Collective Bargaining: How it Works and Why - Third Edition

This is a manual of the theory and practice of collective bargaining, how it works and why. It is not a textbook or a "how to" book. It is a work that looks at how collective bargaining actually works. The theories and practices presented here are enhanced by the experiences of not only the two authors, but of the many practitioners who have been able to examine in a new light their experiences with the concepts discussed here.

Foreword
Preface

Section 1 The Beginning
Why negotiate?
The Difficulty with Elections
Animus Negotiandi
Negotiations Defined and Examined
Points to Ponder

Section 2 The Parties
"Who's Who?"
    The Union Side
    The Employer Side
Clarity of Parties
Points to Ponder

Section 3 The Conflict
Preconditions for Unionization
Why Employers Oppose Unionization
Ideological Clashes
Theory "U" and Theory "M"
Reconciling Philosophical Differences
Points to Ponder

Section 4 The Battlefield
Scope of Bargaining
Subjects of Bargaining
Points to Ponder

Section 5 The Battle
Weapons of Conflict
    The Union's Weapons
    The Employer's Weapons
    Privitization
Bargaining Power
Nonuse of Bargaining Power
Abuses of Bargaining Power
Whipsaws and Parities
Uses of Another Party's Bargaining Power
Costs of Agreeing and Disagreeing
MAD: Mutually Assured Destruction
Points to Ponder

Section 6 The Table Process Examined
Three Dimensions to Every Team in Bilateral Negotiations
Four Bargaining Configurations
    1. Horizontal (H) Bargaining
    2. Internal (I) Bargaining
    3. Vertical (V) Bargaining
    4. Shadow (S) Bargaining
Structure of the Teams
"All Together Now"
Points to Ponder

Section 7 Multilateral Bargaining
Trilateral Bargaining
Quadrilateral Bargaining
Hydralateral Bargaining
Points to Ponder

Section 8 The Table Process Analyzed
Ritual, Game, Catharsis and Problem-solving
Hostility
Exchanging Information
Trust and Integrity
"Sunshine Bargaining"
Points to Ponder

Section 9 Preparing for Bargaining
Preparation for Bargaining
Proposal Formulation
    Employee Proposals
    Las Vegas Mentality
    Employee Input
    Employer Proposals
Boulwarism
Points to Ponder

Section 10 Participation and Democracy
Democracy in the Caucus: Union
    Employee Ratification
Democracy in the Caucus: Employer
Participation and Democracy
Points to Ponder

Section 11 The Framework for Bargaining
Meet-and-Confer: Precursor to Collective Bargaining
in the Public Sector
Collective Bargaining: Making Promises
"R-U-I"
Definition: Collective Bargaining Contract
"Cutting a Deal"
Points to Ponder

Section 12 The Continuum of Peacemaking Table Processes Impasse
Conciliation and Mediation
Mediator avec Baguette
Fact-finding, Advisory Arbitration and Special Masters
Interest Arbitration
"Last Best Offer" Interest Arbitration
The "Hard" Approaches
Med-Arb
The Power Pie
Points to Ponder

Section 13 Table Manners
Ground Rules
Location
Seating
Confidentiality
Empowerment
Time Schedules and Frequency of Sessions
Topic Agenda
Momentum
Critical Moments
Points to Ponder

Section 14 Table Talk
Spokespersons and Team Discipline
Control of the Negotiation Process
Promoting Your Position
Recorders and "B-Books"
The Persistence of Numbers
Packages, Parameters and Priorities
Symbolic Concessions
Closers and Clinchers
Points to Ponder

Section 15 Table Dynamics
Uncertainty: Creating Doubts
The Untruths That Matter
How Mediators Really Succeed
Selling a Settlement
Points to Ponder

Section 16 Table Tactics
Intentional Errors
Mutt 'n' Jeff
Wild-Man Steve
Will o’ the Wisp
Dotting "i's" and Crossing "t's"
Knowing When to Leave
Points to Ponder

Section 17 Promise Checking: Grievance Arbitration
Contract Administration: Checking the Promises
Grievance Procedure
Negotiating Grievances to Settlement
Duty of Fair Representation
Advantages of Arbitration
About Arbitrators: Selection and Cost
Industrial Jurisprudence: Progressive Discipline
Industrial Jurisprudence: Contract Interpretation
Conducting the Arbitration Hearing
Arbitrability
Expedited Arbitration
Constructive Adversarialism
    Blurring of Roles
    The Theory of Constructive Adversarialism
    The Good Unions Can Do
The Fruits of Cooperation
Labor-Management Cooperation
Grievance Mediation
Grievance Med-Arb
Points to Ponder

Section 18 Concluding Comments
About This Manual
Applicability of This Manual
Dispute Resolution

Appendix I
Appendix II

Postscript
Index

Thomas R. Colosi is American Arbitration Association Vice President for National Affairs and a third-party neutral. He spends much of his time training advocates and neutrals about the workings of dispute resolution. He has taught as an adjunct professor for the University of Maryland Law School and at Cornell’s School of Industrial and Labor Relations.

Arthur E. Berkeley is Associate Professor at the Memphis State University’s School of Business, where he teaches alternative dispute resolution. He is involved in training programs as well as serving as an arbitrator. He served as the founding president of the Maryland Chapter of Industrial Relations Research Association.

"In clear concise language, this manual fulfills what the authors promise: a practical summary of how collective bargaining actually works. It is valuable to everyone from the newest student of the theory to the most experienced practitioner of bargaining."

- Thomas R. Donahue, Sec-Treas. AFL-CIO

"A well-organized, comprehensive overview of the basics of collective bargaining. . .Excellent reading."

- W.G. Bell, V.P. Bechtel Corporation

"The book is comprehensive well organized and lucidly written. . . .[I]t should serve as an important stimulus to class discussion."

- Robert E. Doherty, Former Dean, School of Ind. & Lab. Rel., Cornell University

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