why involve an attorney in cba negotiations

How to negotiate an existing contract agreement (CBA)?

Take the time to fully analyze the existing CBA and craft new proposed contract language which eliminates anything which puts you at a competitive disadvantage or adds inefficiency. Scrub the existing CBA to identify every provision which you want to delete. Of course you won’t be able to successfully negotiate all you desire.

Can lawyers negotiate effectively?

The fact is, lawyers negotiate constantly. Whether you’re trying to settle a lawsuit or attempting to close a merger, you’re negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively. It’s natural. It can also be devastating.

Are bargaining negotiations regulated by the law?

However, the underlying legal and relationship aspects make these areas distinct. General business negotiation and lawsuit negotiations are not regulated by statutory provisions. In contrast, external laws mandate and govern a collective bargaining negotiation. Who Governs the Different Bargaining Situations?

How negotiations can help you meet your business objectives?

Negotiations are time-consuming and expensive. If you have to go through the process, it is wise to do everything you can to increase the chances that when you come out the other end, you have increased your ability to meet your business objectives.

Should you negotiate with lawyers?

If you're prepared, though, your experience with a lawyer doesn't have to be painful. In fact, negotiating with your lawyer before they start work—and discussing the small details that can add up to a big bill—can lay the groundwork for a trusting, mutually beneficial relationship.

How do I prepare for CBA negotiations?

How to Prepare for Collective Negotiations With a UnionStep 1: Form and Train the Negotiating Team on its Legal Obligations. ... Step 2: Review Experience During the Life of the Last CBA. ... Step 3: Review Previous Negotiations. ... Step 4: Take the Unit's Composition into Account. ... Step 5: Prepare a Wage and Benefit Analysis.More items...

What should be included in a collective bargaining agreement?

Those subjects include items like wages, overtime, bonuses, grievance procedures, safety and work practices, and seniority, as well as procedures for discharge, layoff, recall, or discipline.

How do lawyers negotiate contracts?

A lawyer usually recommends that contracting parties talk to each other directly before getting him or her involved in the negotiations. The communication can occur over the phone or via email, and it should involve discussion of the main points and getting an agreement on the proposed changes.

What should I ask for in union negotiations?

What to Ask For During Union Contract NegotiationsWage increases.Health insurance, including employee share of costs.Retirement plans, including employer/employee contributions.Vacations.Holidays.Paid leave for a pandemic or other major health events.Reimbursement for the cost of safety supplies.

What are some strategies of unions in negotiations?

Keep it cordial. Prior to negotiations, avoid provoking the other side with legal maneuvers, side deals, and other tactics that could worsen tensions.Start early. ... Imagine worst-case scenarios. ... Make a realistic offer. ... Put it all on the table.

What are the three mandatory terms that must be included in collective bargaining?

There are three categories of subjects that are established under the National Labor Relations Act. They are: mandatory; permissive or voluntary; and, illegal subjects. Mandatory subjects are those that directly impact – wages, hours or working conditions (or terms and conditions of employment).

What is the difference between collective bargaining and collective agreement?

A collective agreement is a written contract between the employer and a union that outlines many of the terms and conditions of employment for employees in a bargaining unit. The terms and conditions are reached through collective bargaining between the employer and the union.

What are the 4 types of collective bargaining?

There are several types of collective bargaining, including composite concessionary, distributive, integrative, and productivity bargaining.

Are negotiations legally binding?

Verbal negotiations can create a binding agreement, even though essential terms have not been agreed and the parties had first expected to sign a document recording it. The conduct of the parties – during the negotiations and afterwards – may be considered when deciding whether or not there is a binding agreement.

What do corporate lawyers negotiate?

They form a project entity, a corporation, partnership or other legal entity that will exist for the term of the project, and they draft power purchase agreements and construction contracts, and negotiate financial terms with lenders and investors. Some corporate lawyers specialize in securities law.

How do you stand firm in negotiations?

There are always more opportunities to come....Create Common Objectives. ... Make an Informed Stand. ... Be Willing to Walk Away. ... Never Compromise on Your Core Values.

How should I prepare for the first collective bargaining agreement with a union?

Preparation is everything. Union contract negotiations are based on legal, organizational, and cost factors, so addressing each of these factors before negotiations start is crucial. You need to identify and understand the:

Developing Your Strategy Before Your First Collective Bargaining Agreement

You want to develop a strategy beforehand. The strategy will address points like:

Who should be on your contract negotiating team?

