HomeMy WebLinkAbout02/01/2000, LIASON REPORT - APCD BOARD MEETING nATE 00 IeE`A #r R�Pok
lldlson PEpoa
January 26, 2000 E10
DD DIR
FIN DIR
TO: Council Colleagues PW DIR IEFPOLICE CHFFROM: John Ewan REC DIRUnL DIRPERS DIR I
SUBJECT: APCD Board Meeting
The Board passed modifications to Rule 501, which will result in restrictions of burning green
waste materials by homeowners and for development over the next three years.
The City of San Luis Obispo will not be directly affected by this Rule, since backyard burning is
not currently allowed. The strongest benefit to citizens will occur in the Atascadero and Nipomo
Urban areas. Rural agricultural areas are not affected.
Discussion of the potential impacts of several new power plants proposed for the western San
Joaquin Valley, with potential to cause air quality impacts in San Luis Obispo County, was
agendized at the beginning of the meeting. The Board is continuing to monitor the situation and
has directed staff to participate in the process at a level necessary to ensure that potential impacts
to our county are adequately addressed and mitigated.
You may recall that we just authorized additional funding for air quality monitoring along our
eastern border to help determine the amount of air pollution received from our neighbors to the
east.
JE:ss
MEETI"G AGENDA
DATE__ ITEM # Lia_
R e{ro rt
liaison REpoRt
January 25, 2000 F'ErCAO
OUNCIL ❑CDD DIR
❑FIN 0;,1
TO: Council Colleagues TToCA0 ❑FIRC G:I:=F
g TTORNE1( ❑PWDiR
LERKIORIG ❑POLICE C'F
GMT TEAM ❑FEC DIR
FROM: Dave Romero RIg��1r- urn DIR
❑PERS DIR
SUBJECT: IWMA Meeting of 1-12-00
At its meeting of 1/12/00 the Integrated Waste Management Authority received a report from
staff that all cities within the county, and the County, are short of meeting the 50% diversion rate
goal established for the year 2000 under AB 939. (San Luis Obispo is at 34%.) The state board
is due to meet in February to determine if it will allow consideration of a change in the base year
for our diversion calculation. The basis of the request is that 1990 (base year) was a drought
year and therefore not representative of the normal yard waste figures. If the state board allows
the new base year, San Luis Obispo city and all other cities will be approaching the 50%
diversion figure.
Other items of interest:
A. Diversion rates for all jurisdictions within the county should be improved when
the materials recovery facility(MRF) now being constructed at Cold Canyon goes on
line within the next several months.
B. Staff reported that the IWMA had received a curbside oil collection grant for
$190,631, which now brings the total grants received in the last four years to over$1
million.
C. The board approved a$3,500 grant to the Children's Museum for a share of the cost
of purchasing and installing playground equipment made from used tires. This will
provide some matching funds for a state grant of$7,000 (I would anticipate the
possibility that the Children's Museum would request some funds from the City to
assist with their$3,500 share).
DR:ss
RECEIVED
/IWMA 1-00
JAN 2 5 2000
SLO CITY CLERK
MEETING AGENDA
DATEa=:--ffEM # -
reforl
memmanaum
to COUNCIL ❑CDD DIR
ErCAO ❑FIN DIR
TO: Council Colleagues B'ACAO ❑FIRE CHIEF
B*TORNEY ❑PW D1R
MLEFWORIG ❑POLICE CHF
FROM: Ken Schwartz ❑MGMT TEAM 0 REC DIR
e'tQlf5unlr, ❑UTIL DIR
❑ ❑PERS DIR I
SUBJECT: LIAISON O T
On the reverse side you will find a copy of the EVC president's report for 12/99. I think it is one
of the more important monthly reports and I encourage you to briefly review it as it brings into
focus some of the efforts being made by the EVC regarding revolving loan funds and new
business sitings.
Council Member Jan Marx replaces me as our representative to this committee for this new year.
As
RECEIVED
JAN 2 5 2000
SLO C!7� 1:%LERK
❖ EVC PRESIDEN - ' S REPORT FOR D ` EMBER I 9994
Monthly Report tv the Board of Directo . s and Members
EVC Has Moved: Come join us at our new office location (4111 Broad Street, suite A) for the January
SLO Chamber of Commerce Mixer hosted by the Creekside Career Center. Besides the EVC, the Creek:
Career Center houses the- Private Industry Council, divisions of the Employment Development Department,
SCORE, and the Department of Social Services, all operating as.a One-Stop Center for San Luis Obispo
County for employers and employees.
New Loans: Revolving Loan Fund loans include Omni Design in San Luis Obispo and La Mexicana
Restaurant in Paso Robles. Micro Loans include Desserts by Willie in Morro Bay and Little Star a natural foods
sandwich maker in San Luis Obispo. A total of 20 loans have been made since September 1997. The results
have been the creation of 91 new jobs, supporting over$ 2 million in payroll and leveraging.over$2.4 million in
new bank loans.
Available Space: Nu-Seals Inc. has broken ground on its new 36,000 square foot corporate headquarters in
San Luis Obispo. Nu-Seals, Inc. is an international manufacturer of high quality sealing products including oil
seals, molded rubber, injection molded plastic parts, machined and stamped specialty metal products. In
addition to this new building, they will also have 14,000 square feet available for lease. The new space will
include loading dock, roll up doors and parking on a two-acre site. Please contact Paul Malykont of Nu-Seals
at 546-9600 for more details.
Business Retention & Expansion Report: Now at the halfway point, the BR&E program has already
exceeded expectations for the year. Our original goal was to identify 115 new jobs being created within the
County, and $10 Million dollars in new capital investment. With only half of the County surveyed at this point,
we have already well exceeded these goals and look forward to the second half of the program implementation
in South County and the North Coast, starting this month. To-date, over 50 businesses in San Luis Obispo,
Atascadero and Paso Robles have taken part in this program. We would like to thank the businesses a-A
volunteers who have participated so far, and would encourage any business that would like to be a part of
countywide program to contact the EVC.
New Industrial Sites Directory: The Industrial Sites Directory project is currently under way with Oceano and
San Miguel as demonstration sites. When completed, the sites directory will include water, sewer, storm drain,
gas, electric, telephone and fiber optics for industrial zoned parcels countywide for all communities. For more
information about how your firm can sponsor or benefit from the Directory please call the EVC office.
Spaur Receives New Appointments for the year 2000. The Central Coast Marketing Team (CCMT) elected
Spaur at their December Board meeting as Chair for the year 2000. Spaur will represent CCMT on Team
California for the California Trade & Commerce Agency. In.addition, Spaur was recently appointed to a one-
year term on the Certification Board of Directors of the American Economic Development Council. The
Certification Board regulates the process for certifying economic development professionals.
Business Attraction & Recruitment: The focus of CCMT for 2000 will be working on the new international
IMAX/Taste of California program. The new IMAX movie titled Wild California will be part of a traveling trade-
show worldwide highlighting business and tourism scenes and products from California and the Central Coast.
Agri-business to Aerospace will be among the major industries promoted through the trade show.
