Focus on the most essential issues and practices facing professionals who work directly with unions and union contracts. Arm yourself with easy-to-apply tools for confidently handling unions at the bargaining table, in grievance meetings and in arbitration. Never again be at a disadvantage.
This class has been approved for 23.75 general credit hours toward PHR, SPHR and GPHR recertification.
Day One: 1-4pm Collective Bargaining: How Do You Begin?
Selecting the bargaining team and defining the roles to be performed
Assessing the union's team
Developing language proposals - Identifying the real problem - How to convert a manager's need into a contract demand
Developing an economic negotiating position - Costing a contract - Market, industry and community considerations
How to structure the initial proposal - The use of straw men
Day Two: 8:30am-Noon Collective Bargaining: The Content of a Contract
Important contract clauses - Management rights - Union security - No strike clause - Seniority provisions - Grievance/arbitration
Dissecting contractual language - Terms of art in contracts - Pro-company vs. pro-union language - How arbitrators find intent
Day Two: 1-4pm
The first meeting goals and objectives
How to say no
Value of caucuses
The art of signaling
When and how to show movement
Keeping your powder dry
The psychology of bargaining - The importance of process - The importance of risk evaluation - The importance of need identification - The importance of crisis - The importance of resolution
Summary and mock negotiation exercise
Day Three: 8:30-11:30am Contract Administration
Post-negotiation matters - Drafting the new agreement - Preserving your bargaining history - Communicating the new agreement to employees - Assessing how well the organization accomplished its goals - Supervisory training on the new agreement - Preventing supervisors from giving back what you fought to obtain - Monitoring new or changed provisions - Record keeping - the first step toward preparing for the next negotiations
The union steward - The proper role - Controlling the runaway steward - Weingarten Rights - What they are and what they are not
Day Three: 12:30-3:30pm Effective Contract Administration and Enforcement
The anatomy of a collective bargaining agreement - What is it and how does it work?
Practical suggestions for getting the most out of the agreement
Designing an employer friendly grievance procedure
Keeping employee complaints from becoming grievances
Day Four: 8:30-11:30am Contract Administration
Contract interpretation grievances - How your contract can and should be applied.
Discipline and discharge grievances - Due process, progressive discipline, to settle, to fight, to win
Breaches of the no strike clause
The duty of fair representation-Its impact on employer grievance resolution
Day Four: 12:15-3pm Arbitration
The legal setting - Can the dispute be arbitrated? Is the decision really final and binding?
Arbitration strategy and tactics
Pre-hearing preparation - Winning your case before the hearing starts
The arbitration hearing - Witness presentation, burdens of proof, rules of evidence
Post-hearing persuasion, the closing argument, post-hearing briefs
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