Union negotiations - ASAP Please

HCA

It's my understanding that each party comes to the table with a list of their topics for negotiation. (things they want to open). It's also my understanding that if a party fails to include something on that list, it's not open for negotiations (other than wages/hours/conditions of employment which are always openers.) Is this true? We're heading into our next round, and last round they didn't give us much. I just want to be prepared to say "that's not open" if they come to the table with a brand new list.

LivindonSouth

Although its always best to present the other side with a punch list of things you plan to ask for, it's an open 'give and take' from start to finish. It is not true that the negotiations are limited to things presented on a prepared list.

HCA

Shoot. Oh well. Thanks for the info.

I wonder why people are always so concerned about putting that catch-all at the bottom of the list (reserve the right to open other topics as necessary)?

LivindonSouth

Probably because they are used to being told the discussions are limited to the list. x:-)

Geno

HCA,

A lot depends on the language of the contract itself.

If the effective date of the entire contract has expired (or is due to expire) and proper notice of intent to re-negotiate has been served, absent contract language to the contrary, everything is “open” to negotiation.

Again, depending on the contract language, many contracts allow for interim year negotiations – with the limited/specific issues that are “open” to negotiation at that time being codified in the contract.

Once negotiations have begun, both parties (and most unions already routinely do this) are advised to include a disclaimer somewhere on all of the proposal material that states in part: “The party reserves the right to alter, modify, delete or add to any proposal contained herein.”

Even if the union’s original proposal does not contain the “right to alter” disclaimer, I would consult with a competent labor attorney familiar with NLRB case law before I refused to negotiate issues that show up on subsequent proposals.

Geno, SPHR

LindaS

Have to agree with the others. They may be holding back to see what you are going to "give up" or not. For example, when we sit down before negotiations we decide what we are willing to negotiate to get something that we feel may be more important. While we do have a list of items, there are times when new things are added depending on how the negotiations go.

Until you have reached an agreement that they are willing to take back to the union body for a vote, everything is up for negotiation.

Good luck!

LivindonSouth

The only time you can limit the negotiation discussion to a topic or topics is when you have a 'mid-contract' meeting to discuss the possibility of ammendment.