Successful Negotiation in School Management, Unions, Employee, and Citizens

, by Herman, Jerry J.; Herman, Janice L.

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ISBN: 9781566765879 | 1566765870
Cover: Paperback
Copyright: 12/28/1997

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What are the important aspects of collective bargaining at the local school district level? Beginning with a discussion on how administrators and employees live and work together in the school district environment, Herman succinctly details the strategies, tasks, events, and influences that affect the collective bargaining process. These details range from the initial certification election of a union to the preparation for, negotiation of, and administration of a union/management collective bargaining agreeme

Introduction

xvii

SECTION ONE: LIVING AND WORKING WITH INDIVIDUALS AND GROUPS

Working Together with People and Groups

(14)

Beliefs about People

(3)

Needs of People

(1)

Beliefs about Groups

(3)

Needs of Groups

(1)

Growth Patterns of Groups

(2)

Development of Groups into Winning Teams

(1)

Intergroup Formal and Informal Communications

(1)

Intergroup Relations

(1)

Summary

(1)

Exercises

(1)

References

(3)

The History of and Reasons for the Development of Unions in Education

(8)

Union Preconditions in Education: The Fallow Ground

(1)

Reasons for the Existence of Unions in Education

(1)

Social Upheaval and the Unions: Suffrage, Depression, War and Civil Rights

(1)

The National Education Association (NEA)

(1)

The American Federation of Teachers (AFT)

(2)

Union Influence and Power Since the 1980s

(1)

Summary

(1)

Exercises

(1)

References

(1)

The History of and Reasons for Employee Empowerment

(28)

Historical Theories and Research

(3)

Origins in Organizational Theory

(1)

Rationales for Empowerment

(2)

School-Based Management

(1)

Background of Teacher Empowerment and SBM

(1)

Vertical Work Teams

(1)

Focus Groups

(1)

Project Groups

(1)

Current SBM Practice

(1)

School-Based Management Interrogatory, Checklist (A Reflective Aid to Be Used before Jumping Headlong into School-Based Management)

(3)

Quality of Work Life and Quality Circles

(2)

Total Quality Management

(1)

Similarities and Differences among QWL, SBM, and TQM

(4)

Employee Recognition and the Creation and Maintenance of a Productive and Satisfying Work Environment for Employees

(1)

Collaboration as a Means of Developing Employee Ownership and Employee leadership

(1)

Advantages of Employee Involvement, Empowerment, and Collaboration

(2)

Methods of Involving Union Management Teams

(1)

Summary

(1)

Exercises

(1)

References

(3)

Considering the Students, the School District, and the Community

(16)

Who Are the Stakeholders?

(3)

What Are the Clients' Needs and what are the Responsibilities of the District's Management and Employees' Unions to These Clients?

(2)

How Do You Obtain Client Input?

(2)

How Do You Communicate with the School District's Clients?

(1)

Summary

(1)

Exercises

(1)

References

(4)

SECTION TWO: PREPARING FOR AND CONDUCTING COLLECTIVE BARGAINING

Determining Strategic and Tactical Plans Related To Collective Bargaining

(14)

Definitions

(1)

Needs Assessments

(1)

Internal and External Scanning-Examples

(2)

Trend Analyses

(1)

Preferred Future Results

(1)

Strategic Planning: An Example

(1)

Union's Tactical Planning: An Example

(1)

Management's Strategic Planning: An Example

(1)

Management's Tactical Planning: An Example

(1)

Areas of Agreement and Disagreement between Union's and Management's Strategic Tactical Plans: An Example

(1)

The Approach to Strategic and Tactical Planning Differs When a Win-Win Environment Is in Place

(1)

Summary

(1)

Exercises

(1)

References

(3)

Collecting Background Information In Preparation For Negotiations

(14)

What's Bargainable?

(2)

What Data Should Be Collected?

(7)

The Difference between Hard and Soft Data

(1)

The Importance of Conducting a Trend Analysis

(1)

Using Trend Data to Impact Upcoming Negotiations

(1)

Summary

(1)

Exercises

(1)

References

(3)

Choosing Your Team and Analyzing Their Team

(22)

Should There Be a Different View of Team Selection for Win-Win and Win-Lose Approaches to Negotiations?

(1)

Why a Negotiation Team?

(1)

What Should Be the Composition of the Team?

(3)

What Roles Should Each Team Member Play?

