The PERColator Podcast

A discussion of key insights, tips, and best practices in managing complex labor negotiations. 

A detailed review of the doctrines of impasse and implementation at the intersection of the duty to bargain in good faith and seemingly endless negotiations. 

Cases referenced in the episode:

• Vancouver School District, Decision 11791-A (PECB, 2013) - Washington State Public Employment Relations Commission 
• Yakima Valley Community College, Decision 11326-A (PECB, 2013) - Washington State Public Employment Relations Commission 

Chris and Loyd discuss the duty to provide information in the collective bargaining environment focusing on both the legal and practical aspects of the obligation. 

References:

Island County, Decision 11946-A (PECB, 2014) - Washington State Public Employment Relations Commission

City of Redmond, Decision 8879-A (PECB, 2006) - Washington State Public Employment Relations Commission

Seattle School District, Decision 5542-C (PECB, 1997) - Washington State Public Employment Relations Commission

Snohomish PUD, Decision 7656-A (PECB, 2003) - Washington State Public Employment Relations Commission

A detailed review of how the duty to bargain in good faith impacts the negotiation process.

References:
RCW 41.56.010: Declaration of purpose
RCW 41.56.030: Definitions
King County, Decision 12451-A (PECB, 2016)

A review of how to conduct a risk assessment in your grievance or ULP settlement negotiations. 

Chris and Loyd discuss managing emotions in collective bargaining and share insights from Ethan Kross' Shift: Managing Your Emotions- So They Don't Manage You. 

References:

Ethan Kross' Shift: Managing Your Emotions- So They Don't Manage You 

Get to know Otto Klein, a partner and founder of Summit Law Group, and a giant in public sector labor relations.  Guest co-host Jamie Siegel, a mediator and hearing examiner at PERC, also joins Matt and Otto as they discuss valuable insights, tips, and stories.  

No might be the scariest word in negotiations where the goal is to reach an agreement where both sides can say yes. But could there be an upside to the use of No in bargaining? Join Chris and Matt as they talk about ways that a nuanced use of No can be a helpful tool in the negotiations process. 

References:

• Never Split the Difference, Chris Voss
• Start With No, Jim Camp
• Three Kinds of No, James Sebenius

The virtues of active listening have long been touted for its benefit in relationship building and understanding. But modern research has examined how active listening can lead to depolarization and stronger working environments, which we explore on this episode.

References:

• Listening to Understand: The Role of High-Quality Listening on Speakers’ Attitude Depolarization During Disagreements (various authors).
• Communicating for Workplace Connection: A Longitudinal Study of the Outcomes of Listening Training on Teachers’ Autonomy, Psychological Safety, and Relational Climate (various authors)

Learn how interest arbitrators decided on issues as wages in times of high CPIs, recruitment and retention in tight labor markets, drug testing in light of legalized cannabis, and scheduling challenges. What trends that might impact today's bargaining, particularly for those with interest arbitration available to them when they reach impasse.

References:

Interest Arbitration Report, American Bar Association Section of Labor & Employment Law, State and Local Government Bargaining and Employment Law Committee.