The Board of Directors and staff wish to thank the following new and renewing EVC members and supporters:
Renewing members: New Members:
The Hearst Corporation (Platinum Level) Nu Seal, Inc. (Silver Level)
Rossi & Carr Electrical (Silver Level) Arroyo Linda Crossroads (Silver Level)
Senn Commercial & Investment Real Estate (Bronze)
Economic Vitality Corporation is a 501c(3)non-profit formed to retain,expand and create jobs for the residents of San Luis Obispo County.
40 PO Box 5257 San Luis Obispo,CA 93403 Tel: 805.782.9156 fax 805 781.6193 email spaurC3sloevc.org ❖
NCIL E�"' DIR
p IR
CSB' GrFIRE CHIEF
"TDMEY G PIN DIR MEETING AGENDA
ERKIORIO OtOLICE CHF DATE a-' 0 UM i ��a
❑�IOIdT TEA�1 U*C DIR R 2pOf�
Ef'f2lBU F_++ UTI
p, RMS DIR
COUNCIL REPORT FROM ALLEN SETTLE
I attended the League of California Cities Employee Relations Institute and the
following points were made:
1. Richard Whitmore, an acknowledged expert HRM attorney indicated that SB 402
(binding arbitration) will pass while Dan Walters, political columnist from
Sacramento thinks it may not unless Legislative Advocate for the public safety
workers union, Randy Perry, Is able to get out of the conference committee and
to the governor. The points made by the participants are as follows: (1) Binding
arbitration would be open to public safety employees but is not an option if
cities wanted arbitration. (2) The bill has been amended to delete the state's
mandate obligation. (3) Any effort to place the difference between the last best
offer by the city and the results of the arbitrator would be invalid, even for those
cities with such as provision or those with this in their charter. The vast majority
of cities have made no comment on this bill to date.
2. SB 400 was referenced that will provide a new retirement formula of 3% at age
50 for public safety employees.
3. SB 800 is a bill that will increase retirement benefit limit for local safety
members of the PERS system from 75%to 85% of final compensation.
4. SCA 10 Is a Constitutional Amendment that prohibits a local government from
contracting out public safety services.
More Information on these and many other bills are available by using the web
address:www. 1 e g i n f o . ca . gov.
Also the case of Cathedral City Public SafgW Management Association v. City of
Cathedral City (June 99) has been ordered unpublished this was the case where
the city unilaterally imposed a MOU for two years and six months. This is because
the ruling otherwise would mean that no MOU negotiated or unilaterally imposed
could ever exceed one year.
On another topic, regarding age discrimination, the case of Kimel v. Florida Board
of Regents(Jan. 11 2000) noted that states are not subject to lawsuits for violation
of the ADEA, since Congress cannot constitutionally abrogate states' rights by
Imposing liability for age discrimination. However, cities are not protected,
according to Richard Whitmore and this can pose several personnel problems in
the future. It is not clear why states can have 11th Amendment protections and not
local governments.
The above items are a small fraction of what was covered. RECEIVED
,IAN 3 1 2000
SLO.CITY- CIL
0
1Hter esl�flflse ,o
HARC
.AININC
Frmonts Searcbfor Excellence ....
by Gerrie Mm"
(IUFOWI MY Ike nfany other California�, the City of Fremont
L
hmOoflmi lifted itsW tb Oondnuous knprowen llflt in ah
upects of sm%ice Mvery to its customers.A iberfsed
aurdertalt3r� h this regard was Inaugurated In January
x.994 g was later dulstmW the"Excellence Igedllbn"
In recogtritlon that the dty needed to after Its course and
SPITINIT that s�+g nnw*W and Iced ma��'e
bairIgsigK of ram m shores for kft perbds dome.TM
artlde focffass on steps undefbdm In the labor maga motlon process
UM signify a mayor change of course In the reladonship between
Libor and managenfent in the City of Fremont.
The City of Fremont.kited in Alameda open 6doMm Ile pies negotiated c
County on the east side of the San Frandem no wdiout My undermooffing or esploti
Bay between SanJose and Oakland.bas a pop iaa one anothees intaaos or motivation
-laden of 190.000 and a fal tkne woddoroe of Coutracta naval y ptvvFded the same wary
860 employees.It is a AiU-service city with increase for every labor group, and the
&bray services provided byAhmeda Canty maam of bre we as Wr sew*
and wader and wammam ttemneat provided the cWs labor contracts.For esample,the
by two districts.Cay employees werep police assomsdon..whose comas was type
ed by seven different unions orasaoaadom. mIlyncgotissedara hItthefteatal o�
Labor rehnons gmendly have ben cordal ee soups reseed an the outcome of dwcow
and stable m Fremont.Howew state budget tract mos.
arts and the traftond process of avehsmgma .Ice S%the caywa m to Qnprom b hdtaa
writsen proposals and tafttg through chid mmagemmt pemeships and expressed an
16 negooamn discouraged an en�vkonment M MmMiactonOngitstradkimalappraschso
1EACA E OF CAL IFODU CMES
cinaractnegodaa°ns.Theptncessofintetat L„,,,hasls on Collaboration -dow Interest-Based
based negotiation MNI was selected as a and COnlienM
posAle option and a joint labor-management Unlike ii-abenal negotiations.the use of the Negotiation Works
committee was formed to explore its possible BN process requires that the parties work
ippfir in Fremont. (See sidebar.-How together in developing proposals.Where a-& The process of interest-based negotiation
inter ed`egotiation«orks1 The joint ditional negotiations require that the parties I(IBN)provides the parties with a structure
labor-management committee interviewed state their'positions' (that is.a preferred
practitioners and selected a trainer4w itator end mars for h s e ssioas IBN asks the par-
to provide an orientation on the IBN process solution or outcome for an issue).interest pen to����steP�
to council members. labor representatives based negotiations require that the parties 1. Define the problem.Together the par
to
managers is the tin:Following the titles• understand the motivation underlying a ties define the issue or problem to be
ration the labor groups were asked to consid- Vest.and that solutions be arrived at col- r��,
to whether they had an interest a using�N W)ora&i*.Instead of each parry having one 2. [dent&the interests.The parties work
in contract discussions is rest i Each labor �t answer(�o� for a problem,the together to understand why an item is
in contract
sponded affirmatively lea �
coo�More solutions and important to them. Interests are the
organizationattempt to read[a decision which addresses underlying motivation.This exchange pro
Identifying Strengths the interests of both parties.Issues are die- vides a forum for teal communicationx for
and Opportunities cussed until consensus is reached on an the first time parties can exchange thea
hosexpired acceptable outcome perspectives about issues and seek to
For those units whose contracts in P Fremont The IBN process can eLzair, the need understand one another's underlying
•1996(Fremont lice Association.
