HR Badge #01: Bargaining: Basics, Rules and Unfair Labor Practice-HR Badge #1

Video Transcription

Video Summary

Attorney Jason McKay explains public-sector collective bargaining as a “game,” outlining its purpose, players, rules, referee, and practical strategies. The goal is reaching and ratifying a collective bargaining agreement that sets employees’ terms and conditions of employment—not “winning” against the other side.

He describes typical management bargaining teams (superintendent/administrators, HR, finance, relevant department directors, sometimes an attorney/professional bargainer) and the union side (local officers plus WEA Uniserve directors or PSE field reps). Final authority rests with the school board and union membership, who approve agreements.

Key rules include distinguishing <strong>mandatory subjects</strong> (wages, hours, and predominant working conditions like leave, discipline, seniority, layoffs, grievance procedures) from <strong>permissive subjects</strong> (e.g., budget decisions, educational program, job descriptions). Parties must bargain <strong>in good faith</strong> over mandatory subjects. Bad-faith examples include unreasonable delays/cancellations, imposing conditions, refusing relevant information, surface bargaining, take-it-or-leave-it tactics, regressive proposals, direct dealing with employees, and withdrawing tentative agreements.

He defines <strong>impasse</strong> as a temporary deadlock; bargaining must resume when either side shows willingness. Implementation rules differ for certificated vs. classified staff. The “referee” is Washington’s PERC, which adjudicates unfair labor practices.

Best practices: build trust, prepare proactively, learn union interests, communicate carefully (truthfully, no threats/promises), coordinate with neighboring districts, keep detailed notes and proposal tracking, use package proposals/supposals strategically, and avoid emotional bargaining.

Keywords

public-sector collective bargaining

school district labor negotiations

mandatory subjects of bargaining

permissive subjects of bargaining

good faith bargaining

impasse in negotiations

Washington PERC

unfair labor practices