Benefits and Learning Outcomes ▼
- Learn the legal, tactical and strategic elements of the collective bargaining process
- Examine successful techniques for dealing with union situations
- Analyze important contract clauses
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Course Outline/Topics ▼
Program Agenda
Day One: 8:30am-Noon
Collective Bargaining: What You Need to Know About the Law
- An introduction to the statutory duty to bargain
- Mandatory, permissive and illegal subjects of bargaining
- Elements of good or bad faith
- Impasse and why it is important
- The duty to furnish information
- Strikes and lockouts
- Illegal strikes
- Replacement workers
- Violence
- Enforcement of contracts
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
- Employee communications
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
- Understanding timing
- 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
- How arbitrators really decide who wins
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