APPA Business & Financial ConferenceSeptember 20,2004Session 10

Getting the Most Out Of Your Negotiations

M. Scott Milinski

Know Your Realistic Bargaining Power

Your Key Issues & objectives

Your Authority at the Table

Settlement Trends

“Politics”

Preparation

Wage and Benefit Comparables Financial Costs Meet with Policy Makers Input from Mgrs/Supervisors

Bargaining Team Roles

Chief Spokesperson

Note Taker Operations Specialist Observer Mgmt Identity

Ground Rules forNegotiations

Gives Either Side The Advantage

Ground Rules

Location Meeting times Recording devices Size of Teams Initial Proposals (Who goes first)

Order of proposals 1st Non economic 2nd Economic) Caucuses Media Tentative/Final Agreement

Initial Proposals

Get Union To Go First!

Receiving Proposals Listen and Clarify Do Not Add to the Proposal

Be Non Adversarial

Ask for Justification

Ignore Ridiculous Proposals

Identify Their Priorities

Presenting Proposals Sales Presentation

Opening Statement

Set the Tone, Send a Message

Explain and Justify Interests (Save some arguments for later)

Your Proposals are Valuable

“Table Manners”

Bargaining is a “Ritual” Small leading to Important

Not Always a “Tea Party”

Union Team Union Leader is a Political Figure

Little is Gained by Making Other Side Look Bad

Treat Each Other with Respect

Caucus/Recess if Union is Abusive

Your Team Be Prepared for the Session!

Control Your Side

Planned Outburst can be Useful

Humor can be Valuable

Proposals

“Good Until Close of This Session”

“Right to Return to Any Previous Position”

Package Your Proposals

Read Your Proposed Changes

Counter Proposals Get Union to Rely on Your Proposal Keep the Initiative!

Add a Concession You Make to Your Package

Note Every Concession You Make

Make Your Move After a Caucus

Remember Sign Off on Easy Proposals First

Small Concessions Early

Do Not Ask for Something You Already Have

Do Not Change Contract Unless Change is Intended

“Cosmetic” Changes are Dangerous

Also Do Not make Two Moves in a Row

Ask Union for a Counter Proposal

Tentative Agreement Contingent on Final Package

Have an Impasse Strategy

Seek Legal & Technical Counsel

Drafting Language Avoid Different Terms for Same Meaning

“Employee” vs. “Member” “Day” vs. “Calendar Day”

Avoid Different Meanings for Same Word

Employee “Pay” vs. “Compensation”

Use Examples for Clarity Use Language No Broader than Necessary Be Organized (article, section, etc)

Drafting Language Use Examples for Clarity

Use Language No Broader than Necessary

Careful with “Hedge” Phrases “whenever possible”

Be Organized (article, section, etc)

Concluding Negotiations Do Not Offer Best Package Too Early

Benefit of a Deadline

Retroactivity

Re Openers

Publicizing Mgmt’s Position

Union Ratification

Union Can Sell the Agreement to Its Members Better Than You

Do Not Discuss Agreement Details with The Media

Wrap Up Meet with Managers, Supervisors

and Staff on Contract Changes

Organize your “Binder”

Make Notes & Observations

Begin Preparing for Next Contract Negotiations

Contract Administration You Do Not Administer the

Contract

It is Bargained, But it May Not be Implemented

Staff and Line People can Give Away What You Bargained

Supervisors/Mgrs Must be Competent in Employee and Labor Relations

Train: Contract, Discipline, Grievances, Union Relations, etc

Develop Competency

NPELRA Nation Public Employer Labor

Relations Association(npelra.org)

Annual Training Conference April 10 – 14, 2005Pier 66 Fort Lauderdale

Master Certification in Labor Relations Academy I Foundation of Labor

Relations

Academy II Arbitration Process

Academy III Negotiation Process

Formal Paper

Academy Dates 2004 Oct. 16 II, Phoenix, Arizona Dec 9 II, East Lansing. Michigan 2005 Feb. 3-4 I & III, Minneapolis, MN April 10 II Fort Lauderdale, FL June I,II & III, Chicago, ILL Sept./Oct. Northeast

“Hot Topics” Public vs. Private Sector

Pay/Benefits Pension & Health Costs Stream Lining HR GASB-Termination Pay Changing Workforce National Security