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To prepare for bargaining, research the employer negotiating team and the prior bargaining history of the company, the company’s ability to pay, the economic climate and the union’s ability to disrupt production. You will also want to research particular negotiating issues, including looking back at past workplace grievances and disputes and comparing conditions with other players in the industry.
Gather wage and benefit information for the workforce and company financial records and business plans. You will need this information to determine the cost of your and the employer’s proposals. Include details and costs of any community benefits that you will be bargaining for, such as improvements in environmental impacts, more schools, libraries and community spaces, and accessible housing.
Determine if the company has the ability to pay for the workers demands. If the company claims an inability to pay, in some countries they may be legally required to open their financial books to the union. For example, the Labour Code of the Philippines includes a provision on disclosure of information that requires the employer to make available to the union upon request up-to-date financial information on the economic situation of the company, which is material and necessary for meaningful negotiations.
One of the most important parts of bargaining research is understanding how to impact the employer. The “Campaigning and Organising Materials” will help you with prepare a contract campaign. This is especially important because the real decision-makers are not usually the same as the individuals that are sitting at the negotiating table.
You may want to form a research committee or have sub-committees assigned to research on specific bargaining issues and proposals (e.g., wages and other monetary benefits, working time, occupational safety and health, skills training, gender equality, inclusiveness, grievance procedures, union facilities). Involve workers and delegates who have the most familiarity with the issues in the research.
The information will need to be communicated to workers, the employer and the public. You might use written reports, slide presentations, one-page fact sheets, discussion guides or media releases that workers and allies can use to have conversations with each other and engage the public. The research reports can also be provided to the employer during bargaining.
Bargaining Research Committee
Decide what information you need to gather. Are there specific bargaining issues that need research?
Discuss whether you need a bargaining research committee and who will be involved. Review and discuss the materials on “Committees” in the section on “Core Materials” (link).
What kind of reports will you create for workers, the public and the employer – written, verbal – and how will they be communicated and distributed?
In the public sector, financial information may be public information. If you are negotiating over public benefits such as safe and accessible public transport, you may be able to access financial information about costs with a public information request to the appropriate public agency.
In Chile, there is a “transparency law”, created during the transition back to democracy. This law provides the public with detailed information about government spending, including in sensitive areas such as the military.
This law has been very useful to the Chilean unions not only when they are negotiating with an employer related to the government, but also when the employer depends on the public sector. For example, civilian air traffic controllers were being paid a lower pension then Air Force workers. The union was able to expose the discrimination and campaign for higher pensions.
Learn which information your employer is legally required to provide and request information from the employer in writing as early as possible. You may need to request information from more than one employer, an industry group, or a governmental entity.
If you are negotiating for informal workers without a direct employer, gather as much information as you can about the entities that do determine workers pay. Learn what profits are made further up the supply chain. Who hires the subcontractor or outsourcing company and are they profiting from low wages and unsafe working conditions?
Sample Request for Information
Dear employer,
In order to better consider our collective bargaining claim, we require information about the financial position of the business and its plans for the future.
Accordingly, we request that you provide us with the following information:
Please confirm within seven days that you will provide the information that we are requesting. We look forward to receiving your response.
Sincerely,
Union
If there are concerns about confidentiality, you can add something like, “We understand that some of this material may be genuinely confidential. If that is the case, we shall undertake to keep such material strictly confidential between ourselves.”
Learn about the employer’s negotiating team
Learn about any prior bargaining history with your union and other unions.
Gather financial information about the company or entity you are bargaining with.
Decide whether you want to formally request financial information from the employer in writing and, if so, draft a request.
Research the company’s current finances, profits and future business plans.
Determine if the company or entity has an ability to pay.
Decide how you will communicate this information to workers, the employer and the public.
Review the current economic climate. Look at area wage statistics, productivity levels in the sector, the cost of living, the unemployment rate in the sector involved, and the general economy.
Research the wages and conditions of comparable jobs within your industry, area or company.
Look for industry standards, and other company or union contracts and policies, including recently concluded collective agreements.
Is there wage or benefit discrimination in the company or industry based on gender, nationality, race, sexual orientation or age?
Research how workers contribute to the employer, the entire community and how improving their wages and conditions will improve the company and the local economy.
Discuss whether you can use your structural power: Is industrial action or striking possible? If so, decide what research would be useful to help workers prepare for industrial action. If not, identify one or two strong collective actions that could economically impact the employer and decide what research might help workers prepare to act.
Are there other workers or allies in other industries or countries that have the ability to disrupt production and/or services? If so, make a plan to find out more about them.
What would the impact of any disruptions be on customers, clients, shareholders, competitors, logistics, transport or production networks? Can you impact other industries, such as tourism or construction?
Plan how you can gather contact details of key entities that could be impacted by industrial action. Compile lists of mail, email, phone and social media contacts that will help you disseminate timely information about potential disruptions and delays to customers or other key entities quickly and easily when needed.
Research any events or specific dates that are important to the employer(s). Look for industry events and awards, shareholder meetings, governmental hearings or inspections, and initial public offering of company’s shares if the company is listed in the stock market. Prepare a calendar of possible events.
