Pros and Cons of Collective Bargaining Section I: General advantages and disadvantages of collective bargaining Pros Cons Managements

Managements authority and freedom are much more restricted by negotiated rules. Creates significant potential for polarization between employees and managers. Disproportionate effect of relatively few active employees on the many in the bargaining unit. This is particularly the case when collective bargaining involves a system-wide structure of elections. Increases bureaucratization and requires longer time needed for decision making. Can lead to high-performance workplace where labor and management jointly engage in problem solving, addressing issues on an equal standing. Provides legally based bilateral relationship. Managements rights are clearly spelled out. Employers and employees rights protected by binding collective bargaining agreement. Multi-year contracts may provide budgetary predictability on salary and other compensation issues. Unions may become strong allies in protecting higher education from the effects of an economic slowdown. Promotes fairness and consistency in employment policies and personnel decisions within and across institutions. Employees may choose whether they want union representation. A strong labor management partnership may enable the workforce development needed for engaging the technology revolution.

2 Increases participation by external entities (e.g., arbitrators, State Labor Relations Board) in higher educations decision making. Protects the status quo, thereby inhibiting innovation and change. This is particularly the case when the change involves privatizations. More difficult for employees at smaller campuses to have their voices heard. Higher management costs associated with negotiating and administering the agreements. Eliminates ability of management to make unilateral changes in wages, hours, and other terms and conditions of employment. Restricts managements ability to deal directly with individual employees. Increased dependence on the private sector for certain services, particularly those requiring technological competence, may be compromised. Contract administration is a very difficult process to manage and significantly changes the skill set required of managers and supervisors.

Section II: Advantages and disadvantages of collective bargaining based on the proposed legislation (i.e., if we have collective bargaining, what are the advantages and disadvantages of this law?) Pros Board of Regents maintains right to establish the labor-related activities that may take place on the work site, subject to labors right to appeal to State Labor Relations Board (SLRB). Individual institutions may negotiate subagreements on any issue, preserving institutional distinctions on matters subject to collective bargaining. Board of Regents has the authority to assign titles and positions to bargaining units, subject to labors right to appeal to SLRB. Elections may take place at reasonable intervals (every 2 years). Employees are prohibited from striking and engaging in other similar work stoppages or slowdowns. Lack of impasse procedures favors management.

Cons

Employees who are not members of unions are not required to pay service fees. Employees may still discuss any matter with the employer. The management rights section is extensive. A broad range of employees are exempted. An election is required before employees can choose to bargain collectively or not.

Negotiation of system-wide bargaining contracts will be cumbersome and timeconsuming, requiring agreement among system-wide managers before negotiations begin and restricting flexibility during negotiations. The subagreement process will be difficult to administer. There will be an increased burden on the Board of Regents to craft a flexible management plan to serve as the basis of the negotiation with the exclusive bargaining agent. The votes of employees within a bargaining unit at a single large institution may dominate the decision whether that system-wide bargaining unit will engage in collective bargaining. The USM has no representative on the SLRB. Legislative approval may be required on certain matters that are now within the Board of Regents authority, running counter to the spirit of autonomy granted in S.B. 682. A very strong system of shared governance will be restricted to a very limited number of areas. Under the guise of inconsistency and unfairness, labor will attempt to negotiate away the different conditions of work and various economic benefits necessary to the unique requirements of an institution.