Preparing to Bargain

Adapted from training materials from Education Minnesota January 2003

Preparing to Bargain
Table of Contents
Team Development and Roles .................................................................................................. 3 Selecting a Bargaining Team ................................................................................................. 3 Getting Ready to Bargain: The Role of the Spokesperson ................................................ 5 Getting Ready to Bargain: The Role of the Secretary/Notetaker ..................................... 5 Getting Ready to Bargain: The Role of the President ........................................................ 6 Getting Ready to Bargain: The Relationship to the Team and the President ............... 8 The Internal Chain of Command in Bargaining............................................................. 8 Keeping the Members Informed........................................................................................... 9 Baseline Data.............................................................................................................................. 10 Preparing the Package .............................................................................................................. 11 Surveying Members .............................................................................................................. 11 Negotiation Preparation Survey.......................................................................................... 12 Bargaining Goals - (Tips & Reminders) ............................................................................. 14 Sample ................................................................................................................................. 14 Contract Proposal Worksheet.............................................................................................. 15 Reviewing Your Proposal...................................................................................................... 16 Grievance History Worksheet.............................................................................................. 17 The Bargaining Process ............................................................................................................ 18 Tentative Agreements - (Tips and Reminders) ................................................................ 18 Tentative Agreements........................................................................................................... 18 Caucus and Adjournment.................................................................................................... 18 Sidebar..................................................................................................................................... 19 Sidebar Never-Nevers!!! ........................................................................................................ 20

Preparing to Bargain/ 2 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Team Development and Roles

Selecting a Bargaining Team
1. Review your local constitution and bylaws for requirements. 2. Size No fixed rule, but be practical. Three to five members are usually recommended because it is much more difficult for all members of large groups to meet than for all members of smaller groups. It is more difficult to reach agreement by consensus with larger groups. It can be a challenge to find excellent team members. In selecting bargaining teams, there is a definite need for quality team members, not quantity of team members. 3. Composition You may consider a member from each classification group, building, service region, etc. However, it is MUCH more important to elect/appoint the BEST team members than to meet arbitrary considerations. REMEMBER each team member represents the ENTIRE bargaining unit; not just his/her constituency! 4. Some Criteria for Selecting Team Members Select people with: Ability Sound judgment Stamina and good health Courage A positive approach to solving problems Willingness to commit time Ability to perform in the assigned role without conflict with other members of the team Language/verbal skills Select people who: Are respected by the membership Listen Control their emotions Remain objective Work effectively in a group 5. Method of Selecting a Team* The bargaining team should be selected by the Union president based on the above criteria, with the approval of the Executive Board/Committee. Election of a team does not guarantee competency, representation, or effective
*

Note: Some people believe an elected team feels more responsibility to the membershipthis is a local decision. Preparing to Bargain/ 3 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

participation in the process. A Bargaining Committee, advisory council, or other support committees can be created as a resource to the bargaining team. 6. Team Responsibilities The bargaining team must have full authority to develop a comprehensive agreement with the employer, subject only to ratification by the full union membership. This authority includes the right to make proposals and counterproposals on behalf of the union, to accept employer proposals, and to drop or modify union issues at the table. This broad authority is essential if the bargaining team is to operate effectively and with the respect of the employer team. This authority must be clearly delineated and understood by the team, the Executive Committee/Board, the Bargaining Committee/Advisory Council, and the membership. Sample Bargaining Resolution The resolution should be passed by the union giving the negotiating team the authority to bargain in good faith, including the right to modify proposals and make concessions on behalf of the union, subject only to ratification of the entire contract by the members. This reinforces the negotiating teams posture as representing the entire bargaining unit and protects the team from being forced to negotiate with the membership. The team is specifically responsible for: Securing input necessary to develop formal proposals. Writing the proposals. Developing rationale, organizing data, and calculating costs in support of proposals. Planning strategy for effective bargaining. Reaching agreement with the employer subject to member ratification. Communicating on a regular basis with the union president, executive committee, and membership (communication includes input TO the team as well as information FROM the team).

