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Notes: CBA Negotiations and Strategies.

Company Profile:
Name: The European Hair Factory, Inc.
Background: Company is responsible for making or production of wigs
or hair designs. Employees or the union are all rank and file
responsible for the production or manufacturing of hair extension, or
wigs.
the negotiating panel are members are HR officials, and the Owners
(Foreign Citizens of Germany or USA)

- 2 PARTIES: a) Union and, b) Management

What Happened?
1. Review of the Previous Minutes of the Meetings
2. Start with the CBA negotiations
3. The Union send the revised CBA Proposal to the Management;
(Union officers and Labor Org Representative signed the proposal)
4. The Management received the proposal; (Management
representative signed the proposal)

notes:
- assess the culture of each party in the negotiating panel - example,
japanese employers are known for striking the back of the neck and
tends to humiliate an employee during the line of work when the said
employee have done the work wrong.

Strategies on Negotiations or Bargaining:


Two Sets or 2 Aspects: Economic and Non Economic (As opposed to
the normal; Political, Economic, and Administrative) - the parties
intended to limit the discussion to the economic and Non-Economic
Factor

Economic Aspect:
-
-

Notes:
- asked for the quantification from the management panels
Final note: not much has been discussed in the economic factor
because the negotiator shall show the proposal to the owners first.

Non-Economic Aspect:
- Union recognition
- Union security clause
- Job Security
- Basis of Lay-Off
- Grievance procedure - invoke Voluntary Arbitration/Arbitrator - CBA
Deadlock, or any mis agreement or non agreement - proceed to
voluntary arbitration under 50%-50% payment between the parties
- Training - must informed the management but a week ahead. Because
of certain instances of absentees practice of employees by using
seminar/trainings
- Management Prerogative
- Union Recognition - SEBA
- member disloyalty - the name shall be stricken out from the
union’s list. What are grounds for union disloyalty? (Ans: non-payment
of union dues, disrespecting the CBA or the Union’s CBL, Forming
another union while the existing CBA is still in effect)
- Union shall right to the management regarding the issue (see
also the Contract Bar Rule) - the Union may RECOMMEND for the
dismissal, because it is MANAGEMENT PREROGATIVE (Hiring, Firing,
Payment of Wages, and Control)
- purpose: to not involve the management in any intra-union
conflict or inter-union conflict.
- include also the list of those who cannot join the union -
Confidential employees, Managerial Employees - to be determined by
the management, the union shall ask who are those confidential
employee
-Union Dues - every 20th of the month
- Issue: Collection of Union Dues:
- Why would it be the burden of the management to
deduct the union dues from the union’s salary? Ans: it will disrupt the
production of the company. although the management can give the
burden of collection of union dues to the union officers but it
would disrupt the production of the company due to
intra-union conflict, likewise, non-payment of union shall lead to union
disloyalty, in effect, the union can recommend the dismissal of the said
employee

Notes:
- Started the negotiation with the recognition of the LCP
- Appeal to the heart approach/Affix the emotional Issue
- Acknowledged the Management
- look at the bigger picture and say that you wanted to fix the problem
as easily as possible via grievance machinery
- Checking of body language and also used of language.
- Calmly converse (talk and listen) with the management and
membered unions.
- Always set for the goal of establishing and maintaining a harmonious
relationship between the parties
- Acknowledge management prerogative
- Acknowledge union recognition - Sole and Exclusive Bargaining Agent
(SEBA)
- union security clause - explain the effect and how it affects the
production of the company, cite notable cases or scenarios from other
unions.

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