Fremont Assoda for both parties to keep cotes because a aro- moem
on for wanting a particular it
Professional F Po
Thisdisc supportive
tion of ylanagement Employees.and Pro. 0r n
fessional Engineer and Technicians),repre- e aII andd congruent
ofd ongruent with partnership and
sentatives of labor and management met Collectively
bmldnrg
3'
individually to identify the areas that P ohms
worked well in the relationship and areas soludam).The parses collaboratively
where the relationship could be strength- develop options,or solutions,to the
ened.The city manager attended each of problem.Because options are identified
these sessions.communicating by actions through a brainstorming process this is
and attendance her commitment to foster- frequently the most creative.and enjoy-
ing open dialogue and beginning a new era able part of the proms CmwW brain-
in labor reladons.The parties agreed to use /nsteed O/"Ch pa r aroma s theriacas out
don battribute
an experienced IBN practitioner as a pro- havhg on*ft amwer(their them to either Libor oorthem don't criticia mamanagement,and
cess c This pennitted the Parfm to own) for a problem, the parties remember that no idea is too far-fetched.
p c engaged is the problem-solving
d in Collaboratively exploro solutions too wild or Lazy,or too'out of the box'
collaprocbor Although groups experienced N and attempt to reach a deeh lon to be considered.
process
prot one f thea and the s to 4. ��to The par,
process can select one of their members to 1Yh/Ch addressed; the Interests ties collectively compare the options
act as process he fitamr.it is diffuvh for the o/both partied. (whom)which raised against the van-
facilitator to be an active participam a lar ■ ous interests.Genera$[,avatsety of viable
alive coutnbuoor and a process faalitamr all sobaioea emerges
at the same time trafixed.collective reams is seated for use What hat if the parties cannot reach
The areas identified as needing improve by all puddpmm set ts.The distowd as are sus Prior to the onof negOti-
ment were addressed'mdividualLv with each maeixed on Sp I by the hcMw r as the ations.or dating the course of discus-
Libor group prior to begmaing coact die dialogue occurs.At the conduction of each sions,the parties will begin to develop a
cussions.This provided an opportunity for negoaaaon session.these charts are tran- sense that agreement may not be
labor and management representatives to scribed and provided to all team members.At reatdze I an some isste critical to either
work together on open communiation and the beginning of the following sesd^* team pay,When this occurs the parties are
collaborative problem-solving.The parties memberseobeeaveiy review the t=sen'bed advised to individuaBy meet with char
agreed to maintain a Vault-free'environment charts and make any necessary corrections teams and Iden*that bat alternative
so drat issues could be raised and past tracts- to the cAecdve memory.In addition at the to anegotiated agreement(HATNN.A
actions discussed.honored.acknowledged conclusion of each negotiation.the getup C* BATNA is an action which eaher party
and set aside. lectively esmbfi9ha the agenda for the next can without the cmic utenee
This experience provided the city s newly meeting,determna which items need fob or agreement of the ofhet ldentibw a
appointed labor relations officer with a wealth lowwp or folba tluough,asiptct rewmio* BATNA is heW for at least two rea-
of background and historical information dyfor foll owlitemsand cMxpmthe meet-
from both the labor and management per. ingto�rwhatweotwell and what end sone:'T provide a m[ermine Vs. by
specaves.it also provided an informal intro- be imp pose the agrpardeement
t Is
saccermme(t pee
duction to the status of labor relations in the 'I this process of dig and lid a acceptable must (to be
organization.Labors wxllinmtas and abft c afaOg a prammary agreement.bah pan tera0°�'the asg:v�mt must be bet
-
organization.
share openly their historical perspective. ria talc with thea tespaave constituents than a provides ce
and management's ability to listen openly and (the ration odm with that board or etteta II ofPern�at acid. s the woe
mnjuA--wlau:aeatcd a strong bamdaoon body.and the city team with the city matt& of the ictnre pordes.Is the ictwe so ai4
for t k ahead. er)to be sure progress is being made in a or eo tri lis want tb ex► omise
fashiaa with which these eonsubmw are or i woelmrg relanonshrp
Genie Mm"is labor sdatioas o#av)or die comfortable.In Fremont.as a Preliminary over the otmsromd
cityafFnswoat Coati+aoad 1T
WEVERN CnT,FEBRUARY 1997
Inurat-Baud Bargamog,t°"naard
agreement begins to emerge.the city man-
Comments from Participants therackaescouldbethe reco teamswhether
the package could be recommended to the
council for adoption.Once conceptual agree
[]arnnpants in the i ity of Fremont s first ability to discuss issues and focus on the ment is reached,and the manager a confi-
attempt at interest-based negotiation gave issues. not the person. was great.'John dent the council is comfortable with the ten-
the pis favorable marks: Barron.Fremont Association of Management alive agreement.the union usually holds a
-Tire relationship and communication �ed departmentu ��t toproblem general membership meeting for purposes
yees
between the bargaining unit and the city of ratification.After union ratification.the
were much improved over recent contract
solving.Improved ro � OII�tvv finalized agreement is brought before the
negotiations with a history of animosity and local and management staff'Penny Starr. council for formal adoption. (See sidebar.
distrust,the new process did a fine job in business manager.Fremont Fire Deparlmeat -SPS Legal Issues Posed by Interest Based
mending fences and building the relation- Negotiations page 20.)
ship...an atmosphere of trust now exists" ■
Allen Holm.Fremont Police Association. "Agreements were Bvsfftluft Defining Success
-,meats were eventually made with- mg& MWwd any}l @Hnp of What does success look hikes For Fremont.
out any feelings of hostility or distrust... hosd ft or dh*US .,." success was achieved from two perspectives.
explaining the process beforehand and dis ■ Fust the city wmmd to change the direction
cussing any concerns about the past was a and course of negotiations to foster open dm-
great help in getting the IBN process stared. "Friction Was absent between the two logue and a free a mbange of views.and this
1 do not believe the IBN process would have negotiating teams.Frm=t Police Assocw was accamplished.5eond the city wanted
worked had we not done this This isthe fast tion(FPA)vias bargained with as an ind� employees to see its comai to partner-
time in several Yeats I an recall there not ual unit agreement based on its role in the ship as an outcome of the process Success
being a bitter aftertaste left in the air after city.not on wbat other bargaining ung were was evident from the perspective that the
negouatioffi'Steve Blair.president.Fremont going to get.The city's educating the FPA parnG9 wow together on issues of impor-
Form Association. in the IBN process worked well' Steve taQCC anyone who walked into a negotiation
'Collegial environment and everyone Iawrence,Fremont Police Associatim session would have been unable in identify
worked as a team-.great for relationship- 'The ultimate goal was achieved:a con- whose issue was under disutssiba.Labor
bu ilding.'Joni Pato.Fremont Association of tract that worked for both sides because each and management town members collabora-
Management Employees. bargaining unit was allowed to speak their lively addressed issues for solution.and
The trust that was developed through the mind without predetermined time allot there was no attribution that the issue was a
process was important to the resolution of menta"Esther Luevano.Fremont Fwdgi* "labor problem or a'management*prob-
probiems The problems wee attacked.not ers.Local 1689. lem.If one of the partners brought up r
people—I felt we were loomed to for underopen communication:no'us vs.them': issu,as team member's focused on collab,
sanding and our position apPretdated Bob willingness of all to listen to each other Wil,fns a solution.
Sertader.presdmt.Professional Engineer's worked well in the IBN process:'Frank Labor were asked to tai-
and Technicians Association. Noey,Fremont Poll=Association. dWe the use of the IBN process at the coir
'The spirit of cooperation was evident elusion of negotiations The feedback was
throughout the process The old adversarial positive and labor representatives felt it was
relationship was trot in esisoemce at all.The an improvement over previous negotiations
(see aid ebaratleft for contmene from partio-
ipeata).In addition to labor negodaliom this
process has also beenaamessiullq appsed in
solving a number of operational and person
nel Problems in avariecy of departments.
