Saturday, June 28, 2008

Restrictions and Limitations of Regressive Bargaining

The Huntley school board faces very real restrictions on how it can bargain with the teachers union.

How can this be?

It's called "Regressive Bargaining." It's Labor Relations law.

The idea behind "Regressive Bargaining" is to prevent one side from offering less or going backwards when negotiating a contract.

Sounds logical.

Until you realize the practical limitations that it poses.

Take the Huntley school board, for example. It currently has more than a 5% increase in salary and benefits on the table with the Huntley teachers' union.

For months the union has kept more than a 35% increase in salary and benefit costs on the table.

So why can't the school board say something like,
"How about the union stop with the posturing and are you willing to accept an overall 8% increase?"
You might normally say something like this so as to get a feel for where the other side might be willing to settle at.

But with regressive bargaining once you throw out a number like 8%, you can't go lower.

Or to put it bluntly the union can file an unfair labor practice so as to legally prevent a school board, for example, from then going lower.

So in a process in which you might ask the 8% question followed by
"Okay, if 8% works for you, can we get an agreement with a 7% increase?"
regressive bargaining prevents a free flow dialogue.

In Huntley District 158's situation, with more than 5% on the table by the school board, it appears the board doesn't have much room to move.

All the teachers' union has to do is do nothing, waiting for the school board to increase its offer so it can say, "No," and then wait for the next higher offer from the school board.

Meanwhile the union can stay somewhere up in the double digits for next year's increase percentage for salary and benefits.

With a strike in the private sector the striking workers don't get paid.

A strike for teachers, on the other hand, is different.

The teachers still have to teach a minimum number of days and they'll get paid a full salary for doing that.

Labor relations law says the striking teachers have to get their jobs back when the contract is settled.

So, its not like a school board can hire other teachers and allow the replacement teachers keep their jobs.

This makes it difficult to get teachers to apply for replacement jobs while there is a strike.

Tomorrow: Is there substance to the Huntley teachers' claim that they are "underpaid?"

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