I've Had it with this Week (a little labor law education below)

Kinja'd!!! by "ImmoralMinority" (araimondo)
Published 08/11/2017 at 16:51

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STARS: 8


Kinja'd!!!

I’m done. I had a long week. Today, for the first time in my career, I told a union at the collective bargaining table that we are headed toward impasse, as close as I have ever gotten to an impasse. While I hope it doesn’t happen, I am very worried that we are headed there. What we presented today was not our last, best and final, but it was damn close.

Kinja'd!!!

An impasse occurs when the parties’ positions become fixed such that further discussion will not lead to an agreement. Once this happens, the employer may implement its last, best and final proposal without an agreement. Negotiations must continue, but the employer can set the terms and conditions of employment per its last offer.

Kinja'd!!!

Some management negotiators relish the idea of impasse, because it sends a strong message of employer power and union impotence. I do not subscribe to this view.

My clients do not have the money to wage war with a union. I handle counter-organizing campaigns, and try to convince employees to vote against the union within the boundaries of the law. No election where I represented the employer has ever been overturned for misconduct, a record I am proud of.

Kinja'd!!!

Once employees choose the union, smart business is to embrace the relationship. The overwhelming majority of unions are reasonable, and want a healthy business to provide job security. In truth, in most cases I prefer when my clients are unionized, because when we do it right, the union helps protect us from risk.

Where there is mutual trust and respect, the union can reduce the HR burden. By including them in things like discipline and terminations, you can show you are playing fair with your employees, and ensure consistency in your practices. If you put the work into the relationship early, it saves stress later. Most employers believe that unions are the end of everything, but in most cases you can manage the relaionship in a way that makes you better off with a union.

In this particular case, neither side is being patently unreasonable, but both are trying to protect their interests in an economically fucked up industry. I don’t fault the union at all, and we have called in federal mediators to help us. We have been negotiating for 2 years, and I have put a huge amount of effort into establishing a relationship of trust between my client and the union, and all of that is at risk.

When you declare impasse and shove a proposal down their throat, you destroy the relationship. I am very afraid of this happening.

I have the afternoon free as they are chewing on our “almost” last, best and final proposal. I am going to look into a couple of things for the Suchaser - audio improvements and window seals.

This ended up being longer than I intended. I hope I did not bore you.

 

 


Replies (6)

Kinja'd!!! "JR1" (type35bugatti)
08/11/2017 at 17:07, STARS: 1

As an impressionable L2 I will get back to this explanation on Labor Law later. Currently I am procrastinating from writing my first ever Law Review article. Tis rather arduous.    

Kinja'd!!! "WilliamsSW" (williamssw)
08/11/2017 at 17:07, STARS: 1

I can only imagine how hard it is to negotiate a deal when there just isn’t enough money available to make both sides happy. Not their fault, but you’re trying to feed a family of 4 with a half of a sandwich, it sounds like.

How was the dinner Monday? Hopefully the conversation was constructive, rather than combative.

Enjoy the afternoon with the Sunchaser!

Kinja'd!!! "Rusty Vandura - www.tinyurl.com/keepoppo" (rustyvandura)
08/11/2017 at 17:34, STARS: 1

Not at all (boring). I am a teacher and my union is as crooked as a dog’s hind leg. I do not believe a single thing they ever say and I will henceforth — after they threw me under the bus and I came out smelling like a rose — refuse to participate in ANY union ANYTHING. I’d quit the union, but I don’t see an upside to antagonizing them. As it is, through what happened last year, I’m pretty sure the union president took a torpedo. She dogged the hatches and pumped the seawater overboard and will sail away and fight other fights other days, but she took a torpedo nonetheless. I’d tell you more, if you were curious, but I wouldn’t to that here.

Can you say anything about what industry you are working with on the aforementioned deal?

Kinja'd!!! "shop-teacher" (shop-teacher)
08/11/2017 at 19:29, STARS: 1

This was good insight. It’s nice to see something written about unions that’s not horribly biased towards one side or another.

Kinja'd!!! "6691 zapS" (6691-zaps)
08/13/2017 at 17:06, STARS: 1

No this is interesting. Nice to get some facts.

Kinja'd!!! "6691 zapS" (6691-zaps)
08/13/2017 at 19:49, STARS: 0

As usual life is composed of some grays just not black and whites. Can you bottle this and sell it?

Maybe get more people to have ideas and not beliefs?

I love this line from Dogma.