Preparing to Bargain/ 4 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Getting Ready to Bargain: The Role of the Spokesperson

The spokesperson chairs the bargaining team and does all the speaking on behalf of the union/organization unless a specific delegation is made to another member. A bargaining team member should pass written notes to the spokesperson or ask for a caucus if team discussion is necessary. The spokesperson must be alert, assertive, and intelligent. Responsibilities: 1. Produce the best contract possible. 2. Assemble a bargaining team in conjunction with the president. 3. Assemble the issues to bargain. 4. Know the other sides issues. 5. Know the bargaining history between the parties. 6. Establish faith, trust, credibility. 7. Know the current issues being imposed by outside forces. 8. Pick your bargaining strategy, timeline, bottom line, and worst case scenario. 9. Be available. 10. Be innovative. 11. Serve as spokesperson at the table. 12. Pick your own style.

Getting Ready to Bargain: The Role of the Secretary/Notetaker

1. Take notes at actual bargaining sessions and otherwise gather information. 2. Gather and organize documents before/during/after bargaining. 3. Retrieve information upon request. 4. Assist in typing/reproduction of proposals/counterproposals. 5. Data/documents to watch for, gather, organize, preserve: a. Written proposals b. ULP evidence (memorandums, newsletters, newspaper articles, management/governance minutes (e.g. Executive Committee/Board minutes) c. Finances (audit, salary schedule, training and experience grids, budgets, etc.) d. Tentative Agreements e. Summary of contract changes (given to general membership at ratification) f. Surveys/survey results g. Miscellaneous data (e.g. grievance documents, information from members, etc.) 6. Information to watch for, gather, organize, preserve: a. Date, time, author of proposals b. Rationale for proposals c. What the languages means, doesnt mean, change in meaning d. ULP evidence

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e. Why was a specific proposal withdrawn? Was there a condition stated upon withdrawal? f. Definitions of words used in proposals or existing contract g. Proposals made that werent achieved h. Mediation-related information i. Information needed upon request during bargaining (current proposals, meeting date, positions, etc.) 7. Taking notes at the bargaining table: a. What to record (see 5 above) b. What not to record (Ask yourself is it going to be of use?) c. How to record the information: Get quotes: Who said it, date, and time. If possible, write it on the proposal to which it pertains. 8. Mechanics to achieve above: a. Organize a filing system in advance (folders, notebook) b. Maintain documents in a format from which copies can be made c. Prepare forms for your own use 9. What to do with the stuff after settlement? a. Murphys Law: As soon as you throw something away, youll need it! b. Maintain in such a manner it can be accessed for arbitrations over language disputes

Getting Ready to Bargain: The Role of the President

1. Serves as the chief administrative officer a. Ensure constitution provisions are enforced b. Implement bargaining policy c. Chief decision-maker. The Buck Stops d. Chairs meetings 2. Provides direction and leadership a. Does not allow the union/organization to become tunnel-visioned b. Maintains control and order ultimate authority c. Stays clean on the issues 3. Public Spokesperson 4. Coordinates programs, which affect the bargaining process 5. Maintains system for internal communications a. Personal contact with key union/organization leaders b. Written information/stability of information c. Telephone tree/hot line d. Careful wording usage 1. Profanity
Preparing to Bargain/ 6 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

2. Positive attitude 3. Focus on issues 4. Candid, honest 6. Clarifies the structure and rules of the union/organization a. Officers b. Executive committee c. Representatives d. Negotiating team e. Negotiating committee f. Settlement task force 7. Be informed a. Know what services are available or desired b. Know where to go for help or information 8. Organize a. What 1. Personal life 2. Job 3. Union role b. How 1. Establish plan or goals 2. Make a to do list what, who, when, budget 9. Delegate a. Responsibility and authority b. Five steps to successful delegation 1. Clearly identify task what, when 2. Request commitment 3. Provide necessary materials 4. Follow-up 5. Thank you! 10. Be a Leader! a. Meetings fair, orderly, parliamentary procedure, constitution and rules b. Advocate for the union c. Advocate for the individual member

