Negotiating In Good Faith Is Good Business

April 3rd, 2009 Filed under: Uncategorized — Negotiation Author

Although collective bargaining negotiations are peppered with legalities, it is important to understand one simple premise – the goal is to achieve workplace democracy that fosters a more productive, committed workforce. By allowing workers an opportunity to have their voices heard, the company sees the positive results in its bottom line, regardless of industry.

All too often, companies that are new to the negotiating table approach the process with a stereotypical misconception of the employees’ representative – a union. This climate of distrust hinders progress and promotes an adversarial relationship not only between the company and the union, but the management and employees as well. As a staple of many industries, including airlines, education and construction, unions are not interested in becoming business owners. They are committed to securing a fair wage and decent benefits that reflect the current and forecasted economic environment for an honest day’s work.

To dispel this air of suspicion, open communication is critical at the table and – perhaps most important – away from the table. All of the involved parties need to gain a comprehensive understanding of what the workers care about and need to do their jobs efficiently while providing for their families. When employees vote for the right to designate a party to negotiate on their behalf, employers must recognize that their own staff is expressing a fundamental dissatisfaction with the status quo. Not only do they aspire to do better, they want the company to be better too.

Credibility at the table is equally as important. Oftentimes, the union representative knows more about the business than management. These representatives are well-versed in industry and wage surveys and understand what and how the company is performing. They also know about employment trends and are committed to keeping local jobs in the hands of the most qualified local workers. Taking jobs from New Jersey residents and awarding them to workers from another state, like New Mexico or Arizona, is not acceptable, especially in today’s economy.

Management also needs to listen with an open mind while acknowledging the union’s credibility and the feedback being provided. Employees talk to their union representatives and express their concerns regarding work conditions, policies and challenges. For example, almost five months ago, IBEW Local 164 was asked to represent workers from a major television/media research company with regional offices in northern New Jersey. Traditionally non-union throughout the course of its 60-year history, the company’s lack of commitment to positive progress hindered the negotiation process. To date, a collective bargaining agreement has yet to be achieved due to poor communication and an unwillingness to negotiate in good faith. Harmony can only be achieved when the effort between the management and union teams are collaborative, not contentious.

Believe it or not, the most successful negotiations result in a positive bond between management and union representatives. This connection has been likened to climbing a mountain together to reach the plateau. Building consensus between both parties also significantly enhances the day-to-day employer/employee relationship.

Negotiating in good faith is an abstract term with a very clear meaning. It means what it says – approach the bargaining table with an open mind and desire to communicate, negotiate monetary and non-monetary points fairly, and commit to a fair, timely resolution that will enhance the work environment and the bottom line. Negotiating in good faith is good business.

Thomas D. Misciagna, assistant business manager, spearheaded the establishment of IBEW Local 164′s telecommunications division more than 30 years ago and currently oversees its operations. The division includes more than 1,300 members. An acknowledged construction industry visionary and award-winning labor leader, he is the recipient of Bergen County’s First Annual Labor Award and has served as a labor relations guest lecturer at Rutgers University and Ramapo College.

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