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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.