Labor Relations: The Meet and Confer Process

request. Even where a request is arguably ambiguous or overbroad, the employer may not simply ignore the request. Instead, it must seek clarification or comply with the request to the extent the union seeks relevant information. 284 The fact that an employer ultimately furnishes the information does not excuse an unreasonably delay in responding to the request or supplying the requested information. 285 A delay, however, may be reasonable when it is justified by the circumstances and the union was not prejudiced by the delay. Thus, an exclusive representative’s right to necessary and relevant information is not absolute. 286 In addition, where compliance with a request would be unduly burdensome, an employer need not comply, but it must be able to prove that the burdens on production are unreasonable. 287 Thus, an employer is not required to provide information in a format more organized than its own records, or that it does not possess. 288 Neither must an employer provide detail regarding the thought processes or rationale underlying its managerial decisions. 289 Accordingly, an employer is not required to produce information regarding its bargaining strategy or bargaining notes while negotiations are ongoing. 290 5. T YPES OF B ARGAINING There are now generally two forms of bargaining used by employers and labor organizations. The first is the traditional form of bargaining contemplated by the private sector model. This, of course, involves the well-known exchange of proposals between the agency and the union, and the resulting withdrawal and modification of issues over time by both sides until a comprehensive agreement is reached. Interest-based bargaining (sometimes referred to as collaborative, principled or win-win bargaining) is being utilized more frequently in labor negotiations. This form of bargaining attempts to change the inherently adversarial relationship between management and labor, and focuses on each side acknowledging the other’s interests in a particular issue.

a. Checklist: Traditional Negotiations Process The following checklist describes in detail the traditional bargaining process:

Preparation for Negotiations

 Hold in-service training sessions for supervisors and managers.

 Explain agency philosophy regarding labor relations.

 Explain the MMBA, the agency’s employer-employee organization relations system, and relevant personnel ordinances and rules.

 Explain the role of the managers and supervisors in the negotiations process.

 Specify procedures for management input.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 52