Negotiating a Collective Bargaining Agreement – A Case Study in Management Engagement Donna O’Dowd Deputy Director, Division of Workforce Compliance Office of Human Capital Centers for Medicare & Medicaid Services
Objectives • How to engage your managers when negotiating a Master Labor Agreement/Collective Bargaining Agreement • Gathering data • Applying data and manager input into proposals • Collaboration during negotiations • What happens once negotiations are complete Negotiating a Collective Bargaining Agreement – 3/30/2018 2 A Case Study in Management Engagement
Management Negotiating Team • CMS completed negotiation of its current Master Labor Agreement (MLA) in June 2017, with a July 7, 2017, effective date • Started preparation for negotiations in June 2016, with selection of Chief Negotiator and Management Negotiating Team (MNT) • Since 2010, CMS has selected a senior–level manager as its Chief Negotiator • MNT includes a labor relations expert, but remaining members are managers, including a Regional Office representative Negotiating a Collective Bargaining Agreement – 3/30/2018 3 A Case Study in Management Engagement
Initial Steps • Notified managers of upcoming negotiations and selection of MNT, with emphasis on collaboration and inclusion • Assigned ER/LR Specialist to each Article for review and input • Sent Articles to business owners/subject matter experts and met with them prior to and throughout negotiations for suggested changes • Set up an email resource mailbox to receive input from managers • Established shared drive for MNT to store all documents • Held individual meetings with senior leaders of each CMS component, including Regional Office leadership Negotiating a Collective Bargaining Agreement – 3/30/2018 4 A Case Study in Management Engagement
Collaboration • Established a Management Advisory Group (MAG) with representatives from each component – approximately 25 members • Met prior to negotiations to seek input on proposals • Met monthly to provide status of negotiations and solicit input • Instrumental in obtaining feedback from managers when needed quickly • Attended monthly meetings with managers and other stakeholders • Set up bi-weekly meetings with CMS’ Deputy Chief Operating Officer, Collective Bargaining Official, and Labor Relations Officer • Scope of bargaining • Reviewed strategy and proposals • Discussed Union wants Negotiating a Collective Bargaining Agreement – 3/30/2018 5 A Case Study in Management Engagement
Data Collection • All Manager Survey • Developed questions on managers’ major interests • Official