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Jerry Glass

Tip Tuesday: What Event(s) Constitute Force Majeure?

COVID-19 erupted in the United States without much warning. It is a classic case of what companies call a force majeure event, meaning an unforeseeable circumstance beyond the control of the company.  How do you determine if an event(s) constitutes force majeure?

Tip Tuesday: 6 Key Components of Effective Contract Administration

Once negotiations have concluded and an agreement is in place, both parties must work together on an on-going basis to implement the provisions of the contract. This includes a willingness of both sides to work together and solve problems that may arise. To effectively administer a labor contract, employers need to:

1. Print and distribute the contract to the union and management

2. Train the affected constituencies regarding the provisions and changes in the contract and review issues associated with administering contract provisions 

Tip Tuesday: 10 Contract Costs That Can Be Overlooked

​When costing out contract costs, it is easy to think of the big cost items—pay, vacation, sick, retirement, and insurance. While these items make up the majority of labor costs, there are other contract costs that shouldn’t be ignored. Here’s a list of some of the other common areas that companies may not stress enough in labor costing:​

1. Number of days off in a week or month 

2. Scheduled work hours that either include or exclude a paid meal period 

3. Monthly, annual, and maximum sick leave banks 

4. Credit time for shift work when an employee is idle 

Tip Tuesday: 10 Key Points for Management When Developing Proposals

Contract proposals have legal, economic, operational, logistical and administrative impacts. A negotiating team should consider the following key points when developing proposals: ​

1. What are your overall objectives in negotiations? 

2. What is the purpose of each proposal?

3. What problems are you trying to solve? 

4. What is required to implement each proposal? 

5. What will the proposal mean to various stakeholders?

6. Is the proposal consistent with the organization’s strategic plan/policies? 

7. What is the total cost of the proposal? 

Tip Tuesday: 5 Tips When Negotiating a "Me Too" Clause

When bargaining with multiple units at the same company, a commonly negotiated clause is called a “Me Too” provision. A basic definition of the "Me Too" clause is when a company negotiates something(s) of value greater than what another union has already settled for, the unions who have already settled will automatically get the greater value of the present contract with the other union(s).

When negotiating a “Me Too” clause, beware of the following:

1. Make sure your “Me Too” clause is well defined, so that unions understand what is and is not covered in the clause 

Tip Tuesday: Methods for Resolving an Impasse in Negotiations

If an impasse is reached in negotiations, several scenarios may be pursued. Strikes are one mechanism unions may use for dealing with an impasse, however, there are other, more productive methods for resolving impasses:

The main tools/procedures available for resolving an impasse include:

Tip Tuesday: 10 Tips for Conducting Successful Remote Negotiations

Given that it may still be months before groups of 10 or more may be meeting in person, many clients have asked us if it is productive to conduct negotiations remotely. The answer generally is yes, it can be very productive. Below are a few tips to keep in mind when conducting negotiations remotely:

Tip Tuesday: Aftermath of Coronavirus - Impacts to Relationship With Labor

Employers' relationships with unions have dramatically changed since COVID-19 hit the U.S. How will the aftermath of the virus impact your employers' relationships with labor?
  • Negotiations on new or existing contracts are likely suspended during this crisis. When restarting negotiations, the economic outlook could be very different than before the pandemic.

Tip Tuesday: Coronavirus Policy Questions to Consider

Companies are rapidly developing COVID-19 policies for their employees in real time.  Things to consider include:

Tip Tuesday: Effective Techniques to Managing Employee Performance

  • Defining roles, responsibilities and expectations
  • Completing orientation and training on rules, policies and work processes/skills
  • Setting standards and objectives - daily and over time
  • Observing performance and providing informal or formal feedback
  • Correcting behavior when necessary, usually with counseling or discipline
  • It is Critical to Bottom Line Performance:
  • Employees ARE the #1 asset, particularly in specific industries:

-Safety and rules compliance
-Customer facing
-Self-supervising many times