Transcript Document

Interest-Based Bargaining
A New Form of Partnership?
 Explore business case for labormanagement “Partnerships”
 Provide conflict management context for
interest-based problem solving
Review Interest-Based Problem Solving
(IBPS): preparation, process, and results
 Offer multiple Case examples of IBPS use
Labor-Management Partnerships
 Partnership is a strategic alliance between
the parties – adopted when the business
case for doing so is uncovered by both
 Partnership requires a change in mindset,
practices, and results – a cultural shift
 Interest-Based Problem Solving – is a
“best practice” when you are resolving
issues first from a partnership perspective
The Business Case for Partnerships
 Are there external forces of change that have
financial, operational, and/or political implications
in the way you conduct labor relations?
 Is there competition for certain classifications of
workers…where it would be worthwhile to increase
attractiveness to such workers by being seen as the
“best” to work for?
 Have the direct and indirect costs of the way in
which labor relations is conducted been estimated?
Consequences of Unresolved
Conflicts
Roles of Managers in Partnerships
PAST PRACTICES
PARTNERSHIP PRACTICES
• Control the work of
employees
• Create opportunities for
extensive worker participation
• Limit jobs to simple
tasks
• Expand jobs to be multi-skilled,
meaningful and challenging
• Reward employees as
individuals
• Involve and consult with the
union as important stakeholder
• Manage around the
contract
• Share economic gains with the
workforce – pay for group and
departmental improvements
Roles of Union Reps in Partnerships
PAST PRACTICES
• Job Classification
• Grievance Handling
• Collective Bargaining
• Contract
Administration
• “Service Focus”
PARTNERSHIP PRACTICES
• Greater control over daily
decisions
• Participate on important
committees
• Involvement in business &
economic Issues
• Interest-based problem solving
& bargaining
• Focus on an active workforce
• Increase training opportunities
for the workforce
Results of Well Managed Conflict
• Trust built
• Performance enhanced
• Resistance lessened
• Creative solutions found
• Drama, development, and
growth stimulated
Resolution and Results
Issue
$
$$$$
Days
Voluntary
Educate Talk it Out
Years
Involuntary
Mediate Investigate Test case Arbitrate
Conflict Management
Assessment *
Disputes



