The Table Process Analyzed - Section 8 - 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 analyze the dynamics of the table process and examine the essence of what goes on at the table.
Ritual, Game, Catharsis and Problem-solving
Collective bargaining is simultaneously a ritual, a game, a catharsis and a problem-solving process. It is a ritual in that it is customarily performed the same way on different occasions. Just as ritual is an integral part of religion, so is it an integral part of the collective bargaining process. We all take some comfort in the familiarity of ritual, and this is especially true in tense negotiation sessions. We know the union may begin by announcing its initial demands, which are unrealistically high. We can then expect management to react negatively and make exceedingly disparaging remarks about the probable outcome of negotiations, given the unreasonable posture of the union. Thus, the union may begin by proposing a 331/3-percent increase in wages for a one-year contract. While no one on the union team seriously expects to receive so high a settlement, management will respond with great dismay, pointing out the severe economic consequences of such a settlement. It is a ritual, one with which most participants are quite familiar.
Collective bargaining is a game in that it is an activity pursued according to certain rules. The rules are both of the written statutory variety and the unwritten behavioral type. For example, we expect the parties, upon reaching agreement, to execute a written agreement. Indeed, the refusal to commit the agreement to writing is an unfair labor practice in the opinion of the National Labor Relations Board.
Ritual, Game, Catharsis and Problem-solving
Hostility
Exchanging Information
Trust and Integrity
"Sunshine Bargaining"
Points to Ponder