1 / 39

Peter Silveri MASB Labor Relations Consultant Micki Magee MASB ERIN Program Manager

MASA 2010 Midwinter Conference Detroit, Michigan January 28, 2010 Negotiations Strategies for These Times. Peter Silveri MASB Labor Relations Consultant Micki Magee MASB ERIN Program Manager. NEGOTIATIONS STRATEGIES FOR THESE TIMES. Using Data at the Bargaining Table Sources of Data

robyn
Download Presentation

Peter Silveri MASB Labor Relations Consultant Micki Magee MASB ERIN Program Manager

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MASA2010 Midwinter ConferenceDetroit, Michigan January 28, 2010Negotiations Strategiesfor These Times Peter Silveri MASB Labor Relations Consultant Micki Magee MASB ERIN Program Manager

  2. NEGOTIATIONS STRATEGIESFOR THESE TIMES Using Data at the Bargaining Table Sources of Data Approaches to Bargaining Impasse and Beyond

  3. USING DATA • Tell the district’s story ... Paint the district’s financial picture. • Be precise with budget data. • Be realistic with projections.

  4. USING DATA

  5. USING DATA

  6. USING DATA

  7. USING DATA

  8. District Finances

  9. USING DATA • A great summary: “Simply put, our financial obligations have increased dramatically and our revenue hasn't.” The source? MEA “Answers to Your Questions about Budget Crisis” MEA Voice (April 2003)

  10. USING DATA

  11. USING DATA

  12. DATA SOURCES • State of Michigan Financial Data / Projections • Citizens Research Council of Michigan • http://www.crcmich.org • Employer-Sponsored Insurance Comparative Data • Kaiser Family Foundation • http://kff.org/insurance/employer.cfm • Michigan School Databases (contracts, insurance info) • Mackinac Center for Public Policy • http://www.mackinac.org/10361

  13. DATA SOURCES • Comparisons to Other Districts • MDE (Bulletin 1014) • http://www.michigan.gov/mde/0,1607,7-140-6530_6605-21514--,00.html • Searchable Comparative Data • MASB’s Employment Relations Information Network (ERIN) …

  14. MASB’S ERIN™

  15. MASB’S ERIN™

  16. MASB’S ERIN™

  17. MASB’S ERIN™

  18. MASB’S ERIN™ Bulletin 1014 – NEW search function

  19. APPROACHES One overriding approach in these troubled times … SHARE THE RISK • If… • foundation, overall revenue, enrollment, insurance premiums go up/down/sideways • Then… • compensation increase, no change, or decrease In reality, these days it’s often since… then…

  20. approaches • ISSUES Make district finances/compensation the only issue. • STRATEGY Be proactive in using data at the table. • TONE Defend the Board’s position firmly and aggressively. • TIME Be strategic. • SETTLEMENTS Be creative.

  21. IMPASSE AND BEYOND The Public Employment Relations Act (PERA) states that “to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith …”

  22. IMPASSE AND BEYOND An Important Note “Bargaining in good faith” does notcompel the employer to agree to a proposal or require the making of a concession.

  23. IMPASSE AND BEYOND We can give you great insurance with a more reasonable premium! You’re trying to kill my family! Don’t mess with my MESSA!!! What is “impasse”?

  24. IMPASSE AND BEYOND The Michigan Employment Relations Commission (MERC) has defined impasse as: “That point in bargaining when further negotiations would be futile.”

  25. IMPASSE AND BEYOND Case law has further defined impasse as that point in negotiations where “the parties’ positions have so solidified that further bargaining on the subject matter is obviously useless.” Note that it takes time to solidify.

  26. IMPASSE AND BEYOND The situation determines whether the parties are at impasse, not simply the declaration of one party or the other.

  27. IMPASSE AND BEYOND Are we at impasse? Ask this question… “We have no room to move … do you?” (or similarly, “We’ve made our final offer…”) Remember the element of time. The key is to have an accurate diagnosis of where this round of bargaining is headed. Time can be saved in the initial stages of bargaining.

  28. IMPASSE AND BEYOND A non-mandatory (“permissive”) subject of bargaining cannot be taken to impasse. The mandatory subjects of bargaining are: wages, hours, and working conditions.

  29. IMPASSE AND BEYOND We’re at impasse. Now what? • Mediation is the continuation of the collective bargaining process with the influence of a third party. • Mediators are MERC employees and assigned by MERC.

  30. IMPASSE AND BEYOND • The mediator attempts to assist the parties in reaching an agreement through conciliation or through the making of informal recommendations. • Proposals, ideas, and recommendations put forth in mediation are non-binding and confidential.

  31. IMPASSE AND BEYOND • We’re still at impasse. Now what? • Fact Finding is when the parties mutually select a 3rd party or an independent 3rd party is appointed by MERC to conduct a hearing. • At the hearing, the employer and the union present exhibits (“facts”) and witnesses in defense of their respective bargaining table positions.

  32. IMPASSE AND BEYOND • The Fact Finder issues a recommendation. • The recommendation is non-binding, but it is a publicdocument.

  33. IMPASSE AND BEYOND The significance of impasse? During impasse, the duty to bargain is suspended until relevant circumstances change.

  34. IMPASSE AND BEYOND Impasse allows the employer to unilaterally implement all or part of its pre-impasse proposal. Have mediation & fact finding occurred? Use caution – consult your legal counsel.

  35. IMPASSE AND BEYOND Impasse and “Necessity” Is immediate action required? The school calendar?... …YES An operating deficit?.. …NO

  36. IMPASSE AND BEYOND Even if you’ve implemented, it’s “over” onlywhen the agreement has been ratified by the Union and by the Board of Education.

  37. QUESTIONS…

  38. FURTHER QUESTIONS… Peter Silveri masb-silveri@wowway.com Micki Magee mmagee@masb.org

More Related