meet & confer: run & hide, or get prepared? · advantages •communication with and...

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Presented by: Elizabeth M. Provencio Denton, Navarro, Rocha & Bernal, P. C. [email protected] 2517 North Main, San Antonio, Texas 78212 (210)227-3243 Phone; (210)225-4481 Facsimile Meet & Confer: Run & Hide, or Get Prepared?

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Page 1: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Presented by: Elizabeth M. Provencio Denton, Navarro, Rocha & Bernal, P. C.

[email protected]

2517 North Main, San Antonio, Texas 78212

(210)227-3243 Phone; (210)225-4481 Facsimile

Meet & Confer: Run &

Hide, or Get Prepared?

Page 2: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Overview: Understanding

Options

• Meet and Confer compared to

Collective Bargaining

• Proceeding after a meet and confer

petition is received

• Developing a bargaining style

• Basics of interest based bargaining

Page 3: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Meet and Confer/Collective

Bargaining

• Meet and Confer

– Cities are not required to enter into labor

negotiations, or to make a contract on

any of the potential subjects for

negotiations

• Collective Bargaining

– Required to negotiate in good faith the

terms and conditions of employment

Page 4: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Advantages

• Communication with and improvement of relationship with employees

• Variations to Civil Service (pay, benefits, hiring, discipline, promotion)

• In Meet and Confer context no petition for civil service or collective bargaining

Page 5: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Disadvantages

• Income growth disparity between public

safety employees and remaining public

workforce

• Loss of flexibility in establishing pay

and benefits

• Cost of the process in time and money

Page 6: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Collective Bargaining

• The Fire and Police Employee relations

Act – “Chapter 174”

• Modeled after NLRA

• Does not fully track the structure of

federal private sector bargaining

• Three way relationship is different in

the public Sector

Page 7: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Legal Basis for Collective

Bargaining

• Chapter 174

• Election

• 174.105

– “…the public employer and the association shall bargain collectively.”

– Meet at a reasonable time

– Confer in good faith regarding compensation, hours, other conditions of employment, negotiation of agreement or question arising under an agreement

Page 8: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

• NLRA model, with exception

• “… a political subdivision shall provide its fire

fighters and police officers with compensation

and other conditions of employment that are

substantially the same as compensation and

conditions of employment prevailing in

comparable private sector employment.”

§174.002(a) TLGC

Page 9: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

• “Under state employment law relating to public employees, a recognized limitation on mandatory bargaining is the concept of management prerogative, which involves issues of policy that should be exclusively reserved to a government’s discretion.” Corpus Christi Firefighter’s Association v. City of Corpus Christi 10 S.W.3d 723, 726-27 (Tex. App. – Corpus Christi 1999).

• Open deliberations

• May preempt other law or provisions §174.005

Page 10: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

• Mediation

• Impasse

• Arbitration

– Voluntary

– Voters may elect binding arbitration option.

City of Port Arthur v. International Association

of Firefighters, Local 397, 807 S.W.2d 894

(Tex. App. – Beaumont 1991).

Page 11: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

• Judicial determination provision is

unconstitutional delegation of legislative power

to the judiciary, International Association of

Firefighters, Local union No. 2390 v. City of

Kingsville, 568 S.W.2d 391 (Tex. Civ. App. –

Corpus Christi, 1978).

Page 12: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Meet and Confer

• Chapter 142

• Differs from collective bargaining

– Cities are not required to enter into labor negotiations, or to make a contract on any of the potential subjects for negotiations

• Under collective bargaining

– Required to negotiate in good faith the terms and conditions of employment

Page 13: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Meet and Confer

• Exception to Texas labor law not permitting public sector employers to

– Recognize an employee association,

– Negotiate for the terms and conditions of employment, or

– Enter into a collective bargaining agreement

Page 14: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Legal Basis for Meet and

Confer

• History in Austin and Houston

• 2005 Statute applicable to Fire and Police for cities with a population of 50,000 or more covered by Chapter 143

