October 24, 2006 Negotiations Update (53k )

The bargaining season is upon us and it’s time to choose a bargaining team. One of the first tasks is to determine who will represent the board during negotiations. Teams should not consist of those who “drew the short straw” but be carefully selected for their skills. The composition of the bargaining team depends on factors including the history of negotiations, the size of the team, the designation of a spokesperson or chief negotiator, the bargaining style you want your team to adopt, team-effectiveness characteristics and other stylistic themes.

Think about expertise, continuity and stability when selecting bargaining team members. Institutional memory and knowledge of local issues and the negotiations process are essential. Because negotiations often occur over an extended period, bargaining team members should be individuals whom you can expect will be in the district for a while. The bargaining style of the representatives on the district’s team should also be compatible with the board’s goals. For example, if the goals focus on winning major improvements in management rights or concessions in salary and benefits, a more assertive and aggressive style of bargaining is probably going to be required. If the focus is on the relationship between the parties, a more collaborative approach is best. Either way, individuals on the bargaining team need to be comfortable with and able to operate using whatever style is necessary to achieve the goals established by the board.

Time commitment is necessary for those you place on the district’s bargaining team. Negotiations can require many hours at a time for days or weeks. This lengthy process becomes lengthier when individuals on a team can’t perform their bargaining duties. On the flip side, negotiators’ other responsibilities can suffer because of commitments to the negotiations process.

While statute requires that parties to the contract bargain in good faith, it does not require either side to have a bargaining team. ORS 243.712 provided our traditional bargaining process, and bargaining teams grew out of that process. Face-to-face negotiating has as much effect on the outcome of bargaining as the substance of the proposals on the table. Emotion and personality play key roles in acceptance or refusal of proposals. Agreements are best made in discussions with those of like mind and keen insight.

When determining which elements of the organization should be represented on the bargaining team, consideration should be given to the following:

The board and its superintendent should work together to select the appropriate team, beginning with the chief negotiator, their spokesperson. Will the team be led by a professional negotiator or a district board member or superintendent? Consider the expertise of the negotiator and her or his knowledge of the issues to be bargained. The chief negotiator must be able to see the process through to its end.

He or she must be competent and willing to explain proposals, persuade the opposing team, and speak from a consistent viewpoint. Each person on a bargaining team may have an understanding of what they are seeking but a different way of explaining it. Too much discussion at the table from members of one team may confuse the other team. 

The team should include one or two board members -- never a quorum of the board. The board is the governing body tasked with ratifying any agreement, and representation at the table ensures board knowledge and oversight as well as accountability to the constituency that elected them. If you select two board members, select them to represent a variety of your board’s interests. For example, if you have five board members, three of whom are likely to put more into salary and two who would rather put that money elsewhere, do not select both “anti-salary-increase” members for the bargaining team. Representatives of different viewpoints will mean more productive discussions and tentative agreements that better reflect the board as a whole.

Placing new board members on the team simply because they are new is troubling. You may have no choice, but try to pair a new board member with a seasoned board member who has a solid understanding of negotiations and district history.

The superintendent, the district CEO, should be on the bargaining team. The superintendent must carry out the contract and directives of the board, so it is vital that he or she be involved in constructing the CBA. The superintendent should be actively involved in drafting proposals and in all caucus discussions. If the superintendent is not at the table, ensure that there is a direct phone line to him or her or that the superintendent is in the building during negotiations and is available to join team caucuses. Because a new superintendent should be establishing credibility and positive relationships with employees, the bargaining table may not be the best place for him or her to be.

The business manager, the money person, should be on the bargaining team. The business manager often has his or her own credibility with union team members. It may be helpful to have the business manager present the budget issues and the perspective of the board and its proposals. This presentation should not be geared toward persuading the union to accept the district proposal but toward informing the union of the board’s understanding about the budget and proposal costs. Primarily, the business manager should serve as a resource to verify the impact of each union and district proposal.

A building administrator who communicates directly with teachers and is tasked with the practical applications of the CBA should be on the team. A principal or vice principal, especially one aspiring to a superintendency, will benefit the team by providing insight about the realities of proposals and their consequences. Inclusion of administration from various grade levels (elementary, middle and high school or program areas) help ensure that the impact of union proposals can be assessed.

Have someone take meeting minutes or record the meetings electronically. Do not rely on the opposing team’s recorder. Someone chosen by the district will be sensitive to statements important to the district. A tape recorder (one should be available as an option) may make the other team uncomfortable and hinder the free flow of discussion. After choosing your team, ensure that they spend time preparing as a group so they understand the board’s goals and the negotiations process.

Know why you have chosen team members. When selecting a bargaining team, consider experience, institutional memory, viewpoints, personalities, responsibilities and credibility.