How to Make Collective Bargaining
How to Make Collective Barga
ining
The times of No Bargaining
Workers Revolts
Civil Wars & Revolutions
ILO standards in 1919 ~ 1949
•
•
•
•
8-hour work a day
Right to organize union
Right to collective bargaining
Right to collective action
Workers Rights
Collective
BargainCollective
Action
Organize
ing
What is Collective Bargaining
• Collective bargaining is a negotiation bet
ween management and union to jointly de
cide wage, working conditions, social or e
conomical environment which influence th
e livelihood of workers or their families.
• History of trade union is the history to exp
and the agenda and topics for bargaining
with employers.
Principle of Collective Bargaining
• Collective bargaining is determined by powe
r relationship between union and employers.
– Strong union = good collective bargaining
– Weak union = bad collective bargaining
• Collective bargaining is not a “talk show” of
union leaders, but a collective struggle of uni
on members.
• We are united, we bargain. But, we are divid
ed, we beg.
Individual Bargaining versus Collective B
argaining
Flow of Collective Bargaining
1.
Prepa
ration
2.
Progr
ess
3.
Conclusion
• Collect demands & complaints from members
• Make union demands (draft CBA from union
side)
• Nominate union negotiators
• Make a scenario for each bargaining
meeting
• Report back to members about on bargaining results
• Make temporary agreement
• Members’ vote on the temporary
agreement
• Final signature with employer
Preparation for Collective Bargainin
g
1. Evaluate the existing CBAs
2. Questionnaire survey for union members:
demands, complaints, suggestions, ideas
3. Analyze the questionnaire survey
4. Make the union proposal (draft CBA).
5. Decide the union proposal at members a
ssembly or shop stewards meeting.
6. Nominate union negotiators.
Nomination of Negotiators
1. Nominate negotiators among union leaders, sho
p stewards, committed members.
2. Balanced nomination among different departmen
ts, production lines or sections
3. Nominate as many as possible, because the exp
erience of negotiator is a good chance to train go
od unionists. They can be the future union leader
s.
4. Also, nominate upper-level union officers as neg
otiator.
Making Arguments for Union Proposal
1. Collect company information: financial reports, auditing r
eports, managerial analysis, cases of other companies in
the same industry or the same province, government stat
istics, any news on company from mass media, legal doc
uments and labor laws.
2. Think about employers argument against union proposal,
and develop counter-argument to employer’s argument.
3. Make the argumental documents or evidentiary materials
against employers argument.
4. Study and study union documents and materials for mast
ering them.
Progress of Collective Bargaining
1. Send a union letter of bargaini
ng request to employer (if poss
ible, under the name of FOL pr
esident or Upper-level union)
2. The union letter mention the ti
me, place, union negotiators.
3. Before or after sending the lett
er, consult with employer on th
e time and place for negotiatio
n
4. Inform union members of the f
act that union send the bargain
ing request letter.
Order of Negotiation Meeting
1. Declare opening
2. Nominate the meeting chair
(union chair the first meeting,
and employer does the next)
3. Introduction of negotiators fro
m union and employers
4. Greeting speeches by repres
entatives of both parties
5. Discussion and agreement on
the principles of negotiation.
6. Explanation about union prop
osal
7. Reaction to union proposal fro
m employer side
8. Declare closing
Principles of Negotiation between employ
er and union
1. One meeting in a week (if possible two meetings in a week)
2. Make sure that the preparation time for collective bargaining during w
orking hours must be paid. (2 or 3 days of paid leave in a week)
3. Make sure that “real” employer must participate in the negotiation mee
ting.
4. Rotation of chairperson between union and employer
5. Nominate the secretaries of both parties to write the meeting minutes.
6. If some agenda agreed, both parties confirm the agreed agenda and s
ign their names on the meeting minutes.
7. Make the negotiation meeting open to union members and upper-level
unions.
8. Photo and recording is allowed to keep the negotiation meeting transp
arent
Tactics of Negotiators
1. Be dignified and confident as equal negotiator with employer
2. Make sure that every union negotiator speak out evenly and equ
ally.
3. Plan and decide “who does what”; allocate the roles of “hard-line
rs” and “soft-liners”, “attackers” and “defenders”.
4. Chief negotiator (union president) must be not talkative, but cauti
ously speak.
5. Negotiators must be united and harmonized in perfect order. Indi
vidual action or reaction is not allowed.
6. Negotiators must wear the same uniform (company or union unif
orm) .
