Collective Bargaining: Definition and Structure

Collective Bargaining: Definition and Structure essay assignment

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.