Using Interest-Based Strategies

Budget-Neutral Bargaining:A Collaborative Approach

Kathy K. Swope, School Board President

Mark D. DiRocco, Ph.D. Superintendent

Lewisburg Area School District

October 22, 2014

We asked, “Is there a Better Approach?”

Taxpayers

Students

Parents

Teachers

Team of

Traditional Bargaining

By focusing on positions, parties in a dispute:

•see only a predetermined way to solve a problem

•spend time staking and defending extreme positionsrather than dealing with the heart of the matter

•tend to settle with a compromise rather than getting whatthey really need

•limit creative options; and

•risk damaging ongoing relationships.

Collaborative Bargaining

In contrast, a discussion that allows for an understandingof issues underlying positions...

•moves people away from contending positions

•promotes mutual understanding

•allows a cooperative atmosphere to develop

•sets the stage for reframing the issue

•encourages multiple options

•permits the search for alternative solutions

Traditional vs. Collaborative

•Training – both parties must agree to have allparticipants take part in the training session(s) prior tonegotiations

•Time – must commit as much time up-front asnecessary to detail the process in order to be successful

•Relationships – It is important for the Board Members,Superintendent, and Association Leadership to developpositive relationships prior to the negotiation process.

What is Collaborative Bargaining?

•More inclusive than traditional bargaining

•Each team member is expected to contribute in somefashion in the sessions

•Training for both sides is critical

•Facilitators from management and union helpfacilitate the bargaining sessions

•Work together to find creative solutions to issues

•Less adversarial than traditional bargaining

TRUST IS CRITICAL

Steps need to be taken well in advance of negotiationsor the training for negotiations to develop trustbetween the Board and Association.

Collaborative Behaviors

•Focus on issues, not on people

•Explain and educate, don’t accuse

•Focus on interests - not positions

•Understand interests – don’t judge them

•Defer evaluation and commitment

•Respect the role & responsibilities of others

•Seek to meet mutual & separate interests

•Use consensus to decide

•Think collaboratively

•Sustain the relationship with some type of social event

–Dinner together before a session, snacks together after asession etc.

Define the Problems

•Working together, both parties in acollaborative bargaining situation shoulddefine the problem in such a way that itbecomes their common goal. This is typicallyachieved using cooperative and respectfuldialogue and from looking at the problem fromeach other’s perspective.

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Understand the Issues

•Part of successful problem definition is tounderstand the issues behind the problem orsituation the parties are trying to resolve. Ifyou can recognize and understand the otherperson’s issues, you have a much better chanceof achieving a fair outcome.

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Develop Possible Solutions

•In this step, both parties need to work togetherto brainstorm and “think out of the box” forpossible solutions to the defined problem fromsteps 1 and 2. One key aspect of brainstormingis to remember that this “idea generation only”step asks you to only identify and list allpossible solutions or outcomes.

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Prioritize Possible Solutions

•In the end, both parties need to take the resultsof their problem definition and solutionbrainstorming sessions to identify and reach asolution/bargain/outcome that is amenable toboth parties. This often requires both partiesto meet somewhere in the middle.

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Collaborative Strategies Focus On:

•Seeking creative solutions

•Problem solving

•Finessing areas of agreement

•Seizing opportunities of common ground

•Reaching mutual understanding

Our Experience

Begin to discuss as a Boardseveral months beforenegotiations are initiated

The entire team of 10 mustagree to support the idea of

exploring a collaborativeapproach

Introduce the Idea

Next Steps

•Training - Arrange for a trainingsession with the entire board and thebargaining team of the Association

•Decide – Both teams must agree to trythe Collaborative approach in order tomove forward

Meeting of the Minds

•Time Limit – Agreed to try it for sixmeetings and if either team felt it was notworking, we agreed to revert to traditionalbargaining

•Ground Rules – Together, the Association’sNegotiating Team and the Board’sNegotiating Team discussed and set the rulesthat would guide our negotiations

Bargaining

•All issues each party planned to address werepresented at the first meeting

•Caucus for both parties allowed fully vettedideas to be presented at the table

•Neither party let the bumps in the road becomestop signs

Essential Question

•How can we provide well-deserved raises toour staff while shouldering the burden ofrapidly increasing PSERS contributions andhealth insurance premiums?