7. Negotiators must make their entrance and exit at the same time.
Tactics of Negotiators
8. Individual contact between union negotiator and employer is not allowe
d.
9. In case of the individual contact, the concerned person must inform uni
on of the contact and “what discussed”.
10.Unity and consensus among negotiators (among union members) is the
foundation for winning the negotiation.
11.Different opinions among negotiators must be discussed and agreed. If
agreed, anybody must be committed to it. (the issue of union discipline)
12.After every negotiation meeting, report back to members or shop stewa
rds about “what is going on, what was discussed, what agreed and disa
greed” (leaflets, documents, papers).
13.During the negotiation meeting, if emergency or disagreement among u
nion negotiators happen, declare or request the adjournment of the me
eting.
Tactics of Negotiators
14.Bring the memo paper and use it in emergency, or if needed for
internal communication among negotiators.
15.Do not speak emotionally or sentimentally. Do not refrain from
personal attack (defamation) against employer negotiator.
16.Do not use violent language, violent action, and not talk roughly
and rudely.
17.Do not speak, based on rumor, speculation, arbitrary judgment.
18.Be careful for questions led by employers.
19.Refrain from making surprising action, unplanned proposals, inf
easible demands.
20.Check “who is hard-liners or soft-liners”, “who is real decision
maker” from employer side.
Tactics of Negotiators
21.Make “the real decision maker of employer side” to speak out.
22.Complain and protest against the arrogant, ignorant, disregarding, defa
matory, insincere attitudes of employers in the negotiation.
23.Minimize proposing the amendment of union proposal (only 1 time or 2
times).
24.Make “outsiders” a friend: government, police, community people, politi
cal and social organizations.
25. Make sure the regular meetings with union members during the negoti
ation.
26. Combine the negotiation with member education, organizing (new me
mber recruitment ).
27.Develop various events such as ribbon (mentioning union demand) atta
chment, member assembly, member picnic, sports event, family meeti
ng during the negotiation.
Conclusion of Collective Bargaining
1. Make temporary agreement with employer
2. Report back to members about the temporary agreement
3. Organize members vote for/against the temporary agree
ment
4. If a majority of members vote for it, final signature is mad
e between real employer and FOL president (upper-level
union president)
5. Implement evaluation on the CBA from ordinary member
s (questionnaire survey)
6. Evaluation meetings by union leaders including upper-lev
el unions
ining
The times of No Bargaining
Workers Revolts
Civil Wars & Revolutions
ILO standards in 1919 ~ 1949
•
•
•
•
8-hour work a day
Right to organize union
Right to collective bargaining
Right to collective action
Workers Rights
Collective
BargainCollective
Action
Organize
ing
What is Collective Bargaining
• Collective bargaining is a negotiation bet
ween management and union to jointly de
cide wage, working conditions, social or e
conomical environment which influence th
e livelihood of workers or their families.
• History of trade union is the history to exp
and the agenda and topics for bargaining
with employers.
Principle of Collective Bargaining
• Collective bargaining is determined by powe
r relationship between union and employers.
– Strong union = good collective bargaining
– Weak union = bad collective bargaining
• Collective bargaining is not a “talk show” of
union leaders, but a collective struggle of uni
on members.
• We are united, we bargain. But, we are divid
ed, we beg.
Individual Bargaining versus Collective B
argaining
Flow of Collective Bargaining
1.
Prepa
ration
2.
Progr
ess
3.
Conclusion
• Collect demands & complaints from members
• Make union demands (draft CBA from union
side)
• Nominate union negotiators
• Make a scenario for each bargaining
meeting
• Report back to members about on bargaining results
• Make temporary agreement
• Members’ vote on the temporary
agreement
• Final signature with employer
Preparation for Collective Bargainin
g
1. Evaluate the existing CBAs
2. Questionnaire survey for union members:
demands, complaints, suggestions, ideas
3. Analyze the questionnaire survey
4. Make the union proposal (draft CBA).
5. Decide the union proposal at members a
ssembly or shop stewards meeting.
6. Nominate union negotiators.
Nomination of Negotiators
1. Nominate negotiators among union leaders, sho
p stewards, committed members.
2. Balanced nomination among different departmen
ts, production lines or sections
3. Nominate as many as possible, because the exp
erience of negotiator is a good chance to train go
od unionists. They can be the future union leader
s.
4. Also, nominate upper-level union officers as neg
otiator.
Making Arguments for Union Proposal
1. Collect company information: financial reports, auditing r
eports, managerial analysis, cases of other companies in
the same industry or the same province, government stat
istics, any news on company from mass media, legal doc
uments and labor laws.