•••eve Whin Fremorts journey beam.the objet-
�r a t+t!bar tivewastoiOgethemmanddi ecdonof
�rwwottn
••..• labor tdations drtoogh the appfkaaon of Col-
laborative
vFlaborative probleumlving•That objective
has bet tatxeded.insofar as its application
GOLF DIMENSIONS ba,tranwandedtiemborttistionsawaand
provided a powerful communication tool for
= nth and yen at all levels in the
organization.The Capp of Fremoat's aMexfi-
tion continua in new tiaectioas,with re-
-± •i'� '�`..- newed commimsmt for enhanced service
delmydug*&e paumahip ofhborand
For won isforwafion, contact Gerrie
Mea>tp at(510)4%4x2
LEA=OF C UMRMA CMES
TsM* 9Mediation rmectxvely
by Norman Brand
ediation can be a powerful tool are stuck at impasse until the public for-
for setding disputa.The re- gets what was said,or"changed circum-
.;.
cent Teamsters strike at UPS stances'allow each side to move.Moving
Ras settled with the assistance of a media- the dispute into mediation makes for
v tot The potential lawsuit over not renew-
ing the contract of Los Angeles Police the opportunity for reconsideration with-
Chief Willie Williams was resolved through out publicly rating ,your words.
mediation. Increasingly, litigants are sent The mediation process most commonly
f to mediation-where they resolve their followed in public sector disputes is to
dispute. Despite the enormous growth in hold joint sessions in which the parties ex-
mediation of private disputa, mediation plain their positions to the mediator,and
.s does not appear to have undergone signifi- private"caucuses"—in which each side
.. cant growth in cities.counties,and munici- meets separately with the mediator. This
x.r
" N palities.Yet public disputes-particularly format allows parties to maintain an"offi-
r: public sector disputes-are prime condi- tial" position while deniably exploring op-
dates for mediation.It is possible that cions through the mediator.The caucus
many otherwise knowledgeable public offs- gives each side the opportunity to commu-
cials and administrators know too little niate its real interests to the neutral.who
about mediation,what a mediator can do to can help develop options,without either
help resolve a dispute, how to work with a side being committed to a particular option
mediator.or how to choose a mediator. • until both sides have let the mediator
The basics can be learned in just a few know it is acceptable.
minutes of reading. Mediation is uniquely suited to resolv-
ing public sector bargaining impasses be- .
What is mediation? cause these impasses are often the result of
Mediation is a non-binding process in interlocking negotiations which reflect the
which a neutral person assists the parties in many consdruencies involved.On the
:esolviag their dispute The mediator has union side there are different membership
no authority to impose a settlement,and constituencies based on length of service.
the parties can end the mediation at any �y needs,and specific working eoadi-
time. It can be used where a public entity tons.The union itself may face external
is being sued,or as a means for resolving threats through a challenge,a
impasses over the terms and conditions of decertification effort,or a new public
employment for unionized public employ- policy such as"workfare."
ees.My focus here is the lamer. The public employer has many con-
In public sector collective bargaining scituencies:some seeking increased set-
disputes the parties frequently use the me- vices,some seeking lower taus,some
dia w strengthen their positions by gener- seeking both.There may be separately
acing public support.This may result in elected exeeuave and legislative branches,
taking strong public positions.Both sides with the former negotiating while the lit-
can get frozen into positions that no longer to muse pass the funding. Disputes over
reflect their current assessment.but seem matters that have nothing to do with col-
impossible to move away from.Then they lecave batgz ing may prevent agreement
This article is based on a speech to the Lague of Cities"Employee Relations Institute"on February 20.1997 eisw Nene arw
a
)n a contract Since most of the budget is aelp start the process of invention. ril settlement. When we come into a
iriven by labor cera,budget folks often Makdtaedisoor proposals.Often the dispute we cry to focus the parties on the
tre in conflict with human resourcellabor problem with a particular proposal is that it consequences of not settling and the:inevi-
elations people.The former may define came from the other side.The mediator ability of ultimate settlement Through
success as imposing the cheapest deal can engage in "what if" conversations with small agreements we help the parties ov
imaginable,while the latter may define each side("What.if they were willing to come despair and resignation wad build
success as a productive. satisfied, competi- give up this,would you be willing to give settlement momentum When the public is
avely paid work force. In mediation inter- that?")and create proposals that are not cold that a mediator has been engaged it,
ial conflicts can be addressed in caucus the proposal of either side to see if both coo, perceives-chat public officials and the
and each side can resolve the internal dis- parties an igree.to them.This helps each union are making an effort to resolve the
putes in a way that allows an overall agree- side to respond to the moria of proposal, impasse:
nent to be reached. rather than reacting to rhe puny making
the proposal. How to work with a
What a mediator can do Take over poisonous press rola- mediator
dons.Sometimes the back for public
Chat you can't d0 for Successful mediation depends on the
OL1rSel{ opinion gets out of hand Even if:boih parties being properly prepared and work=
sides recognize char a rancorous public de- ing with the mediator to resolve their im-
A mediator-is unburdened by the his- bate will not help resolve the dispute,nei-
pry of the negotiations and does nor begin passe-Who you bring,what-you leave be-
ther wants to refuse comment to the re- hind and your willingness to tell deal can-
with any prejudices which cause him to
es-aluace what is being said in light of eat- didly with the mediator are all predictors of.
ler statements. Rather, he can often hearA mediator is success. Here is what you need to do to
what is being said far more clearly than ei- have mediation work for you.
:her side.The mediator can also help le- Bring the people alto can affect de-
;idmize each side's position.There is a unburdened by the Moos•If there is an Agency head with
,eason for rhe impasse. Even if char reasonhistory of the recommendatory authority,she s.hould be
s based upon the political dynamic of one there.If only the union's executive:com-
side,is is a.legitimate reason. For instance, negottatzons and does aaree at t the mediation or immediately avt'
can approvea deal,make sure they
in the recent Teamsters strike at UPS con-
verting part-time to full time jobs was aable by telephone.The elected official.
major issue. It.may well havebeeome:an not begin with.any who need to approve the deal should be
issue because the Teamsters negotiated a re udices available by telephone to be polled.
-wo tiered wage scale and the number of P Be prepared to continue the mediation
people in the lower tier was now signih- as long as the mediator believes it is pro-
:ant in internal union politics. Neverthe- porter who has.pieviouslg been helpful in a easing.