Types
Number
Nature
Resolution Methods



Procedures
Who Uses
How Chosen
Results
Time
 Cost
 Durability &
Satisfaction

* 1996, Costantino and Merchant
Auditing Dispute Resolution Costs
Direct Costs:
• Outside counsel and internal staff salaries
• Preparation, presentation, time away from
job
• Travel and administrative expenses
• Cost of 3rd party and of settlement
Indirect Costs:
• Dissatisfaction, morale & productivity
• Settlement impact on workforce
© 1998, Christina S. Merchant
Stressed System*
Power
Rights
Interests
* © Ury, Brett, and Goldberg, 1988
Effective
System *
Power
Rights
Interests
* © Ury, Brett, and Goldberg, 1988
Problem Solving
Spectrum
Facilitated
Factfinding
Advisory
Negotiated
Preventive
Imposed
Voluntary
Issue/Dispute
Involuntary
Choosing the Best
“Fit” between Problem and Process
Interest-based
Rights-based
Balanced Problem Solving
Interest-based
Rights-based
IBPS Preparation
Scope of the issue?
Type of decision needed?
What data required to begin?
Orientation
Facilitation
Logistics
Timeframe
 How will we measure success?
 Where does issue go if we fail?
Ground Rules: Effective Problem Solving
1. Test assumptions and inferences
2. Share all relevant information
3. Use specific examples and agree on what
important words mean
4. Discuss undiscussable issues
5. Focus on interests, not positions
- Roger Schwarz, The Skilled Facilitator, 1994
Steps in Interest-Based Problem
Solving (IBPS)
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•
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Clarify Issue
Identify Interests/Reframe issue
Brainstorm Options
Evaluate Options with Criteria
Review and Discuss
Consensus Solution
“Talk Story”
• Those who have a story about the problem
to be solved share those stories briefly
• Rest of the group listens actively to
understand the dimensions of the problem
and the concerns of those who have
experienced the problem
• Aim for no more than a total of 15 minutes
for the stories to be told
Step One: Clarify the Issue
• The WHAT to be addressed,
including its component parts
• State the problem as a question and
in a positive fashion
• Define the problem so each member
clearly understands it
. . . A problem well stated is a
problem half-solved.”
Source Unknown
Step Two: Identify the Interests
• Interests are reasons WHY the issue is a
problem, so “peel the onion” with
“why?”
• Identify all interests (e.g., needs, fears,
concerns, desires, hopes)
• Recognize the legitimacy of all interests
• Remember to look back at the issue and
reframe to capture all of the interests
The Challenge of Identifying Interests!
Positions
“Why?”
“Why?”
Interests
Do you need more information before proceeding?
Data
In order to understand the issue better:
• How often does it happen and to what degree?
• Which units or classifications are affected?
• Should you actually see the area or process?
In order to brainstorm meaningful options:
• How have other institutions, groups, or units
handled the problem?
Step Three: Brainstorm Options
How the problem can be addressed
• Use brainstorming to be creative and
prolific without pre-judgment
• Capture all ideas and keep in front of
problem solving group (chart)
• Be open to possibilities - think “outside the
box”
Effective Problem Solving
Focus
(What?)
Discuss
(Why & How?)
Narrow
Decide
Step Four: Evaluate Options
Criteria state the “qualities or facets of
a good solution”
• Use A-B-C criteria at first and define
A – Achievable (Workable)
B – Believable (Acceptable)
C – Cost Effective (Affordable)
Step Four: Evaluate Options, Cont’d
• Use matrix, symbols ( & ?’s) and
nonverbal thumb signals (
) to expedite
• Group member polls others: reads option &
members put thumb up ( ) or sideways (?)
• Matrix points out early agreements and
problem areas
Step Five: Review and Discuss Results
• Collect parts of solution agreed to, then go to
options with 1 or 2 ?’s
• Questioners present concern or need for
information…others either clarify, give
information, or suggest amendments
• Work through the matrix together, building
agreement and solving concerns
Do you need more information before proceeding?
Data
In order to understand how an option would work:
• Check with constituents?
• Research the practice?
• Create a period of experimentation?
• Perform a live “test”?
• Observe its use in another site?
Step Six: Reach Consensus Solution
 Look back at problem and ensure solution is
comprehensive
 Draft solution & re-check consensus
 Develop implementation plan with timeline
and responsibilities
 Communicate with constituents
 Measure and evaluate effectiveness of
solution
Consensus
“The collective opinion formed by a group
of people working together where each
person feels he/she has had a fair chance
to influence the decision, understands the
decision, and is prepared to support it.”
Consensus Scale
 Wholehearted Support
 OK, but. . .- minor heart palpitation
 Concerns - more heart-to-heart
talk needed
 Heartburn - MUST Talk (group not
ready to make decision)
 Over My Dead Body!!! - Coronary Block
Some Keys to IBPS Success
• Prepare to be successful
• Use an experimental mindset
• Let go of the past temporarily
• Adjust the process as needed
• Use a facilitator
• Be truly open to possibilities
• Make “joint-ness” an imperative
• Remember, No Surprises!!
Diffusion of IBPS Use: Examples
• RN Bargaining Units at each of 13
Hospitals – handling strike type language
issues
 System wide and local for certain
issues
 Ongoing effort using IBPS
• System-Wide: Bleed over of practices of
IBPS in most recent city-wide bargaining
 QWL issues being handled with IBPS
Diffusion of IBPS Use: Examples
• Hospital-Specific:
 Used in Departmental LMC problem
solving
 Partial use in layoff and financial
crises
• Nursing Home-Specific:
 Used for “culture change” initiatives
 Statewide (New Jersey- for profit)
Company specific
Diffusion of IBPS Use: Examples
• Capacity Building
 Extensive training of facilitators
from various institutions in how to
support IBPS use
Development of best practice model
by the Labor Management Project to
work out the “kinks” in the process
and share lessons learned
 Training and discussion at most
conferences