Industrial Relations of Antigua and Barbuda Union of Teachers
Collective Bargaining
The legislation concerning negotiation procedure was enacted in 1984 when the Civil Service Act was approved by Parliament. The Act however, became operational in 1987. It was during this time that Teachers and other Civil Service Organizations negotiated their First Contract. The Contract was signed on the 13th day of May, 1987 by the President Austin Josiah and Leroy Sutton - Executive member - on behalf of A&BUT, while Ms. Genevieve Benjamin, and Mr. Cardinal King, Chief Establishment Officer respectively, signed on behalf of the Government. The Contract covered the period 1987 - 1990, the first ever contract for teachers, and it awarded salary increases ranging from 68% to 120% over the three year period. The New Contract provided for the following teaching needs:
1. Re-grading and Re-designation
2. Up-grading
3. New Posts
4. Revision of Salaries
5. Salary Increases
6. Revised Salary Scales
7. Qualification
8. Resolution of Disputes
The Union’s Officers who negotiated this contract were:
Austin M. Josiah - Leader
Ruth Limerick - Dep. Leader
Leroy Sutton - Member
Avonella Thomas - Member
Edrys Joseph - Member
The Civil Service Act 1984 makes provision for ongoing Negotiations.
Communication With The Government During A Stalemate
A series of polite letters to the "Government" asking that the issue be determined.
A referendum amongst Teachers on the issue (Collecting Signatures).
Meeting to discuss the issue and explain the referendum. (After School hours).
Up-dating Staff Representative.
Continue letters to Government Officials.
Fund Raising for "Advertisement" etc.
Mobilization of Teachers, Lobbying of Public (such as Chamber of Commerce, Lions, Rotary, Churches, Trade Unions and the Opposition).
Red Arm-bands or ribbons.
Mobilization of Parents:- PTA Meetings, Circulars, ATTRACTIVE Newsletters.
Teacher Action - Within the Law.
Mass Meetings, with parental support.
Continued Public Pressure - A STRIKE IS A LAST RESORT with 80% of the Membership voting for this action.
Negotiating Course Outline
I. Preparing Contract Proposals
A. Steps To Be Followed
Items from previous negotiations
Try to note impasse items
Canvas of members
Use of Staff Reps.
Grievances
Representatives of different categories
B. Importance of Area
Best serve rank and file
You get a sense of where people feel strongly
Give a sense of leadership listening
Prepare support for strike
Can engage in dialogue. Explain why current proposals accepted
Able to bargain more effectively
First step to rank and file sense of participation
C.Drafting Of Proposals Generally
Should be done in presence of bargaining committee
Initial draft by committee
Use of experts (executive or otherwise)
Dialogue between experts and committee
D. Hints On Drafting
Keep language simple and direct
Make sure basic idea is conveyed to members or arbitrators
Try to visualize what problems might develop
Try to visualize how management will interpret
No fish hooks i.e. Sneak things into negotiations, tricky use of language. Be straightforward
Explain to management
E. General Areas Of Concern
Reserved rights for management
Significance of past practice
Autonomy for teachers - enhance professional status of members
Tasks which may not be assigned
F. Specific Areas Likely To Be Sources Of Dispute
Seniority
Discipline
Changes in curriculum
Authority of Principals
Use of Aides
Pupil discipline
Class size
G. Economic Proposals
Role of Staff Reps.
Collection of dues
Permanence of Staff Reps.
Union Security - Collective Bargaining fees
Use of bulletin board
Notice to Union of any changes
President's time, business time, negotiating time, grievance time
Study agreement, Grievance Contract, Rules and Regulations.
II STRATEGIES OF NEGOTIATIONS
A. SEQUENCE OF PROPOSALS
Ground Rules
Non-monetary items
Institutional items
Monetary items
Clean up items
B. MAKE UP AND FUNCTION OF BARGAINING COMMITTEE
Representatives of different Categories
Mix of militants and moderates - harmony and hard work
Different functions of people on committee
Notes - minutes b. Observation
Chief negotiator is Head of negotiating team
The importance of speaking with a single voice
Do not give non-verbal clues
C. THE ROLE OF THE PRINCIPAL NEGOTIATOR
To state positions as indicated; must take in process of formulation
Forms of persuasion
Justice
Value to the other side
References to membership
Trade
Threat
Ascertain what other side will give. Don't stop talking
Must listen carefully
Do not show anger except when it will do good (rarely)
Must listen to members of committee
Intelligence gathering; private consultation
Planting of clues
Do not
Promise what cannot be delivered
Tell direct untruth
Threaten too often
How to utilize militants
The carrot and the stick
Use of momentum
Relationship to other side's negotiator
D. IMPASSE
Delay statement of impasse
Value of going to impasse on some occasions
The strike threat
The Membership veto.