.ess, that is a legitimate reason and UPS getting out its side of the story A mediator Bring the bacbmp material tbat sup-
was obliged to respond to the part timer- an(with the agreement of the parries) pow your position.Mediators cannot
ssue if it wanted to break the impasse. provide the sole point of contact with the effectively convey positions that are based
A mediator an also: press.The public is kept informed of the on nothing more than one side's insistence
Advance the real interests of the progress of mediation,without either side on having its way. Mediators like co make
parties.In caucus.the mediator can be a being prejudiced,and without either side the process a bit more rational by looking
aalyst for each side prioritizing its re- alienating its own press contacts at what can be agreed are faces.But re-
maining issues.Without changing their Change the nxxxL In a prolonged member,you are not in mediation to argue
previously sated position.each side can impasse the parries often become con- your case and "win" the mediation.The
explore options chat are consonant with vinced chat nothing is going to move those mediator is not there m say who is right
their real interests. intransigent folks on the other side.and a but to get an agreement—which means
Help the parch iaveat.new possi- mood of anger,despair,and resign oon chat both sides win.
bilities,The mediator may have expert- ply;The public may be disgusted with eve behind any overange owhat
ence from many different jurisdictions, both ate.Mediators are committed to happy is nen'The media-
over many years,or in the private seetot moving out of impasse to a constructive so-
He can bring ideas to the.parties stat may lucon.:And good ones are competentco was wrong.If you must talk about what
have been successful in other places.The help the.pardes do just that you eoaiider bad behavior by the ocher
mediatorcan help the parties examine pre- Competent mediators have seen many side,do nor:do it in joint sessions.
viously rejected ideas,suggest new ideas, disputes and can sense when a dispute is Tell the snediauor the t mtb..Cha.....
a mediator you feel you can trust to honor joindy selecting and paving a mediator.
the commitment not to.convey anything -If you can get agreement on a mediator.
char was said in caucus without permission. but not on paying,there are several op-
Med: --rs work with the different values cions. First,the best course of action is to
eac. puts on specific items. During insist that the union pay something. It
negotinrions your goal may have been to could be 5%, 10%.20%.or any ocher fig-
overvalue what the other side wanted and ure.The amount is not important,the buy
undervalue what you wanted.The media- in is.With some financial investment,the
tot ass to knot'your actual priorities. Is union is more likely to be serious about the
;his concession worth that raise' If it might mediation.Then the parties can agree chat
be.say so. If you say everything is vital, the mediator will not be cold who is paying
then you do not have clear goals.You must what.The mediator need simply be cold
com•ev what rcally counts to avoid having chat for the sake of simplicity she is to bill
the mediator waste everyone's rime. the employer,who will collect the union's
share on behalf of the mediator.
How to choose a mediator But what will the public say about
In one sense. your.choices are quite elected officials who pay for what they
simple. If you want a free mediator you can could get for free: In recent years I have
get one from the California State Media- mediated disputes in the Denver Public
tionand Conciliation Service.Their me- Schools and the Davis Unified School dis-
diators are obliged by law to mediate every mcc In Denver,years of strikes were re-
school dispute and to certify when is is placed by years of agreements.And in
ready for fact-finding.They are also avail- Davis a 2-2 month long impasse which was
able to resolve labor disputes for cities, dividing the community was resolved.
counties.and municipalities.They have %hat did the public say about their elected
enormous demands on their rime.Conse- officials;"Smart"
quendv,they may not be available at the
spe !,me you want and they may have
limic...cns on the rime available for your
dispute.Their constraints are.of course,
Vornrmr Brand negotiated for rhe Governor of
budgcmry
If you choose to pay for a professional. New York,was laborCoansel to d e Emergency
mediator,you can ter whoever you want Fioaaaa/Coarct!Board for&e City of:Vew
Bur.why should}roar pay for what war an York,Qdd limned madiatars for du`Vet York
ser for free:There are several reasons.You prrbGtEnrployraartRelatronr Board He has
can choose(within scheduling limits)the ko a fall ties warm T and arbitrator in
rime,place,and length of time devoted to sinar 1983.
the mediation.You can choose a mediator
with the experience,style.and skills that
are-in-,rout view-best suited to resolving
your dispute.Of course, both parties must
agree on the mediator-which is an advran-
cage. By selecting someone who both par-
ties believe will be able to resolve the im-
passe you increase the chance chat the dis-
pute will,in£tic,be resolved.
But what if the union is unwilling to
take on the financial burden of a paid pm-
fessionai mediator;In the first place,do
not assume char.the union will be unwill-
ing• -tie While some unions are simply
WC I to be able to afford any cost of
mediation,others recognize the advantages
3
UNpI 0-C i
•
VE
FI A �
Oi
pe- e PW DIR IEF MEET NG AGENDA
ZPRIG POLICE CHFDATE `�-.e.��rEM # LL`a
❑MG ��.
EdT TEJAK C3g�C DIR R eeo(+
�TRIB �IFs C@4LUTTII�DIp
p€RS DIR
COUNCIL REPORT FROM ALLEN SETTLE
I attended the League of California Cities Employee Relations Institute and the
following points were made:
1. Richard Whitmore, an acknowledged expert HRM attorney indicated that SB 402
(binding arbitration) will pass while Dan Walters, political columnist from
Sacramento thinks it may not unless Legislative Advocate for the public safety
workers union, Randy Perry, is able to get out of the conference committee and
to the governor. The points made by the participants are as follows: (1) Binding
arbitration would be open to public safety employees but is not an option if
cities wanted arbitration. (2) The bill has been amended to delete the state's
mandate obligation. (3) Any effort to place the difference between the last best
offer by the city and the results of the arbitrator would be invalid, even for those
cities with such as provision or those with this in their charter. The vast majority
of cities have made no comment on this bill to date.
2. SB 400 was referenced that will provide a new retirement formula of 3% at.age
50 for public safety employees.
3. SB 800 is a bill that will increase retirement benefit limit for local safety
members of the PERS system from 75%to 85% of final compensation.
4. SCA 10 is a Constitutional Amendment that prohibits a local government from
contracting out public safety services.
More information on these and many other bills are available by using the web
address: www. leginfo . ca . gov.
Also the case of Cathedral Chy Public Safety Management Association v. City of
Cathedral Cathedral Cfty (June 99) has been ordered unpublished this was the case where
the city unilaterally imposed a MOU for two years and six months. This is because
the ruling otherwise would mean that no MOU negotiated or unilaterally imposed
could ever exceed one year.
On another topic, regarding age discrimination, the case of Kimel v. Florida Board
of Rge ents(Jan. 11 2000) noted that states are not subject to lawsuits for violation
of the ADEA, since Congress cannot constitutionally abrogate states' rights by
imposing liability for age discrimination. However, cities are not protected,
according to Richard Whitmore and this can pose several personnel problems in
the future. it is not clear why states can have 11th Amendment protections and not
local governments.
