Insights and Conclusions
PERSONAL ACCOUNT OF THE NEGOTIATING PROCESS 1
Personal Account of the Negotiating Process
Trystia Savor
Southern New Hampshire University
Personal Account of the Negotiating Process
FINAL AGREEMENT
SECTION 25.05: PROTECTIVE CLOTHING, EQUIPMENT, TOOLS 3/26/17 8pm
The purpose of the Personal Protective Equipment Policy is to protect employees from exposure to work place hazards and the risk of injury through the use of personal protective equipment (PPE). The Employer agrees to provide to employees required tools and safety or protective equipment, reasonably fitted safety clothing, necessary to provide protection of employees from hazardous conditions.
Such equipment will be provided as authorized by applicable Occupational Safety and Health Administration (OSHA) standards. Personal protective equipment will be provided, used, and maintained when it has been determined that its use is required to ensure the safety and health of our employees and that such use will lessen the likelihood of occupational injury and/or illness.
Employer further agrees to cover acceptable, reasonably-fitted protective clothing, gear, and devices — including insulated coats, pants, gloves, and necessary nonprescription safety eye wear for all employees during the winter months, as well as thinner protective coat, work pants, any necessary nonprescription safety eye wear, and protective gloves for all employees during warmer months — necessary for providing protection of employee from hazardous conditions including inclement weather encountered during performance of duties. Details are noted below:
The Union agrees to assist the Employer in aggressively publicizing the benefits of the use of protective devices and equipment by employees, and their adhering to good safety practices, policies, and procedures. In the event of a disagreement between the employee and the employee’s supervisor, the Business Manager/Director of Business Services will make a determination of the necessity of the gear.
1.0 Foot Wear Protection:
Protective footwear entitlement will be determined based on your job responsibilities as per your job description.
If said job description indicates that both summer and winter footwear are required, both types of footwear will be provided at a cost not to exceed $280 per calendar year.
In order to ensure work boots meet safety standards, the boots must be purchased at an authorized dealer the company provides to you. If Employee chooses to purchase boots above the $280 allowance he/she will be responsible for the additional cost.
Employee will be expected to properly maintain footwear in order to ensure the longevity of the items. The Employer will replace damaged footwear when damage is determined to be outside of normal wear and tear. Any gear which is replaced must be turned into the Employer before new items may be issued.
1.1 Cold and Warm Weather Gear:
The company shall allocate $500 to each eligible employee for the purchase of appropriate protective cold weather gear and gear for warmer Spring/Summer months. Said equipment will include: 2 pairs of protective gloves, overalls, jacket and thigh high rain boots for Spring/Summer season, thermal snow pants and heavy duty winter jacket for the winter season. .
Items will be provided to employees required to work outside for greater than 50% of the time as based on their job profile.
Company issued Cold Weather Gear items will be laundered by the Employer. Therefore, these items will remain at the workplace at the end of each shift.
Standard, OSHA approved safety goggles will be issued by the Employer. If Employee requires special accommodations for said equipment (ie; prescription lenses), the Employer will reimburse up to $120 for one pair of safety goggles every two years. Employee will be responsible for replacing goggles as needed.
Employer will provide appropriate changing areas and storage areas for Employee use.
It is expected that Employees will take care of issued equipment. Clothing will be replaced if damaged during work assignments. Outside of these circumstances, Employer agrees to replace clothing equipment every 3 years.
Note: Defective equipment can be worse than no personal protective equipment (PPE) at all. In accordance with our safety policy, all Employees along with safety inspectors are required to check equipment on a regular basis and report any deficiencies.
Summary of Key Challenges
The negotiation process involved the organizational management and the representatives of the employees in The Union. The main agenda of the negotiation, which was also the course for the dispute, was seeking for the solution that could eliminate the workplace hazards among the employees. Before the negotiation process, The Union was disillusioned by the failure of the management to implement the Personal Protective Equipment Policy, the factor that increased the accidents amongst the workers. Among the key points of friction included the demand by the employees to receive the personal protective equipment (PPE) that meets the OSHA standards. The need for the acceptable and reasonably fitted protective devices during summer and winter seasons was also a point of dispute since it seemed to increase the expenditure of the company. Another crucial point of discussion included the consistency of using the protective equipment by the employees as demanded by the management.
Analysis of the Strength of Each Part
The two negotiating parties were resilient, thus facilitating towards smooth negotiation. However, the Union representatives were stronger than those in the administration side. Indeed, most of the issues discussed during the collective bargain arose from the Union. More often, they could table the challenges of the workers alongside the factual information, thereby living the administration with no option other than to comply. For instance, the officials representing the union indicated how employees succumbed to injuries due to the inadequacy of the protective equipment, the factor that led to massive employee turnover. The management, on the other hand, seemed to oppose some issues but they conceded due to lack of solid points to support their arguments.
Review of Two Bargaining Methods
The two most frequently used bargaining methods include the integrative (Interest- Based) and the Distributive. Integrative is a negotiation approach in which the disputing sides join forces to generate a mutually favorable accord, more often based on the disputants. The application of integrative negotiation approach involves the joint consideration and analysis of he needs, concerns, desires and fears in both sides likely to cause a conflict and the development of a solution that covers all interests (Spangler, 2003). Distribution process, on the other hand arises when parties favor their side in the event of the negotiation by applying the tactics that convinces one side to compromise. More often, the distributive negotiation results in one side winning.
In this situation, it is apparent that the integration (Interest based) negotiation approach could work well because the raised issues impact both the company and the workforce. The company understands that the provision of the right PPE to their employees, which conforms with the OSHA standards is a prerequisite, and on the other side, the employees consider safety as the priority while at work. As such, discussing such matters cannot bring any conflict but will result in a win-win situation as evidenced by the personal account of this negotiation.
In this discussion the mediator was necessary, Indeed, the role of the mediator is to direct the negotiating parts towards arriving at a solution that favors their interests. During the negotiation process, the mediator helps the disputants to identify with and focus on the imperative concerns required for the attainment of the amicable solution. The presence of the mediator in this solution could catalyze the negotiation and overcome challenges.
Conclusion
In this negotiation, the outcome was indeed appealing and favored both sides. It is evident that the negotiating parties came to a basic agreement on the issues that could rather cause conflict. Again, one can note that the employees made their demands in good faith, and the requirements served the interest of the company. The positive response by the organization towards meeting the interest of the employees was an indication of satisfaction.
References By:
Spangler, B. (2003 June). Integrative or Interest-Based Bargaining. Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Retrieved from http://www.beyondintractability.org/essay/interest-based-bargaining
