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Collective Bargaining- Overtime

Updated on April 11, 2017

Collective Bargaining Agreement

OVERTIME

The Employer agrees to ensure that management and supervisors shall have the opportunity to work alongside employees covered by the Collective Bargaining Agreement, only if there is a need for more employees, in order to minimize costs and prevent employees from being forced into taking overtime. Further the employer agrees that employee who would like overtime will be given first priority. The employer will create overtime lists for each department based on the skill required for each task. Further the employer agrees to keep an overtime roster to ensure that all employees are offered equal opportunities for overtime based in their department. Overtime will be offered by the employer based on order of seniority until all employees have been offered overtime.

MEMORANDUM OF UNDERSTANDING

  1. The Employer agrees to an equitable distribution of overtime. Management and supervisors shall have the opportunity to work alongside employees covered by the Collective Bargaining Agreement, only if there is a need for more employees, in order to minimize costs and prevent employees from being forced into taking overtime. Unless needed, management and supervisors will act in a supervisory role towards the employees and assist employees in finding solutions if problems arise. If the employees are not doing their job, then management must address the issue from a supervisory position before working alongside the employees.
  2. The employer will create overtime lists for each department based on the skill required for each task. Further the employer agrees to keep an overtime roster to ensure that all employees are offered equal opportunities for overtime based in their department. Employees will be offered overtime based on their skill set and department. Only qualified employees will be given overtime for the necessary task. There will be an overall shop list that marks the skill by the employee. Overtime will be offered to each employee in order of seniority until all employees have been offered overtime. It is the supervisor’s responsibility to see that all employees are offered equal overtime opportunities.
  3. The Employer agrees that unless it gives written notice neither it, nor any function, will unilaterally take or permit action that will arbitrarily extend the normal workday without paying overtime or compensatory time employees for their time.
  4. The Employer agrees to give first consideration to bargaining unit employees in the assignment of overtime before assigning such duties to non-unit employees. Such consideration will include health and safety factors, budget constraints, and employee qualifications.

Personal Account of the Negotiating Process

During the negotiations for the collective bargaining agreement (CBA) there was only one main point of friction. On behalf of the Labor I felt that the supervisors should not be allowed to work alongside the employees as it would detract from their overtime work; however management felt that supervisor should have the opportunity to work alongside the employees to minimize costs and prevents employees being forced into overtime. The labor and management sides both utilized interest-based bargaining principles. Interest-based bargaining is a strategy designed to “efficiently foster interest-based agreements that balance concessions and gains through its integrative quality” (Hargrove, 2010). We managed to both make a concession in order to compromise; said compromise will allow the supervisors to work alongside employees only when there is a need for more employees. This compromise came into effect without either side needing to make use of their Best Alternative to a Negotiated Agreement (BANTA) plan (Kim & Fragale, 2005). For this negotiation the BANTA plan for both parties would have been the professor acting as a mediator or arbitrator depending on the situation.

The management entered the negotiations with a strong position because the management’s counter offer was well supported. The management negotiated for the supervisors to be allowed to work alongside the employees in order to cut costs, prevent employees from being forced into overtime, and to make up for employee absences. The management was willing to concede to allowing supervisors to work alongside employees only when there is a need for more employees.

This negotiation session was different than the first one on employee safety. The fact that I was negotiating with a different person who was more willing to compromise and that we both had additional experiences with negotiations made the negotiations much smoother. The topic of the CBA altered the negotiations as this set of negotiations focused mainly on overtime while the last negotiations focused on safety, money, and employee work ethics. This CBA did not need to focus on as many topics which shortened the needed time for negotiations considerably. In future negotiating sessions I will need to be willing to alter my negotiating principles and tactics based on the person I am negotiating with. I also need to be aware that the topics that the negotiations focus on will likely dictate the length of the negotiations. The final outcome of the negotiations did not favor one side over the other as both sides offered equal concessions in order to reach a compromise that worked for the Labor and Management sides.

References

Kim, P. H., & Fragale, A. R. (2005). Choosing the Path to Bargaining Power: An Empirical

Comparison of BATNAs and Contributions in Negotiation. Journal Of Applied Psychology, 90(2), 373-381. doi:10.1037/0021-9010.90.2.373

Hargrove, S. (2010). Interest-based bargaining: Achieving improved relationships through

collaboration. Library Management, 31(4), 229-240. doi:http://dx.doi.org.ezproxy.snhu.edu/10.1108/01435121011046308

SNHU.edu. (2016). OL 318 Module Five Discussion: CBA Example— Employee Wages and

Benefits.

SNHU.edu. (2016). OL 318 Module Five Discussion: CBA Example— Employee Wages and

Benefits – Accompanying Video.

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