PowerPoint slides for students enrolled in Dr. Voltz's Spring 2009 class.

1. EDA 6870 Collective Bargaining Dr. Richard Voltz Eastern Illinois University Spring 2009

6. Course Requirements Assignment Points Possible Class Attendance and Participation 75 Simulated Bargaining Paper 50 Exam I 100 Journal Article 50 Exam II 100 Journal Presentation 25 Interview Assignment 50 Total 450

29. ILCS 5/4 EMPLOYER REQUIREMENTS Must bargain with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by employee representatives

38. Third-Party Intervention Recommends Publicizes Enforces Mediator X Fact-Finder X X Interest arbitrator X X X

40. ILCS 5/13 STRIKES 4. The collective bargaining agreement between the educational employer and educational employees, if any, has expired 5. The employer and the exclusive bargaining representative have not mutually submitted the unresolved issues to arbitration. If, however, in the opinion of an employer the strike is or has become a clear and present danger to the health or safety of the public, the employer may initiate in the circuit court of the county in which such danger exists an action for relief which may include, but is not limited to injunction

117. Negotiation Theory Distributive Integrative Traditional Win-Win Interest Based

118. Win–Win Process Pre-Work First Weekend Second Weekend Activity Period Post Work In-service Training

127. Human Relations Labor Relations Process Consensus Adversary Agenda Problems and needs Demands Arena Personal-Humanistic Legal Result Change or Development Contract Obligation Emphasis Self-actualization and Growth Economics and Security Goals Internal External Participants Individuals Union Location Local Issues Statewide Demands Benefits To organizational goals and clients through better programs To union and its members through increased benefits, power and security

173. Arbitration Mediation A third party, the arbitrator, has authority to decide the outcome of the dispute. The parties are in control of the final outcome of their discussions. They tailor the solutions to meet their needs. The parties, or their representatives, argue the merits of their case before the arbitrator, by preparing and presenting evidence which validates their position and defends against “the opposition.” The parties may obtain the advice of an attorney which can help their negotiations but the non-adversarial forum will be preserved. The arbitrator will render a decision that can be entered as a judgment of the court. The mediator will facilitate communications between the parties, will help develop options and solutions, and can prepare a final agreement. Although the fees for legal representation can be substantial, the process is more focused and costs less than traditional litigation. By combining their resources to pay for costs of mediation, the parties can resolve their differences less expensively. The goal is for each party to present its case before the arbitrator, avoiding the complications and delays of procedural conflicts and court schedules. By emphasizing collaboration and communication, under strict confidentiality, the parties can preserve and improve existing relationships. The authority and finality of a court-like setting, but with less formal rules of evidence and procedure. The flexibility and creativity of solution-building that enhances the interests of the participants, allowing all parties to win.