You need a management negotiation team that represents the company. To prepare for your first collective bargaining agreement, the team should consist of a:

What are some best practice communication strategies we can apply without overshadowing the union and without losing control of communication to staff?

You must bargain in good faith with the union. It’s the law per the NLRA (Section 8 (d) & 8 (a) (5)). There is a long list of things you cannot do, covering everything from refusing to bargain to failing to meet at reasonable times to making changes to wages or terms of employment before negotiations start.

Tips for a Successful Negotiation Process

Jennifer Orechwa, Director of Business Development at IRI Consultants, shared some tips for a successful negotiation process.

What methods do unions use when they negotiate a contract?

Of course, you want a win-win negotiation process, but what does that mean exactly? Can you try to get the best concessions for your business and maintain a win-win balance? Lawrence Susskind, Ford Professor of Urban and Environmental Planning at MIT and President of the Consensus Building Institute, wrote the book Good for You, Great for Me: Finding the Trading Zone and Winning at Win-Win Negotiation, and he says, "yes!" Applying his principles to negotiating your first collective bargaining agreement, a win-win doesn't require you to:.

Negotiating from a Position of Strength

The union will be preparing for negotiations in a way similar to your preparations.

What Does Negotiation Look Like?

Oftentimes, the parties involved in negotiating terms and conditions will go back and forth and talk freely about their needs and differences, in order to come to the best possible agreement for all involved.

How is Negotiation Different from Litigation? How is Negotiation Different from Mediation and Arbitration?

In financial terms, negotiation is generally cheaper than litigation. The negotiations process also tends to take less time than litigation. Litigation is far more involved and takes a good deal more preparation up front.

What Is Contract Negotiation?

Negotiation is most commonly associated in the context of being able to negotiate contracts. Contracts refer to a set of promises or obligations made by each party.

What are the Legal Aspects of Negotiation Preparation? What are the Business Aspects of Negotiation Preparation?

As part of the preparation process, parties involved would do well to familiarize themselves with the laws of their state. As previously mentioned, laws of what the contract covers could vary widely from state to state.

Do I Need a Lawyer to Participate in Negotiations?

Working with either a financial negotiation lawyer, or a contract negotiation attorney, can benefit your case by ensuring you are thoroughly prepared to enter into negotiations. If you are involved in any sort of legal situation requiring negotiations, you should consult with a skilled and knowledgeable business attorney.

What is negotiation power?

It’s thus critical to ask questions and get as much relevant information as you can throughout the negotiation process. With information in your pocket, you have power. Without it, you ’ll be scrambling. Effective lawyer-negotiators know this well.

What should opposing counsel convey to opposing counsel?

On the one hand, they should convey to opposing counsel that they are ready, willing and able to take the case all the way through trial. After all, most litigators’ best alternative to settling the case — a critical element of leverage — is trying it.

Do lawyers negotiate?

The fact is, lawyers negotiate constantly. Whether you’re trying to settle a lawsuit or attempting to close a merger, you’re negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively. It’s natural.

What is a CBA agreement?

A collective bargaining agreement (CBA) is the agreement reached between the employer and the labor union that will govern the employment for the employee-members of that labor union. Importantly, the agreement is between the union and the employer, not between the employer and its individual employees.

What is a CBA?

What is a collective bargaining agreement (CBA)? One of the benefits for employees in forming and joining a union is the increased bargaining they will have against their employers. One worker will likely not be able to get his employer to agree on new safety measures or a wage increase, but more workers will have a better chance.

How does the CBA work?

The CBA is usually in place for a set period of time and it cannot be changed by a notice or an announcement by the employer without first negotiating with the employees’ union representatives. The National Labor Relations Act, which was passed in 1935, guaranteed the right of employees to organize trade unions and engage in this collective ...

What happens when DC16 accepts the agreement?

When the DC16 workforce accepts the agreement, their membership holds a vote to determine the allocation of any monetary changes. Our Association will collaborate with them to draft new wage rate sheets.

What is the purpose of DC16 meeting?

The Association and DC16 will meet to discuss and review complex items that arose during negotiations that need more time to fully develop to be addressed at the next round of negotiations.