• 2007 Statute applicable to EMS (if independent department and population of 460,000 or more)

Page 15: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Proceeding After the City

Receives the Petition for Meet

and Confer

• City may agree to proceed or choose to allow decision to go to the voters

• Option to allow for certification election, if dispute as to representation

• Interest and expectations of community

• If Council accepts, council retains control and prerogatives

• If voters, voters then retain control over the future use

Page 16: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Getting Started

• Selecting bargaining team

• Identifying interests/priorities (hiring,

promotion, discipline examples in

Abilene, Denton, San Marcos)

• Pay and compensation philosophy

Page 17: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Getting Started

• Interest-Based Bargaining Training

(free) by Federal Mediation and

Conciliation Service

• Establish ground rules

Page 18: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Public Sector Triangle

• Essential foundation of city council

support

• Elected officials must have a full

understanding of the process

Page 19: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

What motivates employees

in an individual and

collective sense

• When addressing employee and labor relations it is important to understand what motivates employees and what they find rewarding

Page 20: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Fostering Good Labor

Relations

• Know the issues, be engaged

• Foster communication

• Be accessible

• Take and implement good suggestions

• Give credit for the good suggestions

• Reward good behavior

Page 21: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Bargaining Approach

Traditional Interest Based

Parties exchange proposals Joint Proposals

Posturing & mistrust Identify interests

Win-Lose interests Build from common

Compromise Win-Win

Page 22: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Conflict Management

Styles

• Avoider--neither advances issue nor

relationship

• Accommodator--advances relationship,

not issue

• Competitor--advances issue, not

relationship

• Compromisers--advances both partly

• Collaborator--advances both fully

Page 23: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Bargaining Approaches

• Traditional

– Develop arguments and conflicts on two competing “sides” to try to achieve the defined objectives which are inevitably extreme by virtue of the nature of an adversarial process

• IBB

– To increase participant’s awareness that Successful Bargaining depends on developing a Positive On-going Relationship between the parties that permits achievement of Shared Goals without undermining both party’s ability to achieve individual goals and protect Traditional Rights and Practices.

• Long Term

– Incorporate Bargaining Process learned into operations and conflict resolution as a part of the organization

Page 24: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Developing a Bargaining

Culture

• Positive relationships

• Establish and maintain trust

• Shared information

• Understanding even if not agreement

• Seeking solutions

• Positive direction and progress

• Fairness by comparison and circumstances

Page 25: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

IBB Overall Objective

• To increase participant's awareness that

Successful Bargaining depends on

developing a Positive On-going

Relationship between the parties that

permits achievement of Shared Goals

without undermining both party's ability to

achieve individual goals and protect

Traditional Rights and Practices.

Page 26: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

“Consensus is a form of group Decision-

Making. Everyone discusses the issues to

be decided so that the group may benefit

from the knowledge and experience of all

its members. In order for consensus to

occur, every member of the group must be

able to support the decision”

2

Page 27: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Understanding the Definition of

Consensus

• Everyone in the group had been heard

• Open discussion and sharing of

information

• Everyone can live with and support the

decision even though it may not be

their first choice

Page 28: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Decision-Making

METHODS • Imposed by Authority

(Executive)

• Majority Vote

• Consensus

RESULTS • No Feedback

(Assumes Leader

Knows Best)

• Splits Group

• Full Support

4

Page 29: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Benefits of Consensus

• Decision has been

reached by all group

members

• Creativity

• All group members are

engaged, providing

commitment to and

satisfaction with the

process

• Post decision

ownership and support

• Acceptance by

constituents will be

strong

• Implementation should

be unopposed

• Fosters partnership

principles

• Encourages respect,

cooperation, listening

and information sharing

Page 30: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Testing for Consensus

• Has everyone been heard?

• Can Everyone live with the decision?

• Will everyone actively support the

decision?

