Interest Based Bargaining Basics Presented by Elizabeth B

Interest Based Bargaining Basics Presented by Elizabeth B. Valerio, Esq. Deutsch Williams Brooks De. Rensis & Holland, P. C. Boston, MA November 2, 2016

The Usual Disclaimer The contents of this presentation are for informational purposes only and should not be considered legal advice. 2

Brief Overview of Public Sector Collective Bargaining MGL c. 150 E

M. G. L. Chapter 150 E • The School Committee is the employer for collective bargaining. • The School Committee includes the municipal representative for purposes of collective bargaining. (MGL c. 150 E sec. 1) • Collective bargaining agreements cannot exceed three years. 4

GOOD FAITH BARGAINING • Bargain over mandatory subjects of bargaining • Meet at reasonable times. • Provide information. • Be prepared with proposals and responses to Union proposals. • Authority to reach tentative agreements. • Duty to support agreement. • Fulfill bargaining obligations. 5

MANDATORY SUBJECTS OF BARGAINING EXAMPLES: Wages Hours Conditions of employment Standards of productivity Process for performance evaluations • Class size • • • Benefits • Health Insurance • Breaks • Planning time • Contracting out bargaining unit work 6 6

Management Rights And Areas Not Subject to Decision Bargaining • Core Managerial Rights • Decision to reorganize • Decision to abolish a position • Minimum manning • Curriculum decisions • Level of service decisions • Superintendent’s authority to appoint teachers and supervisors 7 7

DECISION and/or IMPACT BARGAINING • Decision & Impact Bargaining: • Changes in mandatory subjects of bargaining within management’s control • Impact Bargaining Only: • Impacts regarding changes outside of management’s control • Impacts regarding decisions by management regarding non-mandatory subjects of bargaining 8

Satisfying Your Bargaining Obligations • Successor Bargaining • Negotiate to agreement or impasse • Impasse: • Mediation • Fact Finding (not Arbitration) • Negotiation over Fact Finder’s report resulting in either Agreement or Impasse. • If impasse is reached, the school committee implements its Last Best On-The-Record Offer 9 9

Satisfying Your Bargaining Obligations If agreement is reached, every member of the bargaining team is required to support the agreement with an affirmative vote. If no agreement is reached and the Committee has negotiated to impasse • Mediation to agreement or factfinding • Fact-finding • Negotiate over the Fact-finder’s report. After 10 days, the Factfinder’s report is made public • Negotiate to agreement or impasse. • If impasse, implement last best offer after the DLR has certified that the Committee has satisfied its bargaining obligations. . 10

Traditional Bargaining vs. IBB Traditional IBB • Proposal-based (the solution to a problem or issue is proposed) • Supported by explanation of need for proposed change • Frequently, party is represented by a chief negotiator who does most of the speaking • Interest-based (the need or concern related to the issue) • Parties work together to find solutions to meet the interest • Participation by all members of bargaining teams. • Facilitator is used in negotiations 11

Getting Started • Preparation • Training • Establishing ground rules 12

Preparation for Collective Bargaining • Review the current collective bargaining agreements for all bargaining units in the district. 13

Preparation for Collective Bargaining • Review unfair labor practice charges filed during the prior contract term. • Review grievances and arbitrations from the prior contract term. 14

Preparation for Collective Bargaining • • Determine the data that is needed Collect data (often done in IBB by a joint management –labor sub-committee) 15

Preparation for Collective Bargaining • Determine funding resources. • Identify likely and possible reductions in anticipated revenues. 16

Preparation for Collective Bargaining • In put from the Superintendent, Human Resources Director, and Principals. • Ask them to identify barriers in the CBA to meeting District objectives. • Ask them to identify issues and interests that would help them meet objectives and that would improve education in the district. 17

Preparation for Collective Bargaining • Establish realistic short-term goals • Establish and review long-term goals 18

Preparation for Collective Bargaining Select a bargaining team and engage labor counsel. (No quorum of the Committee at the table!) 19

IBB Training & Facilitation • Active listening skills • Conflict resolution skills • Participation by all members • Teamwork and consensus building 20

Establish Ground Rules Include the following: • All statements are “unofficial” and cannot be attributed to either party as bargaining history. • All agreements are tentative subject to final agreement being reached on an entire package. • The final agreement is subject to ratification by the union membership and approval by the school committee. 21

Ground rules should also address the following: • Schedule and target date for completion of successor collective bargaining agreement; • Cancellation of scheduled session(s); • Location for meetings, availability of equipment, refreshments; • Attendance and quorum; • Record keeping; • Collection and sharing of information and data; • Caucuses; • Behavior; • Separation from IBB and return to traditional bargaining unless one or both parties believes they are at impasse at which time they can file a petition for mediation with the DLR. 22

Ground Rules Practice Notes: 1. Determine what happens if agreement is not reached in IBB. 2. Never agree to interest arbitration 23

IBB Terms Issue: the topic to be discussed Interests: the needs related to the issue Options: a list of potential solutions that satisfy one, some, or all of the interests Standards: the criteria against which options are considered and judged. 24

IBB Process • Identify the issues • Discuss interests related to each issue • Determine the standards by which the options will be measured • Identify options • Evaluate options against established standards • Develop/determine a solution(s) by consensus 25

Practice Note: • Consider limiting the number of issues • Prioritize issues 26

Interests • Express as a question • Explain the problem or interest 27

Standards The options will be judged against the standards. Practice Note: Identify the standards before identifying the options. 28

BRAINSTORM OPTIONS • List all options (potential solutions) identified by members of the IBB group. • Remember the Ground Rule: Options cannot be attributed to either party and cannot be used as bargaining history. 29

Measure each Option Against the Standards ASK: Will the option being considered: • Meet one, some, or all of the interests • If the option will not meet all interests, identify which interests will be met and which interests will not be met. • Improve education/outcomes for students • Be efficient • Be affordable • Be sustainable • Be legal 30

THE HYBRID Remember: The parties do not have to use all IBB or no IBB. Even when the parties are using a traditional bargaining format, they may use IBB techniques to address certain issues. 31

Interest Based Bargaining Basics Q&A Elizabeth B. Valerio, Esq. evalerio@dwboston. com