Bargaining the Standards Set by

Bargaining The standards set by a union and decisions made by it are in representative format, in other words just like a representative democracy. In the Middletown teachers' strike situation, which occurred following a short moratorium on contract negotiations to resolve community conflicts created by the 9/11 attacks are just such an example.

Violating union decisions by returning to work is just as serious as being put in jail for contempt of court, for failing to follow judges orders to return to work yet it can create a more long-term problem for the individual who could be dismissed from the union for returning to work. Labor representation creates this sort of fundamental conflict for individuals. The teachers adopted a standard negotiation tactic, where union representatives met with School Board members to negotiate the contract.

Up to the point where Judge, Fisher and Union attorney Oxfeld agreed that the judge should appoint a special mediator to help bridge the gap between the union and the school board. (Hanley, December, 4, 2001, p.

D1) the value of this negotiation process is often called into question as it rarely if ever constitutes reasonable amiable developments where every member represented by the school board (including the public) and every member represented by the union (the teachers and secretaries) feels as if they either had a say or were represented in their best interest. The judge suggested that he could and would support and order 24-hour negotiations between the board and the union if teachers would agree to return to work, yet they refused.

(Hanley, December, 5, 2001, p. D5) This is not an illogical situation given that the teachers, as members of a representative body, even with the union attorney present cannot make decisions for the Union as a whole without consulting a large portion of its members and its leadership.

This is the same failing that occurs during representative negotiations, as to few members (if any) are present and this negates the individual's ability to develop an understanding of the what the whole of the union would wish for in any given settlement, though it is difficult to imagine a negotiation that is representative of all members strides should be taken by the smaller, rather than the larger body to present options through direct communications to members, rather than solely to union representatives.

If the prospects of the settlement make sense to members they might be more likely to accepts terms when they are delivered by union representatives. The mediation option has a tendency to help mitigate the difficult situation of small representative bodies acting in accord with the whole of the body.

Mediation, as was offered by Fisher on December 5th and actually agreed to by union representatives on Dec 7th, demonstrates an alternative to direct negotiations and ideally the mediator can mitigate emotion and resistance that is likely being felt by all parties of a direct negotiation. (Hanley, December, 5, 2001, p. D5) (Hanley, December, 8, 2001, p. D 1) Mediation is in fact not a last resort, even though it often seems so in public representations of these sorts of conflicts, it is actually a rather effective and logical step in a chain of reconciliation.

One long time teacher mentioned to the reporter covering the strike that in all the time she had been a teacher there had never been a peaceful resolution to contract negotiations. (Hanley, December 6, 2001, p. D1) Understanding the full scope of the problem is unlikely as few people understand what it is like to go to work in limbo, as teachers frequently do. They frequently go to work not knowing if and what or sometimes even when they will receive a paycheck.

Many mistakes were made on both sides of this bargaining table. The first of which was timing.

The bargaining timing of this event is suspect as both sides seem to be using the volatility of the community, in the wake of serious 9/11 backlash to aide them in their struggle for a resolution that best represents their needs, the School board in the sense that they were likely fully aware that any small complaint on the part of the teacher and the union would likely be belittled by a public that had just dealt with super human tragedy.

The teachers on the other hand seeking demonstrative examples of how to have a better and safe life (the biggest issue being access to health care) felt that the community would support them as the complaints of the school board were petty, according to their side. For both sides the choice.