Friday, July 2, 2010

Meet Me At the Fish Hatchery

We start union negotiations again this month. The scope is limited to pay increases. As we prepare to meet again, I wonder about some issues.
Nearly every kind of management/union negotiation process relies on some form of ground rules. Ground rules are the standards of conduct for consensus building. Many of these rules are unspoken/unwritten and there can be a steep learning curve for new participants.
Ground rules usually cover the behavior of the negotiating teams, the role or behavior of any third party (e.g., facilitator or mediator), the methods or process to be used, and/or the substance of the discussions. The initial set of rules are generally negotiated before or during the first meeting and establish common rules of engagement regarding project organization, group decision-making, communication with constituents and the media, and the use of data and technical information. This being said, I have never been involved in negotiating ground rules. The Union negotiator and the City’s labor consultant who are negotiating in several cities show up and act like everyone already knows the rules and expectations. I’m pretty sure that the local union representatives have no better idea of the ground rules the Union negotiator and the City’s labor consultant are using then I do.
With the emphasis on ground rules stemming from a belief that all parties in a dispute resolution process should be treated equally and fairly, I would expect that knowledge would be a good thing. The fact appears to be that the rules spell out behavior and procedures that people consider fair, but tend to abandon when push comes to shove in the issues that really matter to people.
Example of rules that a generally well followed are behavioral ground rules that people must talk one at a time, that they must listen carefully to their opponents' statements, or that they must treat each other with dignity and respect. Typically parties agree that no one is permitted to dominate a discussion or claim special privileges unless the entire group agrees to grant them. Derogatory language or attacks on other people's values or culture are usually not permitted.
Here are some rules that apply to processes and procedures that have not made it into our negotiations as written or spoken agreements. For example, process ground rules might say that people are expected to be on time for meetings, that substitute representatives must be approved before the meeting occurs, and that observers are (or are not) allowed. Rules for managing participation may also be instituted. For example, should participants raise their hands and wait to be called on, or should they speak freely? Other process rules concern how draft documents will be circulated and reviewed and how to reschedule meetings if necessary. Obviously, there is some unspoken/unwritten understanding that is used because the negotiations are progressing.

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