The above items are a small fraction of what was covered. RECEIVED
.IAN 3 1 2000
SLOB TY-.COUNCIL
00
ITT,?I
SM.!Ttl Ol
r
Q
lfllereslfiflflsed
HARC.AININC
Fremonts Searcbfor Excellence ...
by Game MM"
I
Ike fney other California cabs,the City of Fremont
has CalledtEed itseNto contlnuoud bnprovement in A
aspects of service def "to its a�sf was,A focused
n this regard eras UauCurated in January
1994. It was hdw christened the"Excellence S pedlllon"In rocogiddon thatthecityneededtoalfaerIbcourseand
� ww �'�e
loslrhg sw o fanh®ar aihores for lw%j o l o rk of time.This
artide foaaies on steps undertaken b the labor ;g 11 11 process
VW so*a major change of course in the ndadonship between
labor and nhanagernent in the Clty of Fremont.
the City of Fremont.located in Alameda spm dialogue.The parries ngpoaoed�
County an the east side of the San Fhmdwo mess widntrt J*=dMWMft or espror
Bay beewem SanJase and Oaldmd.has a pop ins one anodw s interests or motivaions.
ulation of 190.000 and a fuIItme wwkfixoe of Com usually provided the rano salary
850 employees It is a 5ti1-service city with increase for every labor group, and the
library serves provided by Alameda Canty mount of low sire Sts Wr geae:ally sboped
and roamer and wase ewas r treatment provided the ages labor aontram For eamplr,the
bytwo districts Cay mvlo9xs arerepeseav pollee aeon,whose eoutraec was ty*
edbyseven OFS mtaaianaorasoodidam a>ly nest.fdtthefioeotafle�lop
Labor relates generally have been andel, ee groups tested on the o meatne of theacoa
and mble.in Fremont Howem state budget text negotiations,
ami and the erad'roonal process d .In 1995.the dtywmw to iciptose iis labor
written propoeWs and taDdug;through chid ttraoagemeat wpm and an
16 negotawndixoiragedanmvhvnmentof kma stinding itsuraffitiaoslapptemchto
LEAGuE OF Ca1g'oFem CmEs
conawnegotiations.The process ofinterest- EK'is on Collaboration ,,u-N Interest-Based
based negotiation (IBNR was selected as a and Consensus
pos Me option and a joint labor-management Unlike traditional negotiations.the use of the Negotiation WAS
committee was formed to explore its possible IBN process requires that the parties work
application in Fremont. (See sidebar.-How together in developing proposals.Where uta
Interest-Based Negotiation Works-)The joint a process of interest-based negotiation
labor-management committee interviewed state their*positions" (that isa preferred l negotiations require that the Parries 0N)provides the parties with a structure
practitioners and selected a trainer-facilitator state t . and fonts for discissions.BN asks the par-
solution or outcome for as issue).interest ties to follow these
to provide an orientation on the BN process steps
to council members.labor representatives based negotiations require that the parties L Deme the problem.Together the par-
and managers in the city.Following the orien- understand the motivation underlying a des define the issue or problem to be
tation.the labor groups were asked to consid- request.and that solutions be arrived at col- resolved.
er whether they had an interest in using IBN laboramht Instead of each Party having one 2. Identify the interest The parties work
in contract discussions in 1996.Each labor right answer(thy own) for a problem.the together to understand why an item is
organization responded affirmatively. parties collaboratively explore solutions and important to them. Interests are the
attempt to reach a decision which addresses underlying motivation.This exchange pro
Identifying Strengths the interests of both parries Issues are dis- vides a forum for real communication for
and Opportunities cussed until consensus is reached on an the first time parties an exchange their
For those units whose contracts expired in acceptable outcome. perspectives about issues and seek to
1996(Fremont Police Association Fremont The BN process can eliminate the need understand one another's underlying
Professional Firefighters.Fremont Assoda for both parties to keep noes because a cera motivation for wanting a particular item
tion of Management Employees.and Pro- "Ibis type of open discussion is supportive
fessiooal Engineer and Techne^ans).repre- of and congruent with partnership and
sentareladonshipbtnldiog.
individually
ly labor and manay the car eat met 3. �P oto(DosMe
individually to identify the areas that so�ons),The parties collaboratively
worked wein the relationship and areas develop options,or solutions. to the
where the relationship could be strength-
ened.The city manager attended each of problem.Because options are identified
these sessions,communicating by anions through a brainstorming process,this is
and attendance her commitment to foster- bequently the most aead and enOy-
able part of the process Gen"brain.
ins open dialogue and begparties
agreed
a new era storming rules appy get the'�e out
in labor talatians The parties agreed to use !fes of each party
an experienced BN practitioner as a pro- haul 011e answer �r there.dont me=ideas.don't 9m7b d
cess facilitator.This permitted the parties to r them m either labor or neat and
be actively engaged in the problem-solving Own) for 8 problem? the partles remember that no idea is too far Fetched
process.Although groups experienexd is CollaboratlYely explore solutions too wed or Hazy,or too'out of the box"
collaborative problem-solving and the BN and attempt to reach a dechgan to be considered.
process an select one of their members to which eddresdea the hdo,a ata 4. Compete optiooa to, The pati
act as process ociri n it is difficult for the of both pard". ties collectively compare the options
facilitator to be an active participam a erre- (sohitiooa)which raised against the vari-
ative contributor and a process faeTitator all ous inteam may,a variety of viable
sohat the same time. nayxed copective record is crested for tae S. WLWh.aons at i t the parties cannot reach
The areas identified as needing improve► by all parocipants.'Ihe disc ssions arc sum-
meat were addressed individual with each marized on flip charts by the hcfflmr as the apesswW Prior to the onset of negod-
labor group prior to beginning contact dis. dialogue oonurs.At the conclusion of each atnons. a tinting the worse of veto a
cessions This provided an opportunity for negotiation session.these charts are tract- 4O0s'the patagia`°�beget to develop a
labor and management representatives to std and provided to all tram members At � , I anthaagreement may not be
work together on open rnaununiadon and the bega�g of the following session.team pat a some issue,the p rt whet
collaborative problem-solving.The parties members eollec&*review the traoscrtibed 1�9 When this 'the t are
advised to individually meet with than
agreed to maintain a-fault-free"environment charts and matte nay necessary corrections
so that issues could be raised and past Laos- to the collective memory.In addition at the teams and identify their best a]terA).A
actions discussed.honored.acknowledged eon of each tido.the group col. to a negotiated (� pa ty
and set aside. Iecdvdy esrat>bshes the agenda for the nehtt BATNA a an action which either party
This experience provided the cWs newly meeting determines which items need fol• or implement without cite wnaurmee
appointed labor relations officer with a wealth �p or fops,a:m�s tapomsi� or agreement of the othea asst two re res-
of background and historical information ayfafopwQ items and ci ti pmthemeet BATNA is hdte1 for a least two eea-
from both the labor and management per ingtoidev*whatweetweland what woid W it provides a meat by
spectives.It also provided an informal iffio- be�, posed
the pitta tetaccept lel if a pro-
duction to the status of labor relations m the lbratglicatthis proem of and floc is acceptable (to be
bet-
organization.Labors wffwvesa and ala t9 �a y amt,both w fa the ®at be ben
to share openly their historical perspective, ties talk with their respective urs than you BATNW node provide an
and management's abnMW to Calm openly and (the uman team with their board a mmsive tetlleR on
nonjudgmentall a strwgfoundation body,and the city team with the cr9 mEM26 of the issue at band.is the isane so crtti-
for the work ahead er)to be snore progress is being rade in a cal fhtd tide ptnrties want to ooahpeomise
fashion with which the constimem are or jeopardin the worltiog relationship
Genie Mm"is tabor rdaftm olfcnlor ore comfortable.In Fremont,as a preliminary over the oatoomd
city ojFrewoat CoXdoad 17
WMM Crnr,FEBRUARY 1997
faww_Baud Bargoisirug,co>ttiantd
agreement begins to emerge.the city man-
Comments from Participants the advises couldthe be recommenng ded
dtowhether
the package could be recommended to the
council for adoption.Once conceptual agree-
Participants in the City of Fremont s first ability to discuss issues and focus on the meat is reached.and the manager is confi-
aaempt at interest based negotiation gave issues. not the person. was great"John dent the couched is comfortable with the ten-
the process favorable marks: Barron Fremont Association of Management tative agreement the union usually holds a
'The relationship and communication "Fire department staff and employees acral membership mewing for purposes
between the bargaining unit and the city shared values and commitment m problem
of ratification.After union ratification.the
were much improved over recent contract local
Improved communication tem y Starrween finalized agreement is brought before the
negotiations.with a history of animosity and local and management staff."Penny Starr. council for formal adoption. (See sidebar.
