Bargaining 101
SAI Superintendent Mentor
Workshop
Jenifer Owenson
The background of Chapter 20
The law created in the mid ’70s
Met political resistance
Very little changes over the years
 In the last few years there have been
some changes to the law but fairly
insignificant.
Chapter 20
Requires all public employers to bargain
collectively with its employees
Mandates dates for bargaining
Mandates topics of bargaining
Public employees may not strike
What an Arbitrator is required to
review.
• Comparisons from
other districts
• Bargaining History
• Public Welfare
• Power to Levy taxes
Dates for process
• December-January (exchange of opening
proposals)
• January-February (bargaining process)
• February-March (mediation)
• April (preparation for arbitration)
• May (arbitration)
What’s the Goal?
• To get an agreement
without having to go
to binding arbitration.
Models of bargaining
• Traditional Bargaining
• Interest Based
Bargaining
• Independently
Developed Impasse
process
Picking the approach that works
for your district.
• What is your current
bargaining
relationship?
• How much time are
people willing to
invest?
• Are the parties
satisfied with the
outcome?
Who is on the Bargaining Team?
• Parties are free to choose
the representative, no matter
who.
• Smaller is better
• Involve people who know
about the day to day work
• Consider the
Superintendent’s role in the
process
What’s the role of the team ?
• Act as a team, not as
an individual
• Accept the role of the
chief negotiator
• Communicate with
principals not at the
table
What’s the Role of the Chief
spokesperson?
• Gain consensus
amongst the
bargaining team.
• Relay to the union the
bargaining team’s
position.
• Have the authority to
make the deal.
When and how should bargaining
begin?
Bargaining
• Hold closed strategy
sessions.
• Exchange proposals
by Dec. 15 in open
session.
• The parties can
bargain in open but
it’s recommended to
go into closed.
Strategy Sessions :What should
you bargain about?
• Some of the
bargaining agenda is
dictated by the Code
• Parties can decide
what subjects will be
handled from year to
year
• Problems with the
current agreement
Special Issues for 2013
• Evaluation by peers
• Health care reform
• Case law change on
what is considered
a mandatory subject
of bargaining.
What the Code says:
• Laundry lists of
mandatory subjects
• Permissive subjects
• Illegal subjects
How to “Prepare” for
bargaining
• Acquaint yourself with the
labor agreement.
• Ask about
problems/grievances that
arose during the
agreement.
• Think about the goals and
start drafting your initial
proposal.
When should you change the
language?
• Burden is on the
changing party to
show necessity for
change
• Do you have anything
to trade or buy the
proposal with?
• Change is incremental
What you should know before and
during bargaining?
• Have you had a strategy session
with the board to clearly
understand parameters, board
goals, how a wage increase will
effect the overall budget? (See
template for board presentation)
• How do your benefits and salary
package compare?
• What are other schools settling at
www.ia-sb.org?
What should be in the initial
proposal?
The district must respond
to the union’s proposal.
Your proposals for
changing language or past
practice.
Identify any other
additions, deletions,
corrections.
How Does A Bargaining Session
Start?
• Exchange of the initial
proposals
• Clarify the proposals.
Find out why changes
are being requested.
• Start evaluating
which portions of the
proposal you can or
can’t live with
How do you know if it’s a
priority?
• Refer often to the
mission, vision, and
goals of the school.
• Ask your team and the
union, “how does this
serve kids?”
Strategies
• Don’t be too eager to
agree to something
• Hold back on some of
the bargaining issues.
Some negotiators
suggest handling all of
the non-economics
first.
• Set your priorities
ahead of time
Negotiating
• Start offering
counterproposals, and
packages that the
district will accept.
• It takes
communication to
understand where the
parties differences will
be.
Bargaining Musts
• Agree on Ground rules
(See samples)
• Be clear
• Be trustworthy
• Seek to understand
• Respect each other’s
views
• A deal is a deal
Questions?