What is Offensive Bargaining?

Transcript What is Offensive Bargaining? - National Federation of Nurses

2013 NFN Labor Academy Amy Hauschild Lorraine Seidel S

Objectives

At the conclusion of this presentation, participants will be able to: S 1. Describe five common pitfalls we may face in the negotiating process S 2. Describe seven offensive strategies for responding to employers who refuse to bargain in good faith

Ideally…..

“Nurses should never have to join a union” AGREE OR DISAGREE?

Remember your most recent negotiations when….

The negotiating process was ideal?

Nurses were respected !!

Nurses were equal players !!

Nurses’ concerns were met with welcoming interest !

Management was eager to agree to Nurses proposals!

Contracts were settled stress free!!!

Right

It’s not the 80’s anymore

The 80’s brought union shops

The 80’s provided annual increases in excess of 14%

Union busters were not yet a budget line for employers

Patient care actually mattered to some

IBB or IBS?

Times have changed Economy Affordable Care Act Anti-worker sentiment 1% Greed accelerates

Rough Times Call for Unity & Strength

When the ideal doesn’t work

Workers are on the defense

There is a need to move to the OFFENSE if we are going to win strong contracts!

Bargaining with the full force and effect of every assertive and courageous act and strategy we have at our disposal collectively

Refusing an attitude of concession

Some Common Pitfalls

Five Common Pitfalls That Can Occur in the Negotiating Process

Pitfall # 1 Our Negotiating Committee May Not Be Fully Prepared

S What happens?

OFFENSIVE BARGAINING STRATEGY # 1

Provide Negotiating Committee Boot Camp

S NC Boot Camp is an educational process of training and development of bargaining skills, strategic thinking, short and long term goals. S Boot Camp Achievements: S S S S S S Knowing the Goal Leading the Role Reading the Signals Moving the Strategy Seeing the Deal Seizing the Moment

Pitfall # 2 We May Not Have Completed our Research

S What happens?

OFFENSIVE BARGAINING STRATEGY # 2

Do Foundational Bargaining Research

S Research should always include: S S Examination of Hospital Funding & Finances Examination of Hospital Governance & Structure S S S S S S Investigation of BOD and other principles (law firm, consultants) Analysis of Bargaining history and mid-term issues Consultation with members as to priorities Analysis of other contracts within the System and identification of all precedents and potential of one’s proposals to either augment or damage precedent Collaboration with other unions within the System Costing out the Proposals

Pitfall # 3 We Don’t Have an Offensive Game Plan

S What happens?

OFFENSIVE BARGAINING STRATEGY # 3

Develop a Plan that is Grounded in Strength

S The absence of an offensive bargaining plan will leave the negotiators powerless Approaching the campaign from a position of strength and offensive strategy will encourage/empower Members, unsettle Management and level the playing field

Pitfall # 4 We Haven’t Fully Engaged Our Supporters

S What happens?

OFFENSIVE BARGAINING STRATEGY # 4

Enlist the Members & Engage the Community

S The Negotiators are not the power base S The Members will drive the success or failure of a comprehensive contract campaign S Un-enlisted Members are untapped capacity S Community drives the revenue S Community builds the pressure

A Campaign with member and community support is ALWAYS a campaign !

Pitfall # 5 We are Fearful of Being Fearless

S What happens?

OFFENSIVE BARGAINING STRATEGY # 5

Face Fear Head On

The fear of being fearless is toxic and paralyzing S The failure of the negotiation can be in direct proportion to the degree of fear that is visible to Management S

The success of the bargaining campaign will be in direct proportion to the degree of courage that is visible to Management. Courage is not the absence of fear but the ability to act in its presence.

Fearless is a form of resilience, that prevails in adversity. Fearless is acting as though one is unaware of danger, if only for the moment.

Offensive Bargaining Strategies

Seven More Offensive Bargaining Strategies For Responding To Employers Who Refuse to Bargain in Good Faith

O.B. Principle # 1

Know Your Employer

Never lose sight of employer intent

The more you know, the more you know, making research work for your members

The Employer is your equal at the bargaining table, not your superior

O.B

Principle #2

Expose surface bargaining

Surface bargaining is disingenuous and can be exposed through the offensive strategy of information requests.

OB Principle # 3 Request information relentlessly

Bargain over every detail

The more outrageous the employer’s proposals, the more opportunity to expose their impracticality

Every time the union makes information requests, the employer is put at risk

OB Principle # 4

Avoid Impasse: Stay in the Weeds

Avoid impasse by bargaining over insubstantial issues .

Indicate a willingness to consider all proposals

provided that

all the details are worked out. Then dig in

OB Principle # 5

Control the process

Take charge of the bargaining

Set the tone on your terms in big ways and small

Escalate with confidence

Set your own time table

Never surrender

OB Principle # 6

Involve your members

Ask their opinions

Keep them informed

Give them one manageable responsibility

Give them another manageable responsibility

Build on their participation

OB Principle # 7

Make Everything Work in Your Favor (22 ideas to get you started)

Bargaining location

Ground Rules

Time your proposals

Do not reject employer proposals, use them

Determine what is important

Piecemeal bargain the employer’s list

Make the most insignificant employer proposals the center of your attention

Reach agreement where you can

Take verbatim bargaining notes and review before each session

Make self-serving statements

Avoid heated arguments

Let the employer talk, and talk, and talk

Bargain the details now, not wish you had.

Consult experts, bring them to the table

Bargain interim issues, including disciplines, incidents, decisions

Caucus strategically

Compel the employer to change its representatives at the table

Search for inconsistencies, illegalities, contradictions in employer’s position

Mine for unfair labor practices

Drop information in your Table Talks that you want employer to know

Never let them see you sweat!

Have fun! You are building unity and strength in the workplace!

References

Rosenfield, D. (1995). Offensive Bargaining: Negotiating Aggressively in Contract Campaigns. National Labor College. Silver Spring, MD. George Meany Center for Labor Studies.

Seidel, L. (2008). No Cowards Here: Bargaining With Courage. Lecture. Leadership Conference. Newburgh, NY.