Labor Relations: The Meet and Confer Process

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The outcome of the discussion:

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No resolution/resolution.

 If more information to be obtained, by whom, and when.

 Tentative agreement – summarize the understanding.

 Attach all proposals and supporting documents to notes of the relevant session. Note the time proposal is exchanged and supporting documents are provided.

 Review the notes after the session, and consider having them transcribed or typed up.

 Have team members review the notes to ensure that they agree with their content.

 Retain all notes and other documents in a confidential location.

 Retain notes after agreement is reached (often for the life of agency).

b. Interest-Based Bargaining One trend in negotiations is the use of what is commonly referred to as “interest-based bargaining.” Interest-based bargaining is known by a variety of names. Among the more common names are: integrative bargaining, principled bargaining, collaborative bargaining, best practices bargaining, mutual gain, and win-win bargaining. Interest-based bargaining has three essential components: 1) problem solving orientation; 2) an “interest” versus a “position” approach; and 3) a modified structure/format to bargaining “at the table.” While some advocates of the interest-based bargaining approach extol the process as fundamentally different from the traditional bargaining approach, many experts view the collective bargaining process more broadly. These experts see a difference in cultures and disagreements as an inherent part of the labor-management relationship. They view the collective bargaining process as a recognition of this inherent conflict and see negotiations as an implicitly adversarial process. Interest-based bargaining seeks to channel whatever conflict exists in the labor-management relationship in the most productive direction possible. It seeks to build trust through openness and cooperation while eliminating suspicion, secrecy and competition.

As set forth in the tables below, advocates of interest-based bargaining claim that this process differs from traditional “positional” bargaining in the following ways:

 Separates the People from the Problem

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Focuses on Interests, Not Positions

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Invents Options for Mutual Gain

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Insists on Using Objective Criteria

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 59