I miss Studs Terkel. Wouldn't it be great to have him school Scott Walker?
One of Bill Maher's panelists last night declared that public sector employees should not be allowed to unionize and that the unions "force" management to make changes detrimental to the community.
Ah .... NO!
The panelist and pundits err and Scott Walker is not bargaining in good faith.
While reports of labor negotiations are often couched in confrontational language such as "demands," the reality is usually (at least in modern times) more congenial.
As a labor contract nears its end representatives from management and the union will meet to determine what changes may/will be made to the next contract. Negotiation points may include pay, benefits, hours, shift differential, safety, training, and any other aspect of work requirements and workplace conditions.
Going into negotiations each side will probably have an idea of what the other side will bring to the table and prepares its arguments in opposition. Both parties will have tiers of options to submit to the haggling process.
Management offers; labor refuses. Labor requests; management refuses. Most times an amicable compromise is reached and both sides sign the contract. If one side takes a hit on an option they really wanted it will move higher in the chain for the next negotiation.
In theory both sides are comparable in power but I would argue that management is the more powerful in negotiations. Many public sector unions are prohibited from striking which has always been among the most powerful of union tools. Therefore, public sector employees are in a "take it or leave it" situation during any negotiations.
A union employee for Brand X widgets doesn't have to care about the quality of widgets produced. He/she can buy Brand Y widgets. Public sector employees live in their workplace. Matt the math teacher teaches his children and his relatives' children and his neighbors children. Sara the snow plow driver uses the streets she clears. Ernest the EMT is as likely to be called to help someone he knows as to assist a total stranger.
Public employees have a vested interest in the quality of their work and how that impacts the quality of life in their communities. It is obviously not in their interest to make "demands" counter to that.
The first round of negotiations may include "pie-in-the-sky" requests designed to be tossed out as a "gimme" to the other side but, to my knowledge that first round doesn't usually include "Eat shit and die!" like Scott Walker's proposal.
Whatever Walker and his supporters might think of the union it is the legally designated representative of the employees and he is legally obligated to bargain in good faith. From the National Labor Relations Board
What rules govern collective bargaining for a contract?
After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects.
Bolding added. For Walker to rules some of these issues non-negotiable indicates bad-faith bargaining.
The parties' obligations do not end when the contract expires. They must bargain in good faith for a successor contract, or for the termination of the agreement, while terms of the expired contract continue.
Again, Walker is not bargaining.
How is "good faith" bargaining determined?
There are hundreds, perhaps thousands, of NLRB cases dealing with the issue of the duty to bargain in good faith. In determining whether a party is bargaining in good faith, the Board will look at the totality of the circumstances. The duty to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement. This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.
The additional requirement to bargain in "good faith" was incorporated to ensure that a party did not come to the bargaining table and simply go through the motions. There are objective criteria that the NLRB will review to determine if the parties are honoring their obligation to bargain in good faith, such as whether the party is willing to meet at reasonable times and intervals and whether the party is represented by someone who has the authority to make decisions at the table.
Conduct away from the bargaining table may also be relevant. For instance if an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith.