities and Communication, cont’d.

Priorities: Give careful consideration to the financial health of the district Consider the impact of particular salary increases and projected

insurance increases Consider other areas of the contract with financial implications Consider recent issues that may need to be resolved contractually Consider input gathered from the superintendent, other administrators

and the community Consider the benefits of contract analysis. Meet with the board’s chief

negotiator in executive session when setting goals and parameters. Be sure there is a common understanding.

Training, Priorities and Communications, cont’d.

Very Important to Remember:The goals and parameters set by the board should be broad enough to provide the board’s chief negotiator with sufficient flexibility.

Communications: There should be a discussion, first amongst your team, and then at

the table regarding what kind of communications will come out of negotiations. This can be included in the ground rules.

Consider whether you prefer joint communications or separate. Either the chief negotiator or the superintendent should regularly

keep the board informed on the progress of negotiations.

Training, Priorities and Communications, cont’d.

Consider a strategic communication plan Audience: board, cabinet, union leadership, employees, parents,

public, media? Who has authority to speak to identified audience. Communicate with employees first-they don’t want to be

updated by the newspaper! Seek union agreement on facts and figures where possible.

Communications must be timely and factually accurate

Energizing your Team

Creative Thinking With your Team Negotiation involves parties looking for options to reach

agreement. There is skill involved in engaging in a constructive conversation across the bargaining table.

Different training techniques can assist you to expand your thinking before you narrow the ideas down again and evaluate them for usefulness.

There are two methods commonly used by groups to assist creative thinking:

Energizing your Team, cont’d.

1. Brainstorming with your team (or both teams)The purpose of brainstorming is to generate as many ideas as possible in a safe and supportive environment. Don’t be afraid of new ideas. Brainstorming can help a team to open up their thinking when ideas have become too narrow, you need to challenge the thinking of your team, or if you are up against a brick wall in bargaining.

Energizing your Team, cont’d.

Remember that at the start of this process:There are no bad ideasEnsure there are lots and lots of suggestions– the stranger

the betterEncourage people to build on what others have suggestedWrite all the ideas on the white board or butcher’s paper

where everyone can see themNarrow down the ideas: Cluster ideas together; discuss

and agree on the key themes; explore those new ideas as a team

Energizing your Team, cont’d.

2. Other Points of View• The purpose of exploring other points of view is also about

extending thinking, working out different ways of presenting the important issues, and pre-empting how the other side might think.

• You are not trying to find the one and only way to say something but to think of alternatives to the way you are presenting it now.

• You can work with the whole team

Energizing your team, cont’d.

Team Discipline: Team discipline is essential to bargaining success Team discipline consists of two ingredients: the internal

self-discipline of each individual member and the group discipline among all team members

Don’t do anything that telegraphs your strategy, or that signals weakness.

All team members must know the strategy and tactics you are going to use, and everyone understands the signal

Energizing you Team, cont’d.

Remember: Set ground rules for your own team to follow Establish clear roles and responsibilities (see Roles of

Bargaining Team Members above) Maintain administrator/management decorum at all times–

just because they melt down or act out on the other side, resist the urge to do the same

Always focus on your Board’s priorities

Tips for Success

Twenty Tips for Success: 1. Each time you present a proposal, try to tie it to a priority

of the Board and to a principle that the union can support. 2. Personalize the good, and depersonalize the bad. If the

union’s speaker takes a constructive attitude, give him/her credit for it.

3. Consider the impact of location on bargaining. 4. When faced with refusal, ask “Why?” Keep asking open-

ended questions until you reveal the union’s true position.

Tips for Success, cont’d.

Twenty Tips for Success, Cont.: 5. Keep bargaining on target and moving along– avoid

tangents. 6. Keep yourself on target and never forget that your

object is to reach agreement. Resist the temptation to preach, teach, or filibuster.

7. Stay “on the side of angels.” Keep your proposals linked to the welfare of children, the good of the community, and the creation of a sound educational program.

Tips for Success, cont’d.

Twenty Tips for Success, Cont.: 8. Use emotional outbursts or anger very sparingly– if you feel

uncontrollably furious, tearful, or frustrated– cool it or call for a caucus. 9. Assume that the union will accept your proposal. Don’t display a

lack of confidence in the reasonableness of your proposal. If you show that you think the union will reject your proposal, they probably will.

10. Keep to your assigned roles on the bargaining team no matter what happens or how the union tries to disrupt your team dynamic.

11. Be prepared! Your team should meet well in advance to discuss strategy, priorities, prepare proposals and counter proposals. You will be in a superior bargaining position of you are 100% ready when bargaining at the table.

Tips for Success, cont’d.

Twenty Tips for Success, cont’d.: 12. Anticipate and understand the issues that will arise and the

reasons for, and likely effects of, what might be proposed. 13. Always understand the duty to bargain in good faith, including the

need to make sure your board is kept informed of the direction being taken in the bargaining.

14. Ensure your team has the time away from the workplace to conduct bargaining successfully– i.e. CBO or supt. not leaving for other meetings or work related commitments.

15. Invest in your team by appointing members with the appropriate authority and by providing training.

16. Have proper facilities with extra room for caucuses.

Tips for Success, cont’d. Twenty Tips for Success, cont’d. 17. Consider who is on the other party’s bargaining team and whether there

are relationships that can be drawn on to aid orderly and effective bargaining. 18. If possible, try to have someone on your team who has been around for a

while to act as a sort of historian in case the association’s team brings up the past as a reason to change, or not change, language for the future. A little historical knowledge can go a long way.

19. Start building your negotiations binder in an organized manner so that it is easy to convert to a binder that can be used in fact finding. Hopefully you won’t need it for that purpose, but it will be infinitely more difficult to that binder together at the end of the negotiations process.

20. Don’t forget to laugh some times! The negotiations process is very important, but it can be at times a little frustrating, so make sure to occasionally interject a little humor both with your team, in a caucus, and at the table.

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Thank You!

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