Implementation guide
This guide is intended for senior leaders responsible for implementing a new Collective Bargaining Agreement and for the Implementation Team. It is a companion guide with the Project Plan Template for Contract Implementation. Together, these tools help leaders with newly signed union contracts to confidently and productively implement the agreement and launch a new phase of labor-management relations.
THE CONTRACT IS RATIFIED!
Bargaining is finished at least for the next 2-3 years. It’s time to implement the CBA and develop a healthy partnership with the union. A new phase has begun. It is an opportunity to foster positive culture change and to reestablish consistent and clear management practices that align with the new agreement. This phase is also a major shift, requiring letting go of familiar ways of operating and learning new ones. Like all changes, there will be a learning curve. This transition will require time, intentionality, and lots of communication.
1. setting up the implementation team
Form the implementation team as you are nearing the end of negotiations.
Choose an implementation team that includes people who know about finance, operations, people management, and organizational culture. The team needs decision-making power to move the work in these areas.
Free them up to do this work by making adjustments to priorities and roles. A collective bargaining agreement may require short-term or long-term adjustments to staffing levels and roles.
Draft an implementation team operating agreement.
Use the template below to draft an operating agreement that specifies the purpose, outcomes, and processes for getting the work of the team to completion. Have team members review and adjust the operating agreement so that it is a document that guides their work.
See: Template for an Operating Agreement here.
Fill out an “Implementation Project Plan”
The Implementation Project Plan once completed should include all the actions necessary to implement the contract, who is responsible, and relevant dates.
A sample project management plan
2. celebrating and announcing the CBA
Celebrate the contract signing
Celebrating the contract signing demonstrates that this agreement is a welcome and positive step in the unionization process. Just as we celebrate milestones in our external work, this important internal accomplishment also deserves positive recognition. Talk with the union about ways to announce and celebrate the contract jointly.
Recognize what you’ve accomplished together: Mark a new phase of the work by recognizing the work of both of the bargaining teams. Point out the gains in the contract. Share a vision of the future as a unionized organization. Celebrations take the form of a toast following a signing ceremony, a joint announcement during an all-staff call, or a happy hour.
Let your Board, supporters, members, and the general public know
It's time to communicate, internally and externally.
It is important for senior leadership to be aligned on a positive and forward-looking message. When speaking with governance, membership, funders and staff, the leadership should be able to speak confidently on the positive impacts, major shifts, and hopes for the future now that the contract is settled.
Align with the union on communications.
Some organizations jointly announce the settlement with the union and collaborate with them on what to say. If the union and management communicate separately, share management’s plans and coordinate on timing and language.
Let your Board, supporters, members, funders, and the general public know it is done!
Additional resources:
3. Implementing economic benefits
Implement raises, bonuses, and benefits soon after ratification
After ratification, the Implementation Team goes to work to implement the economic items in the agreement, with attention to the terms and timeline agreed upon in the CBA. In some cases, this will be upon ratification, usually the first pay period following the ratification. In other cases this will be different; ensure management and the union have shared expectations as to the timeframe.
Set up the process for collecting and forwarding union fees
Management will also begin the process of withholding union dues and other fees and forwarding them to the union. The local or national union that supports your bargaining unit will help you set up and coordinate withholding for union fees.
Utilize the Implementation Team Project Plan
To manage all the moving parts, the Implementation Team can utilize the Implementation Project Plan developed by The Management Center in partnership with Beyond Neutrality. Once adapted for your circumstances, it helps ground the team in a shared understanding of assignments and timelines.
4. reviewing and aligning internal policies
The collective bargaining agreement is an enforceable contract
The CBA replaces organizational policies as they apply to members of the bargaining unit. Throughout bargaining, as the team reached a tentative agreement, management tracked this language in their Bargaining Tracker. This information can now be transferred over to the CBA Implementation Chart. This chart developed by The Management Center in partnership with Beyond Neutrality will help guide the Implementation Team in aligning existing policies and procedures with the new CBA.
Make changes to policy manuals and standard operating procedures
Aligning with the contract will change what the policies are and, in some cases, how they are administered. For example, the contract may have language regarding job openings that requires the HR staff to post a notice internally before running an ad. While announcing job openings was routine in the past, it may be helpful to draft a new standard operating procedure [SOP] to help staff align with the agreement.
