Journal of Collective Bargaining in the Academy
Volume 0 National Center Proceedings 2016
Article 52
September 2016
Workshop: Collective Bargaining and Labor
Relations Training for New Administrators and
New Union Representatives - Introduction to
Collective Bargaining
Conrad Bowling
FMCS
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Part of the Collective Bargaining Commons, and the Higher Education Commons
Recommended Citation
Bowling, Conrad (2016) "Workshop: Collective Bargaining and Labor Relations Training for New Administrators and New Union
Representatives - Introduction to Collective Bargaining," Journal of Collective Bargaining in the Academy: Vol. 0, Article 52.
Available at: http://thekeep.eiu.edu/jcba/vol0/iss11/52
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Introduction to
Collective Bargaining
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Introductions & Expectations
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Collective Bargaining
Collective bargaining is an economically rational behavior engaged in by
two competing interest: employers and labor unions.
Settlement between the two parties is reached at an equilibrium point at
which both employer and employee perceive that they will be better off if
they agree than if they do not.
In the case of college faculty bargaining, the union’s major goals are
improved financial compensation, job security, and reduced work loads.
Institutions of higher education, however, seek to conserve their scarce
resources in order to maximize productivity, particularly in regard to
institutional quality. (Leslie & Hu, 1977, p. 33)
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Definition of Collective Bargaining
The performance of the mutual obligation of
the employer and the representative of the
employees to:
 meet at reasonable times
 confer in good faith
Section 8[d] of the National Labor Relations Act
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
What’s covered by an academic collective bargaining agreement?
 Wages
 Compensable benefits
 Merit
 Hours (workload)
 Assignment of duties
 Other conditions of employment
 Evaluation
 Facilities
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Framework for Collective Bargaining
 Notices to bargain
 To meet at reasonable times
 Good faith bargaining
 Confer in good faith
 Mandatory, permissive, illegal subjects
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
When Bargaining Is Required
 Initial Contracts
 Renegotiations
 Reopeners
 Effects
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Steps of Negotiations
 Pre-Bargaining
 Bargaining
 Post-Bargaining
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Preparation for
Collective Bargaining
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Gather Information
 Sources of information
 Survey Constituents
 Current Contract
 Grievance History
 Business & Economic Trends
 Comparable (Salaries, Healthcare, etc.)
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Preliminary Proposal Wish List
 Assess critical issues
 Costing
 Evaluate and leverage positions
realistically
 Priorities and objectives
(sometimes called “bottom line”)
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Fundamentals of Collective Bargaining
Logistics and Administrative Issues
 Send proper notice
 Develop internal target dates for
bargaining objectives
 Public relations and image issues
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Establish and Prepare Team
 Identify lead spokesperson and other roles
 Review meeting protocol to be adopted
at the table
 Role of team
 Role of chief spokesperson
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Joint Sessions
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Preliminary Meeting
 Schedule
 Ground Rules
 Roles
 Confidentiality
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Fundamentals of Collective Bargaining
First Meeting (Initial Presentations)
Opening Statement
Initial Proposal Exchange
Information Requests
Housekeeping
Update Bargaining Calendar
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Early Meetings
 Process is underway
 Types of meetings:
 Joint sessions
 Caucuses
 Sidebar discussions
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Fundamentals of Collective Bargaining
Middle Meetings
 Typically begin to make movement on
minor issues
 Packaging & Trading
 May begin to target economic issues
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Closing Meetings
Focus is usually on major economic issues
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Fundamentals of Collective Bargaining
Settlement and Ratifications
 Tentative Agreement (TA)
 Wrap-Up
 Aftermath of Negotiations
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Post Bargaining
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Fundamentals of Collective Bargaining
Ratification With a Recommendation
Timing
How much information should be given to
ratifying body?
Has agreement been rejected previously?
Standing of Negotiating Committee
The quality of Agreement Endorsement of
Negotiating Committee
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Post-Bargaining Wrap-up
Post-Ratification Education
Internal
 From Management
 From Union Reps
External
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Fundamentals of Collective Bargaining
Completion w/o Recommended Offer
 Last Best and Final Offer (LBFO)
 Schedule another meeting
 Mediation or other 3rd party involvement
 Continue working under the existing
CBA with a contract extension
 Some form of job action
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Bowling: Workshop: Collective Bargaining and Labor Relations Training for
Fundamentals of Collective Bargaining
Possible Third Party Interventions
 Fact-finding
 Mediation
 Interest arbitration
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Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 11 [2016], Art. 52
Fundamentals of Collective Bargaining
Group Simulation
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