Collective Agreement
I. Introduction
This article is based on a labor-management collective agreement that was simulated during ADR Cyberweek 2002. It has been updated to include features of Smartsettle that were not available at that time. A real case of this type would most likely include face-to-face meetings; only the online activities were simulated. Parties agreed that strike by union, or lockout by management were not acceptable options.
Playing the parties were as follows:
Labor: Students at Rosemont College in Pennsylvania, coached by Professor Robert F. Mulvihill.
Labor Facilitator: Alan Wiener, Mediator and Dispute Resolution Consultant
Management: Students at the University of Ottawa coached by Professor Ellen Zweibel.
Management Facilitator: Joseph P. McMahon Jr, LLC
Lead Facilitator: Dr. Ernest M. Thiessen (working with all parties and overseeing the simulation)
Arbitrator: Keith A. Schulner, MBA, MDR, Esq.. If parties had not reached agreement by the final deadline, the arbitrator would choose the fairest solution from the last offers made by the parties.
Most of the role players in this simulation had no formal affiliation with Smartsettle. Their participation does not necessarily imply endorsement of this technology or method of negotiation.
Labor-Management Case Background
The information used to start this simulation came from a labor-management case for teachers in British Columbia. No pre-set confidential information was assigned to either party. Three issues were given to be negotiated:
· Class sizes
· Employee Benefits
· Health and Safety
Process Followed:
· Create a Single Negotiating Framework
· Initial Preference Information
· Exchange Initial Proposals and Concessions
· Generate Suggestions
· Reach Baseline Agreement
· Generate Improvements
· Finalize Agreement