2. Think about employers argument against union proposal,
and develop counter-argument to employer’s argument.
3. Make the argumental documents or evidentiary materials
against employers argument.
4. Study and study union documents and materials for mast
ering them.
Progress of Collective Bargaining
1. Send a union letter of bargaini
ng request to employer (if poss
ible, under the name of FOL pr
esident or Upper-level union)
2. The union letter mention the ti
me, place, union negotiators.
3. Before or after sending the lett
er, consult with employer on th
e time and place for negotiatio
n
4. Inform union members of the f
act that union send the bargain
ing request letter.
Order of Negotiation Meeting
1. Declare opening
2. Nominate the meeting chair
(union chair the first meeting,
and employer does the next)
3. Introduction of negotiators fro
m union and employers
4. Greeting speeches by repres
entatives of both parties
5. Discussion and agreement on
the principles of negotiation.
6. Explanation about union prop
osal
7. Reaction to union proposal fro
m employer side
8. Declare closing
Principles of Negotiation between employ
er and union
1. One meeting in a week (if possible two meetings in a week)
2. Make sure that the preparation time for collective bargaining during w
orking hours must be paid. (2 or 3 days of paid leave in a week)
3. Make sure that “real” employer must participate in the negotiation mee
ting.
4. Rotation of chairperson between union and employer
5. Nominate the secretaries of both parties to write the meeting minutes.
6. If some agenda agreed, both parties confirm the agreed agenda and s
ign their names on the meeting minutes.
7. Make the negotiation meeting open to union members and upper-level
unions.
8. Photo and recording is allowed to keep the negotiation meeting transp
arent
Tactics of Negotiators
1. Be dignified and confident as equal negotiator with employer
2. Make sure that every union negotiator speak out evenly and equ
ally.
3. Plan and decide “who does what”; allocate the roles of “hard-line
rs” and “soft-liners”, “attackers” and “defenders”.
4. Chief negotiator (union president) must be not talkative, but cauti
ously speak.
5. Negotiators must be united and harmonized in perfect order. Indi
vidual action or reaction is not allowed.
6. Negotiators must wear the same uniform (company or union unif
orm) .
7. Negotiators must make their entrance and exit at the same time.
Tactics of Negotiators
8. Individual contact between union negotiator and employer is not allowe
d.
9. In case of the individual contact, the concerned person must inform uni
on of the contact and “what discussed”.
10.Unity and consensus among negotiators (among union members) is the
foundation for winning the negotiation.
11.Different opinions among negotiators must be discussed and agreed. If
agreed, anybody must be committed to it. (the issue of union discipline)
12.After every negotiation meeting, report back to members or shop stewa
rds about “what is going on, what was discussed, what agreed and disa
greed” (leaflets, documents, papers).
13.During the negotiation meeting, if emergency or disagreement among u
nion negotiators happen, declare or request the adjournment of the me
eting.
Tactics of Negotiators
14.Bring the memo paper and use it in emergency, or if needed for
internal communication among negotiators.
15.Do not speak emotionally or sentimentally. Do not refrain from
personal attack (defamation) against employer negotiator.
16.Do not use violent language, violent action, and not talk roughly
and rudely.
17.Do not speak, based on rumor, speculation, arbitrary judgment.
18.Be careful for questions led by employers.
19.Refrain from making surprising action, unplanned proposals, inf
easible demands.
20.Check “who is hard-liners or soft-liners”, “who is real decision
maker” from employer side.
Tactics of Negotiators
21.Make “the real decision maker of employer side” to speak out.
22.Complain and protest against the arrogant, ignorant, disregarding, defa
matory, insincere attitudes of employers in the negotiation.
23.Minimize proposing the amendment of union proposal (only 1 time or 2
times).
24.Make “outsiders” a friend: government, police, community people, politi
cal and social organizations.
25. Make sure the regular meetings with union members during the negoti
ation.
26. Combine the negotiation with member education, organizing (new me
mber recruitment ).
27.Develop various events such as ribbon (mentioning union demand) atta
chment, member assembly, member picnic, sports event, family meeti
ng during the negotiation.
Conclusion of Collective Bargaining
1. Make temporary agreement with employer
2. Report back to members about the temporary agreement
3. Organize members vote for/against the temporary agree
ment
4. If a majority of members vote for it, final signature is mad
e between real employer and FOL president (upper-level
union president)
5. Implement evaluation on the CBA from ordinary member
s (questionnaire survey)
6. Evaluation meetings by union leaders including upper-lev
el unions