distrust the new process did a fine job in business manager Fremont Fire Department -Special Legal Issues Posed by Interest Based
mending fences and building the relation- Negotiations."Page 20J
ship...an atmosphere of trust now exists•' ■
Allen Holm.Fremont Police Associadom torero evef hwly Defining Success
-Agreements were eventually made with- lands wjthaa any ft~of Who does success look MW For Fremont
out any feelings of hostility or distrust.. ixwtft or dilSbl oL.- success was achieved from two perspectives•
otplaiaiog the process beforehand and dis First the city wanted to change the direction
mussing any concerns about the past was a and course of negotiations to foster open din
great help in getting the IBN process started. "Friction was absent between the two logue and a tree exchange of viewm and this
I do not believe the IBN process would have negotiating teams•Fremont Police Assoda- was accomplished Second.the city wanted
worked had we not done this This is the first tion(FPA)was bargained with as an mdivid- employees to see its commitment to parmer-
time in several Years I an recall there not ual unit agreement based on its role in the ship as an outcome of the process Success
being a bitter aftertaste left in the aur after Qty.not on what other bargaining units were was evident from the perspective that the
negodatioas"Steve Blair.presdeat Fremont going to get The city's educating the FPA Peres worked together on issues of impor-
Police A«^^i ^^s in the IBN process worked well' Steve ttoce:ane who walked into a negotiation
"Collegial environment and everyone Lawrence,Fremont Police Association, session would have been unable to identify
worked as a team...great for relationship "the ultimate goal-was achieved.a con- whose issue was under discussion.Labor
butldhtg.'Join Paolio.Fremont Association of tract that worked for both sides be ca ue each and management team members collabora
Management Employees bargaining unit was allowed to speak their fly addressed issues for solutio.and
'Me trust that was developed through the mind without predetermined time allot them was no attribution that the issue was a
process was important to the resolution of meats"Esther Wevano.Fremont Frdghb "labor"Problem or a"management'prob-
problems.The problems were attacked.not err;local 1689. lem.If one of the partners brought up an
people-1 felt we we listened to for under- "Open communication:no'us vs.them': isom all team member focussed on collabo
standing and our Position appe®oed."Bob willingness of all to listen to each other fly finding a solution-
S&adder.president Professional Engineers worked well in the IBN process."Frank labor representadves were asked to ai-
and Technicians Association. Noey.Fremont Police Association. dque the use of the IBN process at the con-
' Me spirit of cooperation was evident elusion of negotiations The feedback was
throughout the process The old adversarial positive and labor representatives fat it was
relationship was not in existence at all.The an improvement over Previous negotiations
(ser sideiwr at kS for eon from parde-
ipants).In addition to labor» Ons.this
process has oho been successfully applied in
.2 . solving a number of operational and peson-
--••':6 nel problems in a variety of deparvaeus.
•e co est when FremwWs journey bqpuL the objet
e ale tile' tivewas to age the course and direction of
�-�•• •• laborreladons through the app6®don of Col.
--•••• laborative problem solving•That objective
has been e, u4ta', �
as its appikation
GOLF DIMENSIONS
.. ;;d hasttamom�dlhelabofRiatioOse[enaand
Provided a powerful communication mol for
c managers ad employes at an levels in the
enL or9mbefen-The Guy of Framfs atpedi•
tion continues in new directions with m
newed commitment for enhanced service
�y�the of and
managem aL
For more information.contort Gerrie
Meat qt 15107 49F4662
ti.P.
18
UAGus OF CAI JF+OWIA CMES
sin Mediation Effectively
by;Norman Brand
ediation can be a powerful cool are stuck at impasse until the public for-
for settling disputes.The re- gets what was said, or"changed circum-
cent Teamsters strike at LTS stances"allow each side to move. Moving
cvas settled with the assistance of a media- the dispute into mediation makes for
tor.The potential lawsuit over not renew- "changed circumstances." It can provide
: .; ing the contract of Los Angeles Police the opportunity for reconsideration with-
Chief NrIlie Williams was resolved through out publicly eating your words.
mediation. Increasingly, litigants are sent The mediation process most commonly
<;
to mediation–where they resolve their followed in public sector disputes is to
dispute. Despite the enormous growth in hold joint sessions in which the parties cx-
y.s mediation of private disputes, mediation plain their positions to the mediator,and
I»
docs not appear to have undergone si fi- private "caucuses"—in which each side
41
cant growth in cities,counties,and munici- meets separately with the mediator. This
..
palities.Yet public disputes–particularly format allows parries to maintain an"offr-
public sector disputes–are prime candi- tial position while deniably exploring op-
dates for mediation. It is possible that tions through the mediator.The caucus
many otherwise knowledgeable public otli-. gives each side the opportunity to commu-
cials and administrators know too little nicare its real interests to the neutral,who
about mediation,what a mediator can do to can help develop options,without either'
help resolve a dispute,how to work with a side being commixed to a particular option
mediator.or how to choose a mediator. until both sides have let the mediator
The basics can be learned in just a few know it is acccpmble.
minutes of reading. Mediation is uniquely suited to resolv-
ing public sector bargaining impasses be- .
What is IneffiSt on? cause these impasses are often the result of
Mediation is a non-binding process in interlocking negotiations which reflect the
which a neutral person assists the parties in many constituencies involved.On the
resolving their disputa The mediator has union side there are different membership
no authority to impose a settlement,and constituencies based on length of service,
the parries can end the mediation at any family needs.and specific working condi-
time. It an be used where a public entity rions.The union irscif may face external
is being sued,or as a means for resolving threats through a challenge,a
impasses over the terms and conditions of decertification effort,or a new public
employment for unionized public employ- policy such as"workfare."
ces.My focus here is the laser. The public employer has many con-
In public secoor collective bargaining sacue==some seeking increased ser-
disputes the parties frequently use the me- vices,some seeking lower taxes,some
dia to strengthen their positions by getter- seeking both.Then:may be separately
acing public support.This may result in elected executive and legislative branches,
taking strong public positions.Both sides with the former negotiating while the lac-
tam get frozen into positions chat no longer ca mulct pus the fund Disputes over
reflect their curraic assessment,but seem matters that have nothing to do with col-
impossible to move away from.Then they lective bargaining may prevent agreement
This article is based on a speech to the League of Cities"Employee Relations Inscituce"on February M 1997 ersgrNwn a ra,a
in a contract.Since most of the budget is help start the process of invention. ril. r settlement. When we:comeinto a
[riven by labor facts, budget folks often Malce•miediator proposals.Often the dispute we cry to focus the parries on the
re in conflict with human resourcellabor problem with a particular proposal is that it consequences of nor sealing and the inevi-
clations people.The former may define came from the ocher side.The mediator nbility of ultimate setdement.Through
uccess as imposing the cheapest deal can engage in "what if conversations with small agreements we help the parties over-
maginable,while the latter may define each side("What if they were willing to come despair and resignation and build
uccess as a productive, satisfied, competi- give up this,would.you be willing to give settlement momentum.When the public is
ively paid work force. In mediation inter- that?")and create proposals that are riot cold that a mediator has been engaged it,
:al conflicts can be addressed in caucus the proposal of either side to see if both coo, perceives that public officials and the
nd each side can resolve the internal dis- parries can agree to them.This helps each union are making an effort to resolve the
uses in a way that allows an overall agree- side to respond to the merits of a proposal, impasse.
