Working with the employer
UNISON branches and stewards have always got involved in local bargaining, but now they are concerned with a far wider range of issues than a few years ago.
Privatisation, contracting out and employers' policies mean that much more is dealt with at local level.
The focus of bargaining is also changing. UNISON stewards or branch officers are as likely to find they are negotiating on contracts, re-organisation and job duties, or issues such as PFI, market testing and Best Value, as on pay.
The role of the local negotiator is an important one requiring some different skills to those you will have used in representing people in grievances and disciplinary cases.
The union provides training and backup for all its negotiators, but there are some basic guidelines.
The negotiation process tends to follow a standard pattern, which falls into four recognised stages.
It starts with preparation. You need to do careful preparation and research, especially in seeking the views of members.
The opening comes next. One side tables a proposal and the other side responds. This stage can involve adjournments to collect further information and test out arguments.
It also includes identifying the relative importance of issues, fall back positions and 'bottom lines'.
Trading sees both sides trade things in order to move from fixed opening positions to an agreement: "We'll offer x if you'll agree to y."
Again, there can be lots of adjournments to explore options, test arguments, consult, etc. This stage slowly builds consensus and narrows down the areas of disagreement.
Finally, there is agreement, where both parties reach agreement. This should include a phase where the final proposal is put to the members and ends with the agreement being documented for future reference.
Neogiation is a common part of our daily lives. Negotiating as a UNISON representative requires the same skills, together with knowledge and understanding of some of the more formal processes of negotiation.
Stewards should not normally conduct a negotiation alone. It is always better to have back-up and support and a range of skills and experience to call upon.
Many branches have negotiating teams made up of branch officers and stewards. Places on the team should be linked to membership constituencies such as departments, sites or occupational groups to ensure that the wide range of UNISON membership is represented.
Regions organise training courses to develop negotiating skills. Also, UNISON organising staff are skilled in advising on the negotiating process.
Negotiating teams are ideally made up of individuals with complimentary skills, including: drafting and presentation, bargaining, research, questioning and note taking.
Teams may also include, or have access to, specialists in certain areas such as equal opportunities or health and safety.
Further information on the negotiation process is provided in Local Bargaining, A Guide for UNISON Negotiators (
Acrobat PDF version) and in UNISON's collective bargaining course.
It is important to understand the difference between negotiation and consultation.
Negotiation commits both parties to reaching agreement, whereas consultation is merely a commitment to exchange views. Most agreements will be clear on what is subject to negotiation and what to consultation.
While consultation gives unions fewer automatic rights it can still be very valuable in ensuring that the views of the union and its members are progressed. Skilful negotiators are often very successful in converting consultation into negotiation.
Some employers confuse consultation with the conveying of information. It is much more than this.
Most agreements and supporting legislation require employers to undertake 'meaningful' consultation.
Advice for activists | next: Health & safety