Preparing to Bargain/ 7 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Getting Ready to Bargain: The Relationship to the Team and the President
The team and president complement and supplement each other in the goal of wining an effective contract. The team bargains while the president provides support and resources to the team. The crucial role of the president in relation to the team is to Think Organizationally by... 1. Coordinating the overall program and action of the union so they are in concert with the strategy, tactics, and priorities used by the bargaining team. 2. Communicating with the membership as the union leader following receipt of information from the bargaining team. 3. Delegating responsibilities so that the bargaining team needs are met (e.g., support teams, information, research, etc.). The role of the team via the spokesperson is to Think Organizationally by 1. Keeping the president informed at every step. 2. Utilizing efficiently the resources provided by the president. 3. Planning ahead so the president can provide the best possible support to the team. 4. Asking for interim opinions from the membership as to the language being negotiated and the memberships view of the bargaining teams efforts. (This is to ensure that members feel that the team is working for their benefit and also gives the team a sense of how members may react during ratification.)

The Internal Chain of Command in Bargaining

1. General Membership a. Should be actively involved in the formulation of goals and priorities. b. Should endorse proposals taken to bargaining table, but should not have veto power over the final form of initial proposals. c. The body that ratifies the final agreement. 2. Executive Committee/Board a. President, with Executive Committees guidance and approval, appoints the chairperson of the negotiating committee. (See local constitution and policies.) b. President and negotiating committee chairperson (or president only) appoint members of the negotiating committee. (See local constitution and policies.) c. Keep members informed as to progress of negotiation. d. Recommends courses of action that involve policy decisions to the general membership for action.
Preparing to Bargain/ 8 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

3. Negotiating Committee a. Broad-based representation both geographically and ideologically b. May draw up the package (the negotiating team usually writes final language and all counterproposals). c. Determine areas of internal responsibility within the local. d. Chairperson, answerable to the president, controls the committee. e. Power of the committee is established by resolution of general membership. f. Communications with general membership coordinated through the president 4. Negotiating Team a. Consists of 3-5 members: spokesperson, observer, recorder, and other roles as assigned. b. Members chosen by (1) president, subject to approval of executive committee; or (2) chosen by negotiating committee; or (3) chosen by president and negotiations chairperson, subject to approval of executive board. (See local constitution and policies.) c. Team members answerable to negotiating committee. d. Team has prime responsibility in bargaining; must also be given full authority to reach on-the spot tentative agreements on any and all items (other negotiating committee members could be available for caucus). e. Deals directly with the management team. f. Meets frequently with negotiating committee to receive direction and guidance and provide updates. g. Recommends positions and courses of action to the negotiating committee.

Keeping the Members Informed

During the bargaining process, keep all members informed on the status of bargaining. This is done for a number of reasons: 1. The membership will have a better understanding of what each contract clause means and the reason for its being in the contract. 2. The team will have an opportunity to correct any misstatements that might be made by management with respect to any condition or situation that might come into the discussions in support of, or in opposition to, any contract proposal. 3. The membership will remain involved in the process. When push comes to shove and you are down to the wire without an agreement, the membership can deal from an informed position as to the options available. You will find you do not have to spend the majority of this critical time educating the membership about the proposals to date they will already understand where you are!