Work with senior leadership to determine what applies to non-BU staff
Management is only obligated to make the changes for staff covered by the CBA, but you may decide to extend a negotiated policy or benefit to the whole staff. The implementation team should check with the senior team to see which changes will apply organization-wide. For example, if the CBA includes an additional paid holiday, they may want this to also apply to managers and staff members who are not in the union.
Check with your lawyer before making additional policy changes
Management is required to notify the union of any potential changes to mandatory subjects of bargaining. It’s smart to check with your lawyer if you are looking to make any changes to policies, even if they were not mentioned during bargaining. A good practice would be to focus on what needs to happen to align with the CBA.
Assign appropriate people and deadlines to make the changes
The Implementation Project Plan has columns for assigning the appropriate people to the “owner” role and for deadlines. Use this or a more traditional MOCHA chart in conjunction with the Implementation Chart to ensure that there is clarity and accountability.
5. cba education for staff & managers
Walk through the CBA with managers and confidential Staff
One of the most important implementation tasks is to familiarize the community of managers and other non-bargaining unit staff at your organization with the collective bargaining agreement. All managers and confidential staff should receive a high-level walk-through of the agreement and should be told if any of the changes apply to them. Be sure to let them to where to get more information and who to go to for questions and concerns.
Set up more comprehensive training for directors and supervisors
People who supervise bargaining unit members will require more comprehensive orientation and training. They may already be concerned about what they can and cannot do in the new environment and how to answer questions they receive from union members. In addition to practical information, they will need to learn the general approach and specific skills that are most useful in this new environment. Find out more about what training and coaching resources are available from Beyond Neutrality.
Ask your managers what they need
Many managers have not previously supervised in a union context, while others may have. Survey managers to surface their questions and ask them what additional support or training would be most helpful. Beyond Neutrality has a survey template that is available for use.
Additional Resources
Beyond Neutrality Survey
Beyond Neutrality Management Training
Managing in a Unionized Workplace
6. fostering a healthy partnership
Move from a bargaining relationship into a partnership
If bargaining went relatively smoothly, you can build on this as you partner on implementation. Particularly if you bargained using Interest-Based Bargaining [IBB], you have a foundation of skills and tools that support partnership.
Name a management point of contact and have that person meet regularly with the union’s point of contact.
Establish the norm of being able to pick up the phone and talk through concerns before escalating to a grievance or written communication.
Invite the union to provide input on changes that are not mandatory subjects of bargaining - such as a health emergency or an office move.
Build common ground and trust
Bargaining can become heated and people can say things more harshly than they would under other circumstances. If bargaining left a residue of bad feeling and mistrust, you will want to improve relationships as part of the implementation phase. You may need a professional facilitator to help the parties deeply listen to each other and repair the harm that was done. Some restorative justice practices have been used to good effect in similar situations.
Conflicts in the work environment often have race, gender, and other power and identity-based dimensions. Both management and the union may have observed this in the other. Naming the patterns, assessing the impact, and acting to change those patterns may be necessary to move forward. See “An RJEI Lens on Unionization and Bargaining.”
Support the role of middle managers in the partnership
Middle managers - those who directly supervise union members - are at the center of the move from bargaining to partnership. Organization leaders should model partnership in how they talk and behave. They can also support middle managers moving from bargaining to partnership through training, tools, and reinforcement.
The squeeze for middle managers is real. They will feel pressure from staff and upper management after unionization, just as they did before. See The Management Center’s “Managing in a Union Environment” article to learn more.
Demonstrate the value of partnership early on
The implementation phase is the ideal time to demonstrate the value of partnership over combativeness. From coordinating ratification to announcing the agreement to setting up the grievance procedure and the LMC, there are many opportunities to demonstrate the value of partnering. The first steps make a huge difference. Don’t wait for the union to initiate a partnership. Be the one to stretch out your hand and step into a new phase of the relationship.
Additional Resources
Labor Relations Conflict Framework (Coming Soon)
7. establishing your labor-management committee
Labor-management committee (LMC) is an ongoing forum for union and management representatives to meet, share information, ask questions, solve problems, and respond jointly on subjects of mutual concern..
