8/6/2019 Short Piece on the Principles of Collective Bargaining

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AFT Union Leadership Institute

Sound Principles for Effective Bargaining

1. Analyze every proposal to determine its economic and human costs.2. Offer counter proposals to diffuse the offending parts of the employers position

and float trial balloons to test the validity of different solutions.

3. Clarifythe terms of agreement to avoid misunderstandings later.4. Defend your rights as a union and those of your members.5. Avoid using terms such as our last, best and final offer or this is a strike issue

unless you are willing to stake your reputation as a negotiator on the outcome.6. Bargain in good faith. But remember that good faith bargaining does not require

you to agree to any proposal that is not in your best interests. You never give upyour right to say No.

7. Consider that the other team has to save face if it is to maintain the support of itsconstituents. Make it clear to them that your face is worth saving too.

8. Keep in mind that the contract is of no value if it cant be enforced. Anticipategrievances on every issue and decide whether your position can be sustained in

arbitration before you sign-off.9. Evaluate all offers carefully. Conditional offers are permissible. If a package ofcounter proposals is offered with the understanding that rejection of any part ofthe package means rejection of all of it, dont try to pick and choose the things youlike.

10.Choose your words carefully. Say what you mean and mean what you say.11.Understand the law and rules of procedure in your jurisdiction. Are there strike

notices required? What are the mediation deadlines or impasse procedures? Thelaw is not always your friend, but if you dont know how it works, it will be yourenemy.

12.Communicate with your bargaining unit to be sure your positions reflect the needsand desires of the membership. Remember that whatever you agree to will have tobe ratified.

13.Knowjust how far the membership will allow you to go in your search for anagreement. Fall-back positions are part of the process. It is rare that your originalproposals survive the bargaining process.

14.Prepare for the worst, hope for the best. The entire strategy to be used by the team,from ground rules to ratification, should be well thought out. Be flexible, but know

what the ultimate outcome is likely to be. If a strike is possible, prepare as early asyou can. Be so well prepared that the employer will not be willing to test eitheryour strength or your resolve.

15.Remember that the goal is to get a contract and to build the union. Perfectagreements are seldom achieved. The art of compromise is not pretty. But it isbetter to have a solid foundation of which to build membership support than asplintered bargaining unit with divided loyalties.