101

(3)

Factors That Impact the Timing of Team Selection

104

(2)

Negotiation Team's Behavioral Rules

106

(2)

Pre-Negotiations Training for Team Members

108

(2)

Support Groups and Individuals

110

(1)

Removing a Negotiation Team Member

110

(1)

Roles Played by Non-Team Members

111

(1)

Collecting Information about the Other Team's Members

112

(1)

Win-Win Procedures

113

(1)

Summary

113

(2)

Exercises

115

(1)

References

115

(4)

Preparing to go to the Bargaining Table

119

(18)

Taking a Different View of Win-Win and Win-Lose Approaches to Preparation

119

(2)

Determining How the Recognition Clause Should Read

121

(2)

Preparing the Bargaining Notebook

123

(3)

Obtaining the Board of Education's Negotiation Guidelines

126

(1)

Deciding on Structures, Strategies, and Tactics

127

(3)

Preparing Proposals and Counterproposals

130

(1)

Preparing for Win-Win Negotiations

131

(1)

Summary

132

(1)

Exercises

133

(1)

References

133

(4)

Doing It: Conduct At and Away From the Table

137

(24)

Differences between Win-Win and Win-Lose Conduct at and Away from the Table

138

(1)

Establishing Ground Rules

139

(1)

Exchanging Contract Proposals

140

(2)

Presenting Proposals to the other Party

142

(2)

Activities during at-the-Table Negotiating Sessions

144

(3)

Activities Away from the Bargaining Table

147

(6)

What Differences Would exist if the Negotiating Environment Were a Win-Win One?

153

(1)

Summary

153

(2)

Exercises

155

(1)

References

156

(5)

SECTION THREE: FINDING THE TROUBLE SPOTS AND LIVING TOGETHER AFTER COLLECTIVE BARGAINING

Reaching Impasse: Too Late For Win-Win

161

(14)

Preparing for Mediation

164

(3)

Fact-Finding

167

(2)

Interest or Contract Arbitration

169

(3)

Summary

172

(1)

Exercises

173

(1)

References

173

(2)

Arriving At Lose-Lose

175

(14)

Preparing for a Strike

176

(5)

Preparing a Strike Plan

181

(1)

The Hard Place: Long Hours, the Big Stress Test, and Playing Chicken Until the End

182

(1)

Actions Following a Strike

183

(2)

Summary

185

(1)

Exercises

186

(1)

References

187

(2)

Finalizing and Communicating The Signed Master Contract

189

(14)

Reaching Tentative Agreement on a Contract

189

(5)

Presenting the Master Contract for Ratification

194

(2)

Printing and Publicizing the Contract

196

(1)

Summary

197

(2)

Exercises

199

(1)

References

199

(4)

Contract Management: Living With the Contract That Has Been Negotiated

203

(26)

Communicating and Interpreting the Ratified Contract during its Operational Stage

203

(2)

Training the Administrators in Contract Management

205

(2)

Establishing and Breaking Precedents

207

(2)

Disciplining Employees

209

(2)

A Typical Master Contract's Grievance Procedure

211

(2)

Progressive Discipline, Just Cause, and Due Process

213

(4)

Preparing for and Processing Grievances

217

(3)

Establishing a Continuing Win-Win Union/Management Working Environment

220

(1)

Summary

221

(1)

Exercises

222

(1)

Reference

223

(6)

SECTION FOUR: MISCELLANEOUS ITEMS AND SUMMARIZING

Miscellaneous Items

229

(20)

Agency Shops, Union Shops, and Closed Shops

229

(1)

Timing + Information = Power Management

230

(1)

Reality Versus Perception and Fact Versus Propaganda

231

(1)

Union Support System

232

(2)

Contract Language Is Very Important

234

(1)

Importance of the First Negotiated Master Contractual Agreement

235

(1)

Information Leaks during Negotiations

236

(1)

When and Where Should Information Be Shared and to Which Groups

237

(1)

Reopeners and Zipper Clauses

238

(1)

Expedited Bargaining

238

(1)

Focused or Limited Bargaining

239

(1)

Forces That Influence Collective Bargaining

239

(1)

Recognition Clause

240

(1)

Certification and Decertification Elections

241

(1)

Unfair Labor Practice

242

(1)

Bad Faith Bargaining

242

(1)

Union/Management Conflict when School Districts Contract for Services with Outside Organizations

243

(1)

Summary

243

(2)

Exercises

245

(1)

References

245

(4)

Summary of Collective Negotiations

249

(14)

The Do's of Collective Bargaining

251

(1)

The Maybe's of Collective Bargaining

252

(1)

The Don'ts of Collective Bargaining

253

(1)

The Benefits of Collective Bargaining for Labor and Management

254

(2)

The Losses of Collective Bargaining for Labor and Management

256

(1)

The Benefits and Deficits of Adversarial Bargaining

256

(1)

The Benefits and Deficits of Win-Win Bargaining

257

(1)

School-Based Management and Its Impact on Collective Bargaining

257

(1)

Summary

258

(1)

Exercises

258

(1)

References

259

(4)

