HR Badge #02: Bargaining: Communication Strategies-HR Badge #2

Video Transcription

Video Summary

Attorney Jason McKay (Stevens Clay Law Firm) explains how school districts can use communication as a bargaining tool—first legally/ethically, then persuasively. He emphasizes districts may communicate with all stakeholders, including union members, but must follow Public Employment Relations Commission (PERC) rules.<br /><br />Legally acceptable communications must be truthful and not materially misleading, may neutrally describe negotiation status, and may share proposals only after they’ve been presented to the union. Districts can post proposals online and should usually copy the union (ideally giving the union a chance to flag inaccuracies before release). Districts may imply, through factual statements (e.g., dates offered to meet), that delays are caused by the union, but cannot directly accuse the union.<br /><br />Unlawful/unsafe communications include threats or coercion, bribing with new benefits, “direct dealing” (attempting to bargain directly with employees), disparaging or undermining the union, or sharing new proposals with employees before the union sees them. Case examples show PERC generally allows factual updates and even selective (not “complete”) descriptions of package proposals, but finds violations when employers promise new benefits outside bargaining (direct dealing).<br /><br />For effectiveness, McKay urges districts to compete with unions’ sophisticated PR by using clear, concise, visually engaging messages (not long emails), appropriate verbal/nonverbal tactics, and persuasion principles (Cialdini: reciprocity, consistency, social proof, liking, authority, scarcity). He recommends repeated, branded messaging built on “pillars” such as safety, stability, and respect, using data/comparisons as authority, and starting communications early (templates, webpages, board-meeting updates).

Keywords

school district collective bargaining

PERC rules compliance

labor negotiations communication

public sector labor law

union direct dealing prohibition

truthful non-misleading updates

posting bargaining proposals online

stakeholder messaging strategy

Cialdini persuasion principles

education union PR tactics