Preparing to Bargain/ 9 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Baseline Data
It is very important for your local bargaining team to prepare thoroughly for your bargaining session. Part of the preparation must include some basic information that you can compile from your members, the district and previous bargaining rounds. This essential information includes: 1. Base costs-The first column (2002-03 costs) of the Settlement Report Form (on page 14) should be completed prior to the onset of bargaining. It is impossible to have a good understanding of the financial impact of your proposal without knowing the information asked for in this column of the report form. 2. Financial Data - The last three audits from the school district and the current years budget will provide you with a good understanding of the districts financial status and the direction its financial picture is moving. 3. New Revenue Projections provided by CFL and formatted by Education Minnesota Research, this data will give you a picture of any new revenue coming into your district through recent legislative action. 4. Comparisons Through the National Compensation Analysis (NCA) Program, Education Minnesota can provide locals with salary comparison data for any Minnesota school district (teachers). This data will allow the local to develop proposals based on comparisons with other school districts in the state. EA/SRP locals can get the same information by contacting their field staff (EA/SRP data is not as readily available to Education Minnesota research since we dont currently represent all EA/SRP members). 5. Past Grievances, Issues and Gripes Local negotiators must be attuned to these issues and incorporate them into proposals to help resolve potential future problems. 6. Data from Members Surveys and other discovery tools will help local negotiators discover what the membership is thinking in regard to the upcoming bargaining round. It is essential that local negotiators understand the will of the membership before and during the bargaining process. The more information you have prior to bargaining, the easier it becomes to make and defend proposals.

Preparing to Bargain/ 10 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Preparing the Package

Surveying Members
In order to prepare for bargaining it is necessary to acquire information from the membership. There are several ways to accomplish this, but the most effective method is to survey the membership. This helps the bargaining team know their expectations and desires. This data or information also helps the bargaining team establish credibility at the bargaining table in asserting the locals position. It is extremely important that the questionnaire/survey be carefully drafted. Drafting a survey, which becomes little more than a wish list, is a common mistake. If a survey merely asks what the members want, a temptation is to say yes to everything. In that situation a bargaining team is left with no clear direction by the membership and becomes reluctant to make any compromises at the bargaining table. Some general principles must be understood by the membership. The membership should be educated in these basic truths: A. Uninformed members cannot react or respond intelligently. B. Members must come to understand that negotiations are a series of compromises. C. It is essential that the members understand the role of the negotiators. D. The membership should understand how and why the team was selected. E. It is essential that the membership understand how the proposals have been developed. F. It is essential that the membership understand why they will not receive copies of the proposal(s). G. It must be carefully explained why they will not have the opportunity to react to the proposals. H. The proposals may contain: 1. Hard items 2. Soft items 3. Cannon fodder Note: Conducting a second (different) survey may assist in validating the results of the first survey.

Preparing to Bargain/ 11 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Negotiation Preparation Survey

Please complete the following information and return this survey to your building representative by (________DATE_______). 1. What kind of salary increase would you like to see in your contract for _______? (Please indicate a cents per hour amount.) What is your absolute bottom line? You simply would not take anything less! 2. Would you like to see any changes in Insurance Benefits? If so please identify the type of insurance and the amount of benefit you feel should be paid by the Board. Health Insurance? Dental Insurance? Vision Insurance? Prescription Drug Card? Life Insurance? LTD Insurance? Would you be willing to take anything less than 100% payment of premium by the Board during a phase-in for a new benefit? If so, how much? 3. Would you like to see changes in any leave benefits? Please indicate in what manner you would like to see the following leaves improved? Sick Leave: Emergency Leave: Personal Leave: Holidays: Vacation: Jury Duty, etc.: Family/Child-bearing/Child-rearing: 4. Are there any major problems in your working conditions about which you would like to see language incorporated into the contract? Possible examples would be a definition of working hours, snow day policy, letters of appointment that define your working site and position, hiring practices, posting of vacancies, evaluation, job Preparing to Bargain/ 12
Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

descriptions, subcontracting, etc. 5. Are there any provisions, which are not in your contract that you would like to see bargained during this round of negotiation? If so, please list them and describe what you want the new provisions to accomplish. (Attach additional sheets if necessary.) 6. Please tell us of any other problems you would like to see addressed in this contract. 7. Of the items listed above, please prioritize those that you feel are absolutely essential to gain in this contract. Please number them in order of importance to you, with 1 being the most important item of all. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. PLEASE RETURN TO YOUR BUILDING REP OR TO _____________________ BY ( ____DAY), ( MONTH ), YEAR. Thank you for your help!! Building Reps: (TYPE LIST OF PEOPLE IN EACH BUILDING OR SCHOOL HERE)

Preparing to Bargain/ 13 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Bargaining Goals - (Tips & Reminders)

Always have at hand the established bargaining goals adopted by: 1. Your local 2. Your area/region/state Established goals should guide your bargaining efforts. Consistent reference to goals and standards make their achievement more likely and will prevent your bargaining team from overlooking critical items during the heat of bargaining.

