The role of the Management Bargaining team is to prepare and executive strategies for collective bargaining, resulting in a collective bargaining agreement that supports an effective labor-management relationship and a healthy and sustainable organization. They receive and offer proposals, operate in good faith, and hold management's goals in balance with the goals of the staff union to achieve the best possible contract.

In the for-profit sector, management often turns over the bargaining process to a union-busting lawyer or consultant, with predictable results. In the social justice nonprofit sector, leaders have the opportunity to create a new path that sets the stage for a long-term partnership with their unionized employees. A Management Bargaining Team that has clear and aligned goals, roles, working agreements, and relationships will be in the best position. Here are some factors to consider when creating a Management Bargaining Team: 

Role of the Executive Director

There are different roles for Executive Directors,

including the following:

• Chief negotiator or second chair at the table.

• On the planning team, but not at the table.

• Not on the management bargaining team, but available for strategic consultations.

There is no one best way for Executive Directors to participate. It varies by organization. One may want the ED to be their chief negotiator for many reasons, including that they are the best negotiator. Or they may want the Executive Director not to be at the table for one reason or another. Sometimes, an outgoing ED will lead negotiations so that the next ED does not have to enter into a contentious relationship with staff.

Even if the ED is not at the table, they still have two very important roles:

1. To be directly involved in the planning process and clearly delegate to the team at the table - negotiations can go badly when a bargaining team has to check with the ED for everything. 

2. To attend bargaining at important times - i.e. the first session - to make clear that they care about the process, that management will bargain in good faith, and that the bargaining team has their trust.

The composition of the Management Bargaining Team

The Management Bargaining team is composed of planners, advisors, and negotiators. It may also periodically involve people with technical or programmatic expertise.

The Team meets regularly to prepare for and respond to bargaining needs. Together, they bring different perspectives, knowledge, and strengths. They include people whose primary role will be advising, planning, or negotiating.

To select the planners and advisors, consider the following:

• Who has subject matter expertise? Who is able to cost things out and make projections?

• Who can determine if the organization can legally do what the union requests?

• Who is able to think through how the union’s proposals will impact the organization‘s mission and culture?

• Who can be trusted not to share information outside of the management caucus?

The negotiators also attend the planning sessions. At the table, they take on various roles, including conducting negotiations, taking notes, keeping track of proposals, and providing input to the chief negotiator. They might be asked to speak to the union bargaining team about the rationale for a particular position or lead negotiations when asked.

To select those who go to negotiations, consider the following:

• Who has negotiation experience?

• Who has the demeanor to hear the union’s arguments without being triggered?

• Who is managing people whose issues will play a dominant role in negotiations?

• Who is open to considering all proposals without defensiveness or rancor?

Other factors to keep in mind

• Serving on the team is time-consuming, so how might their workload need to be redistributed?

• The number of management negotiators should be smaller than the union’s team.

• It is okay to bring people into planning or negotiating when their expertise is needed rather than every session, and it’s customary to notify the union in advance.

• The team can have layers of Management, including upper and middle management.

Training the Management Bargaining Team 

The Management Bargaining Team gets trained before bargaining starts and continues to learn and develop throughout. Training helps management understand the collective bargaining process and navigate the ups and downs of negotiations.

Both the Federal Mediation and Reconciliation Services [FMCS] and Cornell University ILR School [Cornell] are third-party neutral providers. They train both the management and union bargaining teams, either separately or at the same time. If you are scheduling training, be sure to let the union know and ask if they would like to join.

Additionally, Beyond Neutrality offers training for Management Bargaining Teams as part of its Learning Lab.