The Framework for Bargaining - Section 11 - Collective Bargaining: How it Works and Why - 3rd Edition
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.
Originally from Collective Bargaining: How it Works and Why - 3rd Edition
IN THIS SECTION we examine the framework for bargaining, those statutory and administrative rules and procedures society has created to assist parties in resolving disputes by negotiation.
Meet-and-Confer: Precursor to Collective Bargaining in the Public Sector
We now examine employee relations wherein a group of employees chooses a representative to meet-and-confer with the employer on the employees’ behalf. This interaction occurs usually under a statute in the public sector, and is often a precursor to collective bargaining, which will be discussed next. The final resolution under meet-and-confer is often one-sided, with the employer having final decision-making power.
Example: Arizona permits public employers to meet-and-confer with employees, but only if the employer so desires.
Typical statutes permitting meet-and-confer arrangements may preclude written agreements between parties. Usually the employee group may make a presentation before a legislative body, but that body has unilateral decision-making power.
These laws are generally viewed by unions in the public sector as being precursors of true collective bargaining, which involves bilateral determination of critical issues, such as wages, hours of work and conditions under which that work will be performed.
Meet-and-Confer: Precursor to Collective Bargaining
in the Public Sector
Collective Bargaining: Making Promises
Definition: Collective Bargaining Contract
"Cutting a Deal"
Points to Ponder