News

Introduction

I recently received a question from a Federal Government member who was wondering what happened to the proposal he submitted and why it wasn\'t included in the arbitral award. The proposal was relatively inexpensive and technically easy to implement so why it wasn\'t included in the final agreement? Good question.

The recent launch of our web-based bargaining proposal manager, the announcement that we are accepting proposals for NAV CANADA bargaining and this member\'s question all make ftime to explain the collective bargaining process in a series of questions and answers.

What is collective bargaining?

Collective bargaining is a process by which a union and an employer negotiate to reach an agreement on terms and conditions of employment. It isn\'t a technical exercise (though some of the topics might be highly technical) and there is no magic formula or single answer to any problem or question. The goal is to converge on a single agreement acceptable to both sides.

Where do the proposals come from?

The union\'s proposals come from two main sources: you -- the individual member -- and the Business Office staff. By and large, members tell the Local what they would like to see in their collective agreement. The Business Office provides input based on problems (real and potential), grievances, and in support of the union\'s overall strategy.

What kinds of proposals are acceptable for bargaining?

Local 2228 encourage members to submit whatever proposal is on their mind. Local 2228\'s believes that its member knows what is best for them -- this is one of our strengths. However, two types of proposals add little value to the bargaining process. First, proposals for specific wage increases are of little value. Your negotiating team takes it for granted that you want a pay increase. And the amount will be determined by many factors unrelated to any specific proposal. Second, the union cannot realistically consider \"negative\" proposals. These proposals are an attempt to block changes to certain parts of the agreement such as \"Do not give up double-time.\" No matter how important the subject might be to an individual member (or group of members) it\'s impossible to avoid discussing the subject if the employer tables it. With the exception of these two caveats, anything goes.

How does the union rank the proposals?

Individual member proposals are ranked by Unit and Regional committees. Proposals recommended by the Regional Steering committees and proposals from the Business Office are vetted and ranked by the National Steering Committee. Many factors are considered as part of this process. They include:

• Who is affected by the proposal and how? Are many members significantly affected or do a few members receiving a minor benefit?
• How urgent is the proposal? What harm will come if we don\'t make gains in this round? Or is it something that can wait until some future round of bargaining?
• What is the main purpose of the proposal? To correct an error in the collective agreement? To improve existing working conditions? To break new ground in rights and benefits?
• What is the proposal\'s relative importance? Is it a strike issue? Would you build a case for it in arbitration? Is the team willing to cause an impasse if the proposal isn\'t agreed to at the negotiating table?

Finally, and most importantly, is there sufficient evidence to support the proposals?

How much weight is given to membership support?

Some members believe that identical proposals from many members guarantee the subject will get tabled in bargaining. This is true but only to a point. The number of proposals on a particular topic sends a clear message that the topic is important (at least to those that proposed it) but broad membership support doesn\'t always change the proposal\'s ranking. If many members wish to support a particular proposal, I would recommend one member submit the proposal on behalf of the others and attach a sheet with the names and signatures of the other members. This will clearly show the support behind the proposals without burdening the steering committees with dozens of identical proposals.

What kind of information helps the negotiating team?

As you know, the Local strongly encourages members to support their bargaining proposals with facts and evidence. The kind of information helpful to the negotiating team depends on the proposal you\'re submitting. If the proposal is to improve an existing benefit (or create a new one) then the negotiating team needs examples of other unions (ideally within the same employer) receiving similar benefits. This is the most persuasive information.

On the other hand, if the proposal intends to solve a particular problem then much more information is required. Ideally, your negotiating team needs to know the following:

• What problem is solved?
• Who is affected by the problem? What departments or sections?
• How widespread is the problem? How many members are affected? Across a broad geography or local site?

Clearly answering these questions can be the difference between a successful outcome in bargaining or the negotiating team being force to drop the issue because it can\'t make a case.

What is the negotiating team\'s authority?

Occasionally members will ask about the negotiating team\'s authority to make certain decisions. As a general rule, negotiating teams are delegated the authority to reach tentative agreements with the employer. In doing so they must be reasonably confident that they have reached the best deal achievable in a reasonable period of time and that it will be supported by the majority members. In working towards an agreement the negotiating team has the authority to drop any of the union\'s proposals or accept any of the employer\'s proposals. No matter what happens at the table, the members have the final say during the ratification process.

How does the negotiating team make decisions?

All of the negotiating teams I have lead make decisions by consensus ? it is the only way in my view. Votes can be divisive and create a win/lose environment within the team. This can destroy the team\'s cohesiveness.

My personal style is to let the negotiating team work through the issues at their own pace and in their own time. I try to avoid participating in the discussion if the team is having difficulty making a decision on a particularly thorny issue. I prefer to check-in from time to time and confirm their understanding of the issue to avoid a false consensus.

Throughout the bargaining process, the negotiating team will use the same information and guidelines used by the steering committees. This ensures consistency in the decision making process. Even though the same process is used to set priorities, it\'s possible for the negotiating team to come to a different conclusion than the steering committees. This is to be expected because the negotiating team has access to one additional piece of information no steering committee has: the views of the employer.

Why does the union drop proposals?

It\'s important to remember that there are only three possible outcomes for any bargaining proposal: it is either accepted by the opposing side at the table (with or without modification), dropped by the party that tabled it, or forced on the other party by means of a strike/lockout or in binding arbitration (e.g. Federal government severance pay). So if you can\'t reach an agreement at the table and the subject isn\'t serious enough to justify an impasse, the proposal will get dropped and it won\'t appear in the final settlement. The negotiating team exercises its best judgment to advance bargaining at a reasonable pace while keeping the members wishes in mind.

Conclusion

Collective bargaining is not an exact science. Negotiating team members are forced exercise judgment on difficult problems under stress without precise information. The only thing they know for certain is that at least one member will be unhappy with their decisions. I hope these Q\'s and A\'s have given you a better appreciation for the collective bargaining process as well as the challenges to reaching an acceptable agreement. If you have any further questions, please do not hesitate to contact me.

In solidarity,
Daniel J Boulet
Business Manager / Financial Secretary