Page 31: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Standouts

• Defined as an exception(s) to reaching

a decision supported by the rest of the

group

• Also referred to as “blockers”

Page 32: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Responsibilities of

Standouts

• Stay involved with the group and not

yield with pressure

• Clearly explain the reasons for blocking

consensus

• Offer a solution that would remove the

block

Page 33: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Responsibilities of the

Group Regarding

Standouts

Support the standout Consider the

solution offered

by the standout

Page 34: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

SUMMARY CONSENSUS BENEFITS

17

Commitment

Ownership

Creativity

Satisfaction

Page 35: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

is based on P.A.S.T.:

• Principles

• Assumptions

• Steps

• Techniques…which Trained problem-

solvers use to achieve positive results for

both parties

Page 36: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

PRINCIPLES

Focus on issues, not

personalities

Focus on interests, not positions

Create options to satisfy both

mutual

and separate interests

Evaluate options with standards,

not power

Focus on present, not past

Page 37: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

ASSUMPTIONS

• Problem solving enhances relationships

• Both parties can win

• Parties should help each other win

• Open discussion expands mutual interests and

options

• Standards can replace power in solving problems

Page 38: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

STEPS

Prepare for IBPS

Identify issues

Identify interests

Develop options

Develop standards

Judge options with standards

Achieve IBPS Solution

Page 39: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

TECHNIQUES

• Brainstorming

• Consensus Building

• Other Problem Solving Tools

Page 40: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

PROBLEM SOLVING PROCESS

1. ISSUES (What is the problem?)

2. INTERESTS

(Why is it a problem?)

3. OPTIONS

(How might we solve it?)

4. STANDARDS

(How shall we evaluate the

options ?)

5. JUDGE OPTIONS WITH

STANDARDS

GROUP PROCESS TECHNIQUE a. Identify Issue

b. Discussion/Info Sharing

c. Consensus/Agreement on the Issue

a. Identify Interests

Separate and/or Mutual

b. Discussion/Info Sharing

c. Consensus on Mutual Interests

a. Brainstorming

a. Discussion and Consensus

on Standards to be used

a. Discussion and Consensus

on which Option to use

Memorialize the Solutions in Writing 7

STEPS

T

H

R

O

U

G

H

O

U

T

Idea

Chart

Page 41: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Interest-Based Bargaining

A method of Problem Solving in which

the interests of all parties involved are

addressed, multiple solutions and

creativity are encouraged, and issues

are addressed through open dialogue

and information sharing.

2

Definition

Page 42: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

PROBLEM SOLVING

PROCESS

Step 1: Define the Problem

Step 2: Determine Interests

Step 3: Develop Options

Step 4: Select a Solution

Four Step Process

3

Page 43: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

STEP 1

DEFINE THE

PROBLEM

Why defining the problem is important

How to define the problem

1

Page 44: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Proper Questions

1. begins “How might we…?”

“How can we…?”

2. cannot be answered “yes or no”

3. contains no solutions

4. contains no accusations or

inflammatory wording

6

Page 45: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

DEVELOPING OPTIONS – Brain

Storming

PHASE I PHASE II

4

Build on other’s ideas

Reserve Judgment

Aim for quantity

Imagine wildly

No killer phrases

Critical Judgment

Analyze

Determine priorities

Page 46: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Continuing Process

• Defining Interests

– Mutual analysis

– Potential for win/win outcomes

• Identifying Options

– Listed

– Pros and Cons

• Selecting Solutions

– Value weighted

– Application of Standards

Page 47: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

8

REACHING

A FINAL SOLUTION

• Decide if all of the best options can

be retained

• If not, select options which satisfy

the most interests

Page 48: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

Constituent Buy-In

• Inform them of why you have chosen this

process and seek support

• Educate constituents on the supporting

principles (P.A.S.T.)

• Seek information from constituents. Ask:

– What is the problem?

– Why is it a problem?

– If you could fix the problem what would you

do?

Page 49: Meet & Confer: Run & Hide, or Get Prepared? · Advantages •Communication with and improvement of relationship with employees •Variations to Civil Service (pay, benefits, hiring,

End of Presentation

• Thank you for your time and attention

• Good luck.