Welcome

1. Welcome Negotiating Skills Workshop Tutor Gary Hosgood

2. Introductions • Name • Workplace • Previous T.U courses • Neg exp? • Aims and objectives

3. U.NILO Right to Organize and to Bargain Collectively Convention, 1949 (No. 98) Article 4   Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements

4. In June 2007 the Supreme Court of Canada extensively reviewed the rationale for considering collective bargaining to be a human right. In the case of Facilities Subsector Bargaining Assn. v. British Columbia, the Court made the following observations: • ·The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work. • ·Collective bargaining is not simply an instrument for pursuing external ends…rather [it] is intrinsically valuable as an experience in self-government. • ·Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.

5. Voluntary frameworkProcedural & Substantive • Procedural Grievance and discipline policies Consultation and Information

6. Substantive Pay Hours Pensions Holidays Sick pay

7. Pre-negotiation stageEstablish a ‘Pay Talks Protocol’ Joint statement of objectives Format and discipline of the negotiators Timings Disclosure of information for bargaining Negotiating ground rules Bargaining scope and range Joint communications Reporting back process Decision making arrangements Joint ownership of agreements (monitor and review)

8. Negotiating Skills • Negotiation is defined as ‘a process for resolving conflict between two . . . parties whereby both modify their demands to achieve a mutually acceptable compromise’

9. Negotiating • Both parties are then jointly responsible for the mutually agreed decisions. • Each side must achieve something in the negotiation, which enables it to keep face with those whom it represents.

10. An effective negotiation is therefore where both sides consider that the agreement on balance is fair, with both sides making concessions from their original positions The behaviour contexts of negotiation are important in determining the climate of bargaining. E.G Personalities - The interests which they represent Negotiating

11. Agreements - Questions that must be addressed: • Why are we entering, or seeking to enter into, this agreement? • What do we want out of it? • What do they want out of it? • What do we want from them? • What do they want from us? • Is this reasonable? Is this compatible? • What contribution does the approach make to effective performance? • What are the problems and pitfalls inherent?

12. Bargaining Scope • Recognition agreement • Collective bargaining Units – level and scope • Pay and conditions • Consultation and Information • Time off arrangements • Equal Opportunities • Appraisals

13. Bargaining Scope continue • Recruitment, selection and promotion • Grievance and discipline policies • Redundancy • HR Planning • Training and development • Health, safety and environment

14. Negotiating Process • Objective-setting – Bargaining range- ISP, RSP, FBP • Preparing - Identifying, collecting and deciding how to use information. • Format - Establish jointly the format and time-scale for the meetings. • Team work - Lead negotiator, observer, note-taker/recorder

15. Negotiating Process stage 1 • Bargaining- Arguing • Each side makes opening statements and the arguments underpinning them – ISP (requires intense listening for all parties). • Question, Clarify (non- committal) • Adjourn if necessary • Challenge – set down makers “we will never agree to that” • Use risk free statements – “if we were to agree to that what if…” • Look for concessions and movement

16. Proposingstage 2 • Proposing An opening offer or claim is made (usually conditional) if we except ‘a’ will you consider ‘b’? ‘Convergence’

17. stage 3 • Exchanging and agreeing (trade off) If your side agrees to ‘a’? Then we will agree to ‘b’

18. Final Agreementstage 4 • Never agree until members/colleagues have given you authority. • Must be recorded in full detail as to what has and has not been agreed. Signed by both parties.

19. Adjournments • Frequent adjournments can be disruptive and may suggest a lack of cohesion or co-ordination • Time-scale must be realistic – stick to it!

20. Uses of adjournments include: • To consult privately when there is disagreements • To discuss a new argument • To evaluate progress • To allow for wider consultations • To accept or reject an offer • To re-group or to rest • To allow a cooling off period • To break off negotiation • To afford an opportunity for ‘off-the-record’ communications

21. Creative Approach to Negotiations • Argument over an orange. • The most obvious approach was to simply cut it in half, each person getting a fair share. But, when the negotiators began talking to each other, exchanging information about their interests, a better solution to the problem became obvious. • The person wanting the orange for juice for breakfast took that part and the person wanting the rind for making marmalade took that part. • Both sides ended up with more. Neither agreement is particularly creative. The parable of the orange becomes a story about creativity when both parties decide to cooperate in planting an orange tree or even an orchard