The use of Crises situations
Soundest when close to agreement
Don't go to impasse on wrong issue
Must have membership support
Express desire to award show down and describe consequences
2:6 MEETINGS CHAIRING THE EXECUTIVE MEETINGS
The following general rules for conducting an executive meeting must, of course, be adapted to the character of the meeting.
Begin the meeting punctually
Say a few words of welcome - make the participants feel free and easy
Present the subject for discussion identify the issue Choose a suitable starting point for debate
Conduct the discussion analytically - stimulate the discussion with questions.
Elicit opinions and observations
Keep the discussion to the point
Avoid personal conflicts Create a friendly atmosphere
Listen
Ascertain agreements or disagreements
Stick to the schedule time
Make the discussion constructive
Propose solutions
Discuss solutions
Balance advantages and draw backs
Make decisions
Obtain the support of the participants based on correction for the joint decision
Ensure agreements / decisions are recorded
Test Decisions
Examine advantages and draw backs
Seek process towards the implementation
Seek time frame of implementation
Conclude Meeting
Give a summary of the result of the meeting
Thank Participants.
Declare the meeting closed
Follow-up
Seek preparation of minutes within a time frame
Supervise implementation of decisions
REMIINDER
1. An agenda is prepared for executive meetings
2 Executive Meetings are constitutionally due the last Tuesday of each month
MEMBERS MEETING chaired by Staff Representative
As an increasing amount of time is being spent on meetings, it is in everybody's interest that these meetings should be conducted as efficiently as possible.
A members meeting will pass off well if:
The right information is given at the right time
Members are given the opportunity to state their opinions on important matters.
If the Staff Representative leaves the meeting with a clear understanding of the members' views enabling him / her to pass on information to the other union leaders.
It is conditional for the achievement of these results that the Staff Representative is familiar with the leading and technique of meetings and conferences.
A Staff Representative who knows these special rules and uses them may contribute to an efficient use of the time, which in itself will make the members more interested in attending the meetings.
PREPARATIONS BEFORE A MEMBER MEETING
Members' Meetings are usually conducted by the Staff Representative, and, anyway, task of making the important preparations will always fall on the staff representative, even if the meeting should decide to elect a Chairman.
It is the Staff'Representative's duty to prepare, conduct and assist the activities of the meeting. His/Her aim should be to help the participants achieve optimum results within a reasonable time.
ACTUAL PREPARATIONS
In the preparatory stage the Staff Representative must get a clear understanding of the purpose of the meeting. He/She must study (analyse) the subject and procure the necessary information. Next, the Staff Representative must judge:
What information to present
Why this particular information
The purpose for which the members are given the information
Whether he/she has the necessary details relating to the subject
Whether he/she is prepared to answer questions
The Staff Representative itemizes the material, decides the sequence of the items, singles out the items for discussion and works out a time schedule, allowing for the fact that meetings generally should not take more than two hours, including a break of not less than 10 minutes.
Before the meeting, the Staff Representative must have considered where differences of opinion are likely to occur and must have prepared questions, etc., which may contribute to a constructive debate, also on the existing differences of opinion.
Likewise, the introduction and conclusion of the meeting must be prepared in advance. What is to happen when the meeting is over?
Finally, a notice convening the meeting, listing the items to be debated, must be prepared and distributed. Any informative material may be enclosed with the notice.
The purpose of members' meetings is almost invariably to communicate information and brief the members on a subject and then encourage them to state their views.
If several conference rooms are available, the choice should be made with a view to the anticipated number of participants and the form under which the meeting is held.
Ideally, everybody should be able to see and hear each other. A minimum requirement is that the Chairman can be easily seen and heard by everybody. It may be necessary to re-arrange the furniture of the room.
"USEFUL HINTS"
Be loud and distinct, but not louder than you can be heard without difficulty by those in the back.
Vary the loudness of your voice.
Do not look out the window. Soon the participants will begin to do the same.
Look at the audience.
Be as natural as possible.
Avoid nervous displacement activities. The audience will start counting the number of times you put your glasses on and take them off again.
Keep the meeting on time - for beginning and ending.
A TERMLY MEETING SHOULD BE HELD BETWEN THE EXECUTIVE AND THE STAFF REPRESENTATIVES.