Appendices - Collective Bargaining: How it Works and Why - 3rd Edition

Author(s):

Thomas R. Colosi

Arthur E. Berkeley

Page Count:

22 pages

Media Description:

PDF from "Collective Bargaining: How it Works and Why - 3rd Edition"

Published:

February, 2006

Jurisdictions:

United States

Practice Areas:

Labor,

Employment,

ADR

Author Detail:

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.

PDF116.01 KB

$40.00

Description:

Originally from Collective Bargaining: How it Works and Why - 3rd Edition

The negotiation process is alive and well in several applications within the labor-management relationship. Obviously within the collective bargaining process; also within the grievance process as the parties attempt to avoid each next step including arbitration; also negotiation of what issues the parties might agree to place in front of the arbitrator; also within a partnering agreement; etc. In fact, we believe the negotiation process is so key to any labor-management relationship, that we decided to add the “10 Commandments of Negotiation” that was first published in my book, On and Off the Record: Colosi on Negotiation, 2nd ed. (American Arbitration Association, New York, N.Y., 2001). These commandments should prove to be helpful in any negotiation where settlement is the goal.

Tom Colosi’s TEN COMMANDMENTS OF NEGOTIATION

1. Appreciate that the essence of negotiation is an opportunity to exchange promises and commitments in an effort to resolve problems and reach agreement. Appreciate also that this promise exchange is conducted in an environment initially devoid of rules of engagement.

2. Use listening skills, such as open-ended questions, and paraphrasing, to arrive at the underlying, real issues and interests only after subsequently negotiating the rules of engagement or ground rules.

3. Appreciate the complexity of the negotiation process which includes negotiations on several levels: across the table; internal to the negotiating team; internal to the organization; and between the negotiators and their ratifiers.

4. Understand that your job is to create doubts in your counterparts about the viability of their interest and objectives. Understand that you can only effectively create doubts when you have developed trust and credibility and are believable.