Labor Relations: The Meet and Confer Process

the union to make concessions (e.g., agree to no raise). The union, for its part, sometimes enters into the process to obtain power sharing and/or a resolution of all of its perceived problems in the workplace. The key to success is creating realistic expectations. Initially, by understanding that interest- based bargaining is not a “cure all,” and that it requires a long-term commitment, a recognition that mistakes and problems will occur, and the willingness to regularly check the progress of the process.

iii. Conditions for Success



Commitment

 Management Must Recognize Legitimacy of the Union



Long Term Orientation

 Careful Consideration of Proper Linkage Between Traditional Bargaining and Problem Solving



Establish Realistic Expectations

 Labor-Management Cooperation Programs Should Avoid Entanglement in Internal Politics

 Ownership May be Lost If Too Much Weight Placed on Role of Neutrals

 Crucial Information Must be Available to Both Parties

 Both Sides Must Articulate Objectives

 Both Sides Must Listen to One Another

 Constituent Communication is Essential

 Relative Equality of Power between Union and Management



Trust

C. A GREEMENT AND I MPASSE

1. D RAFTING THE A GREEMENT Being the one to draft agreement language affords an advantage and imposes a disadvantage. The advantage is the element of control to ensure that the language correctly reflects the agreements reached. The disadvantage is that in the event the language is not completely clear, any later disputes concerning the intended meaning or effect of the language will tend to be interpreted against the drafter of the language by a court or an arbitrator.

On balance, it is suggested that the agency representatives draft the language, relying on any union proposed language to the optimum extent consistent with the agency’s interest.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 65