Table Of ContentW I N N I N G A T
C O L L E C T I V E
B A R G A I N I N G
Strategies Everyone Can Live With
William L. Sharp
A SCARECROWEDUCATION BOOK
The Scarecrow Press, Inc.
Lanham, Maryland, and Oxford
2003
A SCARECROWEDUCABTOIOKN
Published in the United States of America
by Scarecrow Press, Inc.
A Member of the Rowman & Littlefield Publishing Group
4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706
www.scarecroweducation.com
PO Box 317
Oxford
OX2 9RU. UK
Copynght 0 2003 by William L. Sharp
All rights resewed. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any
means, electronic, mechanical, photocopying, recording, or otherwise,
without the prior permission of the publisher.
British Library Cataloguing in Publication Information Available
Library of Congress Cataloging-in-Publication Data
Sharp, William L.
Winning at collective bargaining : strategies everyone can live with /
William L. Sharp.
p. cm.
“A ScarecrowEducation book.”
Includes bibliographical references (p. ) and index.
ISBN 0-8108-4733-7 (pbk. : alk. paper)
1. Collective bargaining-Education-United States. 2. Collective bargaining-
Teachers-United States. 3. School personnel management-United States. I.
Title.
LB2844.57.U6S552 003
33 1.89’0413711 ’009734c21
2002156161
eTThMe pape r used in this publication meets the minimum requirements of
American National Standard for Information Sciences-Permanence of Paper
for Printed Library Materials, ANSJYNISO 239.48-1992.
Manufactured in the United States of America.
To my father, William B. Sharp, an educator and
administrator for forty-three years, who fortunately
retired before the collective bargaining law was
passed and put into effect.
This Page Intentionally Left Blank
CONTENTS
Preface vii
Acknowledgments ix
I Historical Perspective on Collective Bargaining i
2 State Bargaining Laws 13
3 Unfair Labor Practices 27
4 Roles in Negotiations 41
5 Negotiations: Process and Strategies 57
6 General Procedures for Negotiations 73
7 Nonverbal Communication a3
Vicki Braden Sharp
8 Win-Win Bargaining and Other Approaches to Bargaining 97
Clete R. Bulach and Karen M. Moriorty
9 Strikes 119
10 Contract Management 133
I I Negotiations Simulation 145
V
v i C O N T E N T S
Appendix: The Fate of Public Education i59
Clete R. Bulach and William L. Sharp
Glossary i63
Suggested Readings I 67
Index 169
About the Contributors 171
About the Author 173
PREFACE
This book is about collective bargaining and strategies that can be used
successfully in the process. It is written for two groups: (1)p ractitioners
who actively negotiate or those who may be involved in negotiations in
the future and (2) graduate students enrolled in courses in collective
bargaining or personnel in educational administration.
Those who are practitioners-board of education members, superin-
tendents, negotiators, school attorneys, and other school administrators-
may be interested primarily in chapters 4 through 10, which deal with
roles in negotiations, the process and strategy of negotiations, procedures
for negotiations, nonverbal communication, win-win negotiations, school
strikes, and contract management. These chapters discuss practical and
specific suggestions for successful negotiations.
Professors teaching graduate courses involving collective bargaining
will probably want to add chapters 1 through 3 and chapter 11 to those
chapters mentioned previously. Chapter 1 discusses the history of col-
lective bargaining in both the private and public sectors, and looks at
the similarities and differences between those sectors. Chapter 2 gives
one example of a state collective bargaining law and defines several of
the concepts involved in collective bargaining law. Chapter 3 discusses
unfair labor practices and describes the typical state laws and proce-
v i i
v i i i P R E F A C E
dures regarding these practices. Chapter 11, the last chapter in the
book, is unique in that it is a simulation suitable for a typical classroom
situation. It includes a description of a school district and community,
some relevant facts about the present teacher contract, a list of items to
be negotiated, and instructions for the professor. This is a good culmi-
nating activity for a course in collective bargaining.
This book is a revision of a volume published by a dfferent publisher
and under a different title. The book has been updated with descrip-
tions of recent unfair labor practices, the addition of new references, the
inclusion of recent research on collective bargaining, and a new chapter
on nonverbal communication.
My background is in school administration: I served as a superin-
tendent of schools in Indiana and Illinois, an associate professor of edu-
cational administration at the University of Akron, and a professor of ed-
ucational administration at Southern Illinois University at Carbondale
and am currently professor of educational leadership at Ball State Uni-
versity in Muncie, Indiana. Thus, the book has been written from the
viewpoint of management negotiating for a board of education. While
this is an admitted bias on my part, it should be recognized that most of
the graduate students using this book will be in an educational adminis-
tration course, and that most of the practitioners using the book will be
administrators or board members. So, the bias seems appropriate.
With the exception of chapter 7 and the two essays in chapter 8, the
views expressed in this book are mine.
ACKNOWLEDGMENTS
I would like to acknowledge those reviewers who contributed to the de-
velopment of the first edition of this book (published under a different
title and by a different publisher): David R. Friedman, University of
Wisconsin, Madison; Thomas E. Glass, Northern Illinois University;
William C. Heeney, Stephen F. Austin State University; John R. Hoff-
man, Southern University, Shreveport; James A. Livingston, California
State University, Sacramento; Ivan D. Wagner, Ball State University;
and Phillip Young, Ohio State University. Also, Paul L. Tavenner, senior
editor at Brown and Benchmark, the publisher of the first edition, was
very helpful throughout the entire project.
I would also like to thank Cindy Tursman of ScarecrowEducation for
her encouragement and helpful suggestions for this edition.
i x