Form your Labor Management Committee
Management and the union will each name their representatives to the LMC, usually in equal numbers. The principal liaison to the union, someone from human resources, and one or more leaders whose departments have significant numbers of union staff are all likely candidates from management. The union will often have their unit chair and shop stewards. Paid union staff do not typically attend, although some do. Each party will also name a co-chair.
Jointly plan and hold your first meeting
The two co-chairs will meet and plan the POP [purpose, outcomes, process] for the first meeting. This is a good time to review the contract language establishing the LMC and the Operating Agreement template. See if the union has a version they would like to share and/or use the one offered below. The first meeting primarily establishes and forms the committee, including relationship building, norming, and setting expectations. See the agenda template below.
Draft an Operating Agreement
A high-functioning LMC has a clear purpose, scope, roles, and norms - written down in an agreement that everyone can reference. It is helpful to periodically review the agreement to see if changes are needed. Sections might include:
● A preamble that describes the purpose of the LMC as it reflects the union’s and organization’s values.
● A description of the committee's scope will often be directly lifted from the contract language. If it is not already established, jointly draft a purpose statement that outlines the scope. For example, “to collaborate regarding the implementation of the CBA, and to jointly identify and address problems and opportunities that impact working conditions and labor-management relations.” Some will even include what is not in scope, such as individual grievances and bargaining.
● Clarifying committee roles and working agreements. This includes naming the roles of co-chairs (can be rotating), note-takers, and time-keepers, along with a process for creating an agenda. Working agreements include clear decision-making processes and expectations regarding transparency, disagreements, and internal and external communication.
Train the Committee
Launching the LMC during or soon after negotiations may mean you need to re-learn the kinds of behaviors that build trust and foster collaboration. You may have a culture of “us vs. them” that sets a distrustful tone. The LMC is a place to establish shared goals and build trust. You may always have a clear line between management and the union on the LMC, but this doesn’t prevent establishing healthy processes and strong connections. Training can help.
The Federal Mediation and Conciliation Service (FMCS) offers training for LMC members. This is an opportunity for management and union representatives to learn together and establish a strong foundation for their work. Beyond Neutrality consultants are also available to support healthy Labor-Management Committees.
Additional Resources
8. moving into the next phase: being union
Wrap up the work of the Implementation Team
Even after all the changes we have discussed in this guide are done, the Implementation Team usually continues to meet for up to a year to monitor progress and address anything that needs attention. The Labor Management Committee and the management liaison are both good sources of information on whether tweaks are needed. When this monitoring period is over and things are running smoothly, the Implementation Committee can wrap up its work. Check in with the Committee’s sponsor to let them know you are wrapping up. See if they have any feedback to share and one last meeting of the Team to debrief and share appreciation.
Join a Peer Learning Community for organization leaders
If you haven’t already, have your COO or Chief of Staff join a Peer Learning Community to continue hearing how others are experiencing being in a unionized environment. This is a great place to share your best practices and to learn from others. These groups exist in various places. Contact Beyond Neutrality for up-to-date referrals.
Establish onboarding procedures for new managers and non-BU staff.
It’s critical for new managers and non-bargaining unit staff to know they are coming into an anti-racist, pro-union, and mission-driven organization. Make that explicit during hiring and consider testing for values alignment as part of the selection process.
During orientation, make time to explain the role of labor in the progressive movement and why - beyond the law - the leadership supports the rights of staff to unionize and bargain collectively. Share a copy of the CBA and let them know who to go to with any concerns or matters regarding labor relations.
It can be useful to share information they can review later, such as a slide deck with specific articles of the CBA pulled out and broken down in an accessible way (Sample Slide Deck of Contract Language).
Partner with the union on the orientation of bargaining unit members
Invite the union to speak to bargaining unit members during orientation. For times when a union representative is not able to be present, agree in advance with the union on what to share with new bargaining unit members. Even in open shop situations, you can let a new staff member know there is a union and offer them a membership card along with other paperwork they complete as a new hire.
Think ahead to the next round of bargaining
Before you know it, it will be time to start preparing for your second contract. All along, have a place to keep notes on what might need to be clarified or changed about the collective bargaining agreement. Set a timeline - at least six months before the expiration of the contract - to form the Management Bargaining Team and begin putting together the data you will need.
Additional Resources
An appreciation exercise
Contact Beyond Neutrality to join the Implementation Peer Learning Community