Ask SSC . . .
How Does Being Chief
Negotiator Differ
from Being a Member of the Negotiating Team?
Q. I have just been designated as the chief negotiator representing the school district. How does that differ from being just one of the members of the negotiating team? Any thoughts?
A. The board is entitled to name a negotiating team to represent the district in negotiations with the various bargaining units. The team should comprise individuals who are familiar with and can adequately represent the district on the contract provisions that are the subject of the negotiations.
We advise that the team include people who are familiar with personnel practices, administration of the collective bargaining contract, practical issues involved in school administration, and the process and practices required by the Rodda Act and other legal and contractual constraints. Typically, the team includes the chief administrator for human resources, college administrators, appropriate department heads, and financial administrators. Particularly when negotiations are protracted, complicated, or otherwise difficult, the district may choose to include an outside professional as part of the team.
One member of the team should be designated as the chief negotiator and should play a leading role in the organization and conduct of the collective bargaining process. The special duties of the chief negotiator include at least three phases: pre-negotiations planning, actual conduct of the negotiations, and post-negotiations contract ratification and implementation.
Pre-negotiations planning includes the development of bargaining objectives; advising the board and receiving bargaining instructions, called bargaining parameters; drafting an initial bargaining proposal that reflects those objectives and parameters; and training and preparing the rest of the team for the upcoming bargaining.
During the conduct of the actual negotiations, it falls to the chief negotiator to administer the negotiations and schedule sessions, prepare and propose agendas and ground rules to the other side, and request and grant caucuses. Additionally, it is the responsibility of the chief negotiator to coordinate development of specific proposals and contract language representing the district position on each issue that is open for discussion and within the scope of collective bargaining. The chief negotiator must ensure that proposals are costed out and that alternatives and options are also considered and evaluated. Further, the chief negotiator must coordinate the evaluation of union proposals and must decide whether to accept, reject, or offer counter proposals. If it becomes clear that the bargaining parameters set by the board do not provide sufficient flexibility to achieve an agreement, it is the chief negotiator who must go back to the board and explain options and potential consequences. And finally, it is the chief negotiator’s responsibility to keep everyone involved in the process—but especially the board—apprised of the progress and tenor of negotiations.
After the negotiations are over and a tentative agreement has been reached, the chief negotiator must draft or approve the final contract language and make recommendations regarding specific contract provisions and ratification to the board. It is also the responsibility of the chief negotiator to ensure that those who must implement changes in contract provisions are aware of new requirements and that they have enough information to carry out in good faith the agreement that has been reached. This is a key position; the chief negotiator must be selected carefully and must enjoy the confidence of the team and of the board.
—Ron Bennett and John Gray