Sample
Local Goals ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Region/Area/State Goals ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

Preparing to Bargain/ 14 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Contract Proposal Worksheet

Subject of Proposal (This section would include the issue needing action.) Motivation for the proposal (Why does this issue need attention in the contract?) Proposed location of the proposal (Where does this new idea fit in the current contract?) Article_______ Section_______ Subsection_______ Existing contract language (Does any existing language address this issue?) Article_______ Section_______ Subsection_______ Existing board or administrative policy or past practice (Are there policies of the district or administration that address this issue? Do any practices exist which address this issue?) Relevant statutory provisions (Does Minnesota law have any provisions which address this issue?) Sample language from other contracts (How do other contract address the issue?) Goals to achieve with the language (What do you want to achieve through this proposal?) Language proposal or language concepts (Write the actual language or the conceptual framework for the proposal.)

Preparing to Bargain/ 15 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Reviewing Your Proposal

Have someone from your local, other than the author(s), review the language. The following items are suggested to guide the reviewer in commenting on the proposal. _____ Does the language accomplish the desired purpose? _____ Is the language clear; does it say what the author means and mean what it says? _____ Does the language prevent the inclusion of anyone or anything which should be included? _____ Does the proposal conflict with any known laws? _____ Are the words given any meaning other than their normal meaning? _____ Are there any technical words included that need further definition? _____ Is the meaning of any words in this proposal different from the meaning of the same words in other sections of the contract? _____ Are there words which invite varying or conflicting interpretations? _____ Does the interpretation of the language lead to the desired conclusion? _____ Are there any listings included in the proposal? And if so: _____ If only specific elements of the class are included, are all elements to be included actually listed? _____ If the list ends with a general catch-all phrase, is it too broad? _____ Are the specific elements to be prioritized and if so, is the intended order of priority obvious? _____ Does the context imply meaning to key words that they are intended to have? _____ Is the proposal written in as simple a language as possible to convey the meaning clearly?

Preparing to Bargain/ 16 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

Grievance History Worksheet

Grievances or other disagreements that arise during the life of a contract are very often the source of bargaining proposals. Prior to developing proposals, each local should review grievances or other disagreements that have arisen between the parties to determine what, if anything, needs to be brought to the bargaining table. This record, kept during the life of the contract, will be a valuable resource to use for developing proposals and providing rationale to the district. Grievance/Disagreement Information Sheet GRIEVANCE/ DISAGREEMENT____________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DATE______________________________________________________________________ ISSUE______________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ CONTRACT PROVISION/AREA_______________________________________________ RESOLUTION_______________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ NEEDS FURTHER ATTENTION________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Preparing to Bargain/ 17 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

The Bargaining Process

PELRA Timelines/Getting Started After surveying the members the bargaining process begins with submitting the BMS form Notice of Desire to Negotiate. Included in this section is a sample letter to the school board, the BMS form, and the timelines for bargaining under PELRA. The PELRA timelines include reference to the May 1 notice to negotiate requirement. Caution: Your local contract may include a section which sets different deadline commencing bargaining. Please review your master contract language. The BMS Petition for Mediation Services form is also enclosed in this section.

Tentative Agreements - (Tips and Reminders)

A tentative agreement (TA) is an agreement between the parties that will be binding if ratified by the voting members of each side. Consequently, it is important that tentative agreements be: 1. Put in writing in the agreed to form. 2. Dated and timed. 3. Reproduced for each side in the same exact form and wording. 4. Reviewed jointly by both sides prior to ratification. TAs are the building blocks toward a final agreement. Maintaining an accurate record of TAs is imperative if problems are to be avoided.