SECTION FIVE: APPLYING NEGOTIATION, MEDIATION, AND ARBITRATION TECHNIQUES WITHIN THE BROADER SCHOOL DISTRICT ENVIRONMENT

Dealing With Conflicts Involving Internal Individual And Group Interests

263

(12)

Conflict Resolution as a Means of Positive Growth

263

(1)

Conflicts: Student Examples

264

(2)

Conflicts: Employee/Administration Example

266

(1)

Conflicts: Board of Education/Superintendent Example

267

(1)

Conflicts: Board of Education Members-Internal Conflict Example

268

(1)

Extracurricular Activities versus Academics

269

(1)

Communicating with the Community and the Media

270

(1)

Media Coverage as a Possible Determiner of Conflict Resolution Outcomes

271

(1)

Summary

272

(1)

Exercises

273

(1)

References

273

(2)

Dealing with Conflicts of Interest between External and Community Pressure Groups and the Board of Education and Administration

275

(20)

Definition of Conflict of Interest

275

(1)

Conflict of Interest Problem-Solving Techniques

275

(2)

Consensus-Building Techniques That Help Resolve Conflicts of Interest

277

(6)

Buying Houses to Build a New School: Avoiding Conflict

283

(2)

Conservative Groups Get Involved with Curricular Content

285

(1)

Closing a School Building

285

(3)

Changing Attendance Boundaries

288

(2)

Summary

290

(1)

Exercises

291

(1)

References

291

(4)

SECTION SIX: THE END PIECES

Union/Management---The End Piece

295

(8)

The Past

295

(1)

The Present

296

(1)

The Projected Future

297

(1)

Moving from the Adversarial Historical Approach to the Preferred Collaborative Win-Win Approach

298

(1)

Getting to and Maintaining a Win-Win Labor/Management Environment

299

(2)

Summary

301

(1)

Exercises

302

(1)

References

302

(1)

The Broader School District Environment---The End Piece

303

(10)

Getting to and Maintaining a Continuous Win-Win Environment with and between all Stakeholder Groups in the School District

303

(1)

Conflict Resolution Techniques with Various Stakeholder Groups

303

(1)

Conflict Resolution as a Means of Positive Growth

304

(2)

Means of Stopping Conflicts of Interest from Causing Harm

306

(1)

Unresolved Conflicts of Interest---Results

306

(1)

Evident Results If Conflict Resolutions Are Successful

307

(1)

Methods of Judging whether or Not Conflicts of Interest Have Been Constructively Resolved

307

(1)

Summary

308

(1)

A Final Summary

308

(3)

Exercises

311

(1)

References

311

(2)

APPENDIX A: EXAMPLE PROVISIONS FROM LOCAL SCHOOL DISTRICTS; MASTER CONTRACTS RELATED TO INSUBORDINATION, INCOMPETENCY, CONTRACT MANAGEMENT, AND GRIEVANCE PROCEDURES

313

(6)

Policy for Insubordination, Incompetency, or Contract Mismanagement by management Personnel

313

(1)

Grievance Procedure

313

(6)

APPENDIX B: EXAMPLES OF COST AND POWER ANALYSES OF MASTER CONTRACT PROPOSALS

319

(4)

Example One

319

(1)

Example Two

320

(1)

Example Three

320

(3)

APPENDIX C: A FORMAT FOR ANALYZING FRINGE BENEFITS AND THE COSTS OF MASTER CONTRACT ARTICLES

323

(2)

APPENDIX D: MAIN POINTS OF KENTUCKY'S REFORM ACT OF 1990 RELATED TO SCHOOL-BASED DECISION MAKING

325

(4)

Kentucky Law: KRS Chapter 160, Sections 14 and 15

325

(4)

APPENDIX E: MAIN POINTS OF TEXAS' REFORM ACT OF 1990 RELATED TO SCHOOL-BASED DECISION MAKING

329

(4)

Senate Bill 1 (June, 1990)

329

(1)

House Bill 2885 (May, 1991)

330

(1)

Senate Bill 351 (April, 1991)

331

(2)

APPENDIX F: MANAGEMENT'S CONFIDENTIAL CONTINGENCY PLAN FOR USE DURING A STRIKE

333

(6)

APPENDIX G: UNION'S CONFIDENTIAL WORK STOPPAGE, PRESTRIKE, AND STRIKE PLANS

339

(4)

Prestrike Tactics

339

(1)

Work Stoppages

340

(1)

Strike Plans

340

(3)

APPENDIX H: A CHECKLIST OF STEPS INVOLVED IN SUCCESSFUL CONFLICT RESOLUTIONS

343

(2)

Glossary

345

(20)

Bibliography

365

(10)

Index

375

(8)

About the Authors

383

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Successful Negotiation in School Management, Unions, Employee, and Citizens

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Table of Contents

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Successful Negotiation in School Management, Unions, Employee, and Citizens

Summary

Table of Contents

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