UNION CONTRACT NEGOTIATIATIONS HOW TO BE A SUCCESSFUL NEGOTIATOR

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By Dave Mathews

UNION CONTRACT NEGOTIATING

GETTING DOWN TO BUSINESS
GETTING DOWN TO BUSINESS

THE CARDINAL RULES FOR SUCCESSFUL UNION CONTRACTING

Throughout my 47 years in the work force in Canada, I have been a Union Organizer, a Union Steward, A Chief Union Steward, in both the public and private sectors.

I have assisted in re-writing contracts, taking Article by Article paragraph by paragraph apart in order to simplify the language and terminology, as well as the betterment of the contract for the workers.

I have served on negotiating committees in both the Federal and Provincial levels.

There are 5 key important rules for successful union contract negotiating.

Before you start to do anything say a little prayer and ask God to open the minds of management to receive your new recommendations. It always worked for me.

1. Be confident, making sure you are dealing from strength.

It is imperative that before you even think of entering into union negotiations with management, that you have a "Strike Mandate" signed and sealed on your person. This mandate shows to management that the workers you represent, are if necessary ready and willing to walk off on strike, and gives a tentative date of 30 to 45 days from the time that negotiations are deemed to have failed. This is the legal amount of time necessary for both sides to select an arbitrator for binding arbitrator if necessary. There is no way that management wants to have to close the doors of business, they would rather deal than have to have a strike called.

2. Be realistic with concerns to your demands, but aim high.

2 to 3 months before contract negotiations a team should pole the rank and file members as to what they think are the key issues that need to be addressed. ie. wages, benefits, paid lunch and break periods etc. Pick those issues that are of the most concern by the members, and select them as your key issues, the ones you are strongest about and won't waiver on. Anything that is of a monetary issue, aim high on your demands so as to leave a little room to bargain and negotiate, without giving in. When management sees you coming down even just a little, they will feel like they are succeeding.

3. Never back down on protecting past contract earned rights.

Points of issue that have been won in previous contracts, you should never allow to be re-opened by management in order to devaluate what has already been won and earned. The workers fought hard to earn those rights for themselves, and management has no right to try and "Claw back" any earned rights. Improvements to earned rights can be made by adding incentive clauses but never permit devaluation of any benefits.

4. Be open to new ideas and new thinking.

Management may wish to implement new ideas that could improve things for themselves as well as for the workers. Hear their ideas, pass them on for a feasibility study to see if the employees will benefit or not, and how.

5. Never let management think for a second that they have the upper hand on anything.

Any time management thinks that they have achieved the upper hand in the negotiations, they will try to apply stall tactics to try and slow things down this is where your strike mandate will play a big roll. Let them know that if they continue to stall, you will request an Arbitrator to take over the proceedings for binding arbitration and as soon as he sees that management is stalling things on purpose, he is more than likely going to rule in your favour on all or most aspects of the contract proposal.

As a Union negotiator, If you follow these 5 steadfast rules for negotiating any contract, you will come out victorious.

Comments

Hopmoney wizard profile image

Hopmoney wizard 2 years ago

Great tip. its going to useful for me as a union communication officer. thanks dave

Dave Mathews profile image

Dave Mathews Hub Author 2 years ago

Hopmoney wizard, The key points, the most powerful points are: To pray over the matter before entering the room with your negotiating team colleagues, and always always be sure that you have my Rule # 1, in your pocket. This allows you to negotiate from strength, the last thing management wants is a strike on their hands, so if you show them you have a mandate already in play they will think twice and negotiate in good faith. This is your, "Trump Card" the game winner.

prettydarkhorse profile image

prettydarkhorse Level 2 Commenter 2 years ago

well taken Dave and congrats for your job, I dont see any reason why the management cant say NO to you,hehe Bless, Maita

Dave Mathews profile image

Dave Mathews Hub Author 2 years ago

(Ate) Maita sweetie, thank you so very much for your vote of confidence. I'm so happy to see you looked at it.The one sure fire thing though is that GOD is not only consulted about the things you wish to negotiate, GOD is also invited to join the Union team. As a strong Union man, every Union I have been associated with over the years, is a strong believer in GOD and prays before any meeting for GOD to be present, and that hopfully the Will of the people,the workers, be the Will of GOD too.

Thank you again(Ate) Maita sweetie, and God Bless.

Sincerely, hug hug,

(KUYA) Dave.

Dave Mathews profile image

Dave Mathews Hub Author 16 months ago

Always Keep God in your negotiating team He is there to help His People always.

msms profile image

msms 16 months ago

Negotiations is an art that need great practice that you have mastered over 47 years ... long but deep understanding you have developed and have share with us in very understable form. Thank you Sir

Dave Mathews profile image

Dave Mathews Hub Author 16 months ago

msms: Put the knowledge to good use and if you have any questions just ask.

Tom Riordan 9 months ago

I work for a government agency(International airport) we have a no strike clause how do we get around this? walking in to negotiations

Dave Mathews profile image

Dave Mathews Hub Author 9 months ago

A "No Strike Clause" does not prohibit you and your co-workers from a "Work to Rule" slowing down things to a snail's pace if need be. Also if all of your co-workers are in agreement, you could all ban together in a sit in protest to get management to pay attention to your needs and demands.

Reynold Jay profile image

Reynold Jay Level 6 Commenter 8 months ago

Your five points sound good to me. Nicely written. I did hold a picket sign a few times in my work years.

Dave Mathews profile image

Dave Mathews Hub Author 8 months ago

As a long time contract negotiator I know this form works.

Paul 8 months ago

Dave,

Nice article, thank you. I'm currently in labor negotiations to ratify a contract for a group that until now has been management. We are a group of 60 or so energy disaptchers.

Any different advice for a group negotiating a brand new fresh contract with no past contract rights or victories in place?

Thank you.

Dave Mathews profile image

Dave Mathews Hub Author 8 months ago

Paul: My 5 key rules will also apply in your case.

Dealing from strength is the key. If the 60 member dispatchers have specific key power over what happens or doesn't happen then that power is your leverage. Use it and let the other side know that you will not back down and you are not afraid to do what is necessary, within the law to accomplish what you want to accomplish.

jack 8 months ago

Hi Dave, I work at a factory that has an association. Our contract is almost up for renewal. Can we hire someone to come in and negotiate for us or do we have to use our association members?

Dave Mathews profile image

Dave Mathews Hub Author 8 months ago

I'm not certain I understand your question. If you have a Union that you belong to, it is their obligation to represent you in contract negotiations, to present your request/demands, to management. It would be to the best interest of all the workers who come under your contract to get together with the head of this "Association" and begin working together to prepare your list for presentation. Don't leave this too long or you will find yourselves in a bad situation and vulnerable to management.

jack 7 months ago

I had hoped we could hire a professional because our president seems to side with management on most issues. Thanks so much for reponding!

Dave Mathews profile image

Dave Mathews Hub Author 7 months ago

There is a way around that dillema. This has to be done swiftly and together. You can decertify the union you are with but to do this you would invite a different union to represent you. This would require a majority vote by your members to decertify and to invite a different union and then the new union represents you in this process.

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