Tentative Agreements
Both parties need to understand that agreement on any article or policy must be only tentative until agreement has been reached on all matters. Unless there is an understanding to the contrary, any item should be subject to further negotiation until the teams agree that they have finished their work. In the absence of total agreement, there is no final agreement on individual elements. As tentative agreement is reached on each article, that article should be typed in the agreed to form and distributed to both teams. Each can check and verify whether this is its understanding of the agreement. Once verified, the article should be marked tentative agreement, dated, and filed with other tentative agreements as they are reached. This reduces the probability of future misunderstandings. It also builds a typed version of the final total agreement.

Caucus and Adjournment

The caucus is a temporary interruption of the negotiating process to allow either team to meet by itself. It is used to make team decisions, to assess what is happening, and to
Preparing to Bargain/ 18 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

evaluate positions. Every union negotiator should know that their use of the caucus conveys certain messages to the board. Excessive use of the caucus indicates uncertainty and lack of control by the head negotiator. An extended caucus suggests that the team is having difficulty or doubt or that the team is genuinely interested in the last counterproposal. Conversely, a brief caucus could very well indicate that the team is firm and united in its resolve and has seen or heard nothing which could cause it to change position. Negotiators must take care in assessing the message delivered by their caucus practices and should use the caucus accordingly. Decisions relative to the caucus or to the adjournment of a negotiating session should not be treated casually. Productive momentum should be preserved. The team should resist efforts to interrupt bargaining at a time when significant agreements seem imminent or when a succession of agreements is coming forth. On the other hand, it might be desirable to interrupt bargaining if a cool-off period might help or if passage of time might cause the board to rethink its position.

Sidebar
1. Definition: A sidebar is an unofficial discussion away from the bargaining table by representatives of the union and management. 2. Purpose: To discover, without making an offer, if there are mutual grounds upon which a settlement can be reached. 3. Representatives: Most times these discussions are between the head negotiators of the two teams, but this is not essential. The more critical qualification is that the representatives have full authority and approval of their respective teams before meeting. (Sessions are usually one-on-one, but sometimes are two-on-two or rarely three-on-three.) 4. Timing: A sidebar usually occurs in the final stages of bargaining, but it could be used at any time in the process on a limited basis. 5. Scope: Successful sidebars can reduce the number of issues on the table, but normally resolve only a limited number of problems. Always have approval of your team as to what the scope of the side bar will be before entering one. 6. Usefulness: Nearly 100% of contracts are settled after at least one side bar. Its usefulness depends heavily on how the parties relate to each other. 7. Trust: An essential prerequisite to a sidebar is a degree of trust among the participants. High trust high probability of success, and vice versa.
Preparing to Bargain/ 19 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO

8. Dangers: Sidebars often end in disaster, with your union much worse off after one than before. This is nearly always the case with novice negotiators. Consequently, a list of never-nevers will be found below.

Sidebar Never-Nevers!!!
1. Never meet in a sidebar out of fear or weakness. 2. Never let the other team name who will be on your sidebar team; each side always names its own team. 3. Never get in a sidebar opposite people with more bargaining experience. 4. Never count on your charm, wit, good looks, or personal friendship to get you anything in a sidebar. 5. Never assume a sidebar is easy. The toughest bargaining always occurs in side bars. 6. Never expect any gifts in a sidebar. The usual thing is that you will end up no better off than with a strike, etc. 7. Never underestimate the opposition. They will go for what method they believe is in their best interest. 8. Never sidebar without the authority of your team. The team concept is more important than an early settlement. 9. Never give up in a sidebar what you would not give up in a strike. 10. Never enter a sidebar with a person unless you can at least trust them this far If we reach no agreement, both sides will always claim we never talked that is, everything is off the record forever! 11. Never promise the other side that we wont talk to our team about this. 12. Never make promises you cant deliver.

Preparing to Bargain/ 20 Courtesy of Education Minnesota American Federation of Teachers, AFL-CIO