Labor Relations: The Meet and Confer Process

 Compels a Problem Solving Orientation. There is a reduction in posturing and more “buy-in” into problem solving as part of the relationship.  Total Table Participation. Brings all issues, concerns to the table (allows the parties to discover the “true” issues). Bargaining team members are empowered.

 Brainstorming develops options which may not have been realized.

 Particularly useful in resolving non-economic issues.

 Increased potential for improvement in overall relationship (e.g., information sharing, problem sharing, honest and full communications).

b. Challenges with Interest-Based Bargaining. Although interest-based bargaining has tremendous potential, in practice, it also has tremendous challenges. Among these challenges are the following:

i. Structural Issues One of the primary problems facing advocates of the process is constituent involvement.

Too often there is a failure to educate and train constituents (i.e., bargaining groups “too far ahead” on issues) and/or a failure to communicate with constituents (“in the dark”). To be successful, interest-based bargaining requires the parties to determine and check their constituents’ interests and to keep them informed of progress so that there can be a “buy in” into the process when problems arise. Another problem often encountered is that there is a dependence on the relationship between key players. When these “players” leave the agency or are otherwise no longer involved, the investment and understanding of the process by others are often lacking. A third problem is commitment to the process. Key leaders on both management and labor must view the process as important and worthy of support. Management must recognize the legitimacy of the union as an equal partner in the relationship. Management must also recognize that if it attempts to use interest-based bargaining in isolation, and then revert back to the “old style” when not negotiating, the union may not continue to see the value of continuing this type of relationship.

Typical stress points occur when: turnover occurs among key leaders; one side plays by the rules, the other side does not (e.g., end-runs, publicity, picketing); and continued use of parameters.

ii. Unrealistic Expectations The reason for entering into interest-based bargaining invariably results from a situation in which the existing system is not effectively resolving the problems between the parties. Interest-based bargaining is designed to examine issues using a less adversarial approach, while seeking to resolve problems and strengthen the relationship between the parties. Unfortunately, both sides may enter into interest-based bargaining for the wrong reasons or with unrealistic expectations.

Management sometimes enters into interest-based bargaining because of: pressure from the union or the governing body; to obtain “labor peace”; it’s the latest fad; and/or it’s a way to get

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 64