How to Make Collective Bargaining

The times of No Bargaining

Workers Revolts

Civil Wars & Revolutions

ILO standards in 1919 ~ 1949

• 8-hour work a day• Right to organize union• Right to collective bargaining• Right to collective action

Workers Rights

Collective ActionCollective Bargain-ingOrganize

What is Collective Bargain-ing

• Collective bargaining is a negotiation be-tween management and union to jointly decide wage, working conditions, social or economical environment which influence the livelihood of workers or their families.

• History of trade union is the history to ex-pand the agenda and topics for bargaining with employers.

Principle of Collective Bargaining• Collective bargaining is determined by

power relationship between union and em-ployers. – Strong union = good collective bargaining– Weak union = bad collective bargaining

• Collective bargaining is not a “talk show” of union leaders, but a collective struggle of union members.

• We are united, we bargain. But, we are di-vided, we beg.

Individual Bargaining versus Collec-tive Bargaining

Flow of Collective Bargain-ing

• Collect demands & complaints from members• Make union demands (draft CBA from union

side)• Nominate union negotiators

1. Preparation

• Make a scenario for each bargaining meeting

• Report back to members about on bar-gaining results

2. Progress

• Make temporary agreement• Members’ vote on the temporary

agreement• Final signature with employer

3. Con-clu-sion

Preparation for Collective Bar-gaining

1. Evaluate the existing CBAs2. Questionnaire survey for union mem-

bers: demands, complaints, sugges-tions, ideas

3. Analyze the questionnaire survey4. Make the union proposal (draft CBA).5. Decide the union proposal at members

assembly or shop stewards meeting.6. Nominate union negotiators.

Nomination of Negotiators 1. Nominate negotiators among union lead-

ers, shop stewards, committed members. 2. Balanced nomination among different de-

partments, production lines or sections3. Nominate as many as possible, because

the experience of negotiator is a good chance to train good unionists. They can be the future union leaders.

4. Also, nominate upper-level union officers as negotiator.

Making Arguments for Union Pro-posal

1. Collect company information: financial reports, au-diting reports, managerial analysis, cases of other companies in the same industry or the same prov-ince, government statistics, any news on company from mass media, legal documents and labor laws.

2. Think about employers argument against union proposal, and develop counter-argument to em-ployer’s argument.

3. Make the argumental documents or evidentiary materials against employers argument.

4. Study and study union documents and materials for mastering them.

Progress of Collective Bargaining1. Send a union letter of bar-

gaining request to employer (if possible, under the name of FOL president or Upper-level union)

2. The union letter mention the time, place, union nego-tiators.

3. Before or after sending the letter, consult with em-ployer on the time and place for negotiation

4. Inform union members of the fact that union send the bargaining request letter.

Order of Negotiation Meeting 1. Declare opening2. Nominate the meeting chair

(union chair the first meet-ing, and employer does the next)

3. Introduction of negotiators from union and employers

4. Greeting speeches by rep-resentatives of both parties

5. Discussion and agreement on the principles of negotia-tion.

6. Explanation about union proposal

7. Reaction to union proposal from employer side

8. Declare closing

Principles of Negotiation between employer and union

1. One meeting in a week (if possible two meetings in a week)2. Make sure that the preparation time for collective bargaining dur-

ing working hours must be paid. (2 or 3 days of paid leave in a week)

3. Make sure that “real” employer must participate in the negotiation meeting.

4. Rotation of chairperson between union and employer5. Nominate the secretaries of both parties to write the meeting

minutes. 6. If some agenda agreed, both parties confirm the agreed agenda

and sign their names on the meeting minutes. 7. Make the negotiation meeting open to union members and upper-

level unions.8. Photo and recording is allowed to keep the negotiation meeting

transparent

Tactics of Negotiators1. Be dignified and confident as equal negotiator with employer2. Make sure that every union negotiator speak out evenly and

equally. 3. Plan and decide “who does what”; allocate the roles of “hard-

liners” and “soft-liners”, “attackers” and “defenders”. 4. Chief negotiator (union president) must be not talkative, but

cautiously speak.5. Negotiators must be united and harmonized in perfect order.

Individual action or reaction is not allowed. 6. Negotiators must wear the same uniform (company or union

uniform) .7. Negotiators must make their entrance and exit at the same

time.

Tactics of Negotiators8. Individual contact between union negotiator and employer is not

allowed.9. In case of the individual contact, the concerned person must in-

form union of the contact and “what discussed”. 10. Unity and consensus among negotiators (among union mem-

bers) is the foundation for winning the negotiation. 11. Different opinions among negotiators must be discussed and

agreed. If agreed, anybody must be committed to it. (the issue of union discipline)

12. After every negotiation meeting, report back to members or shop stewards about “what is going on, what was discussed, what agreed and disagreed” (leaflets, documents, papers).

13. During the negotiation meeting, if emergency or disagreement among union negotiators happen, declare or request the ad-journment of the meeting.

Tactics of Negotiators14. Bring the memo paper and use it in emergency, or if needed

for internal communication among negotiators.15. Do not speak emotionally or sentimentally. Do not refrain

from personal attack (defamation) against employer negotia-tor.

16. Do not use violent language, violent action, and not talk roughly and rudely.

17. Do not speak, based on rumor, speculation, arbitrary judg-ment.

18. Be careful for questions led by employers.19. Refrain from making surprising action, unplanned proposals,

infeasible demands.20. Check “who is hard-liners or soft-liners”, “who is real decision

maker” from employer side.

Tactics of Negotiators21. Make “the real decision maker of employer side” to speak out. 22. Complain and protest against the arrogant, ignorant, disregarding,

defamatory, insincere attitudes of employers in the negotiation. 23. Minimize proposing the amendment of union proposal (only 1 time

or 2 times). 24. Make “outsiders” a friend: government, police, community peo-

ple, political and social organizations. 25. Make sure the regular meetings with union members during the

negotiation.26. Combine the negotiation with member education, organizing

(new member recruitment ). 27. Develop various events such as ribbon (mentioning union de-

mand) attachment, member assembly, member picnic, sports event, family meeting during the negotiation.

Conclusion of Collective Bargaining1. Make temporary agreement with employer2. Report back to members about the temporary

agreement3. Organize members vote for/against the temporary

agreement4. If a majority of members vote for it, final signature is

made between real employer and FOL president (upper-level union president)

5. Implement evaluation on the CBA from ordinary members (questionnaire survey)

6. Evaluation meetings by union leaders including up-per-level unions