hent to be reached. rather than rearing to the party making
the proposal. How to work with a
What a mediator can do Take oyer poisonous press reh mediator
dons.Sometimes the battle for public
hat you can't do for Successful mediation depends on the
v OutSelf
opinion gets out.of hand Parries being properly erl Even if both ro prepared and—
work-sides recognize that a rancorous public de- in with the mediator to resolve their im-
A mediator is unburdened by the his- bate will not help resolve the dispute,nei- g
oryh any prejudices which cause him to of the negotiations and does not begin passe.Who you bring,what you leave be-
vitcher wawa co refuse comment to rise re- hind and your willingness to cell deal can-
:%-aluate what is being said in light of ear- didly with the mediator ate all predictors of.
ier statements. Rather, he can-often hearA mediator is success. Here is what you need to do to
chat is being said Far more clearly than ei- have mediation work for you..
her side.The mediator can also help le- Bring�people who can affea de-
unburdened by the cisions.If there is anency head with
;irimize each side's position.There is a '°'g
eason for the impasse. Even if that.reason ��the recommendatory authority,she should be
s based upon the political dynamic of one history there.If only the union's executive com-
ide, it is legitimate reason. For instance; g0atrons and does puttee can approve a deal,make sure they
n the recent Teamsters strike at LIPS con- are at the mediation or immediately avail-
rorcing part-time to full time jobs was aable by telephone.The elected officials
najor issue.It.may well have become an not begin with any who need to approve the deal should be
slue because the Teamsters negotiated a. available by telephone to be polled
wo tiered wage scale and the number of prejudices Be prepared to continue the mediation
)eople in the lower der was now signifi- __ as long as the mediator believes iris pro-
=t in internal union politics. Neverthe- porter who his previously been helpful in finessing.
ess. that is a legitimate reon and UPS getting out its side of the stone A mediator Bring the backup material thas sap-
as
was obliged to respond to the part timer can(With the agreement of the,pardes) poets Yom•position.Mediators cannot
ssue if it wanted to break the impasse. provide the sole point of contact with the effectively convey positions chat are based
A.mediator can.also: press.The public is-kept informed of the on nothing more than one side's insistence .
Advance the real iatesem of the progress of mediation,without either side on having:its way. Mediators like to make
)araes.In caucus, the mediator can be a being prejudiced and without either side the Process a bit more rational by looking
,aralyst for each side prioritizing its ie- alienating its own press contacts at what an be agreed are face But.re-
naining issues. Without changing their Change the mood. Ina prolonged member,you are not in mediation to argue
neviously stated position.each side can impasse the parries often become con- your ase-and "win" the mediation.The
:xplore options that are consonant with vinced that nothing is going to move chose mediator is not there to say who is right,
heir real interests, intransigent folks on the other side,and a but to get an agreement-which means
Help the parties;inven new Pte- mood of anger,despair,and resignation that both sides win.
)iUdies.The mediator may have experi- prevails,The public may be disgusted with Leave behead anyanger ovier what
:nee from many different jurisdictions, re both sides,Mediators acommitted to haPPmed in.nemotiatlo�.The media-
wer many years,or in the private sector: moving out of impasse to a constructive so- for will nor decide who was right and who
He can bring ideas co the parries that may lution.And good ones are competent to was wrong.If you must talk about what
save been successful in other places.The help the parties do just that you consider bad behavior by the other
nediator can help the parries examine pre- Competent mediators have seen many . side,do not do is in joint sessions
riously rejected ideas,suggest new ideas, disputes.and can sense when a depute is Ten the mediator die trait Choose
- - 2
a mediator you feel you can crust to honor ;:,,randy selecting and paying a mediator.
the commitment not to convey anything If you an get agreement on a mediator.
chic was said in caucus without permission. but not on paying, there are several op-
Mediators work with the different values ;ions. First.the best course of action is to
each side puts on specific items. During insist that the union pay something. It
negotiations your goal may have been m could be 390, 10%.20%.or any other fig-
overvalue what the ocher side wanted and ure.The amount is noc important,the buy
undervalue what you wanted. The media- in is.«5th some financial investment,the
torhas co know your actual priorities. Is union is more likely to be serious about the
:his concession worth chat raise? If it might mediation.Then the parties can agree that
be. say so. If you sav everything is viral. the mediator will not be cold who is paying
then you do not have clear goals.You must whir.The mediator need simply be told
convey whir really counts to avoid having char for the sake of simplicity she is to bill
the mediator waste everyone's time. the employer,who will collect the union's
share on behalf of the mediator.
How to choose a mediator But what will the public say about
[none sense.your.choices are quite cleacd officials who pay for what they
simple. If you pant a free mediator you can could get for free: In recent years I have
get one from the California Sette Media- mediated disputes in the Deaver Public
cion and Conciliation Service.Their me- Schools and the Davis Unified School dis-
diarors are obliged by law to mediate every trict.In Denver,years of strikes were re-
school dispute and to terrify when it is placed by years of agreements.And in
ready for fact-finding They are also avail- Davis a 2-1 month long impasse which was
able to resolve labor disputes for cities, dividing the community was resolved.
counties.and municipalities.They have What did the public say about their elected
enormous demands on their time.Conse- officials;"Smart"
quer#they may not be available at the
specific time you want and they may have
limitations on the time available for your
dispute.Their constraints are,of course,
V017aa1t Brand raegoriaud for dee Governor of
budgetary.
If you choose to pay for a professional. New 254,was Labor Coamd to At Eau>grrcy
mediator.you can get whoever,you want. Financial Control Board for At City of:Vew
Bur why should you pay for what you can Art,and varied madratoes forAe-Vow York
get cor Ener There are several reasons.You P4jffc Employment Rdaaoar Board.He bar
can choose(within scheduling limits)the hm a fall trnu wediaror and arbrtrm°r in
time,place.and length of time devoted m Ca*rviesraa 1983.
the mediation.You can choose a mediator
with the experience,style,and skills that
are-in your view-best suited to resolving
your dispute.Of course. both parties must
agree on the mediator-which is an advan-
rage. By selecting someone who both pw-
ties believe will be able to resolve the im-
passe you increase the chance that the dis-
puce will.in fact,be resolved.
But what if the union is unwilling co
take on the financial burden of a paid pro-
fessional mediator; In the fust place,do
nor assume that the union will be unwill-
ing to pak While some unions are simply
too small to be able to afford any cost of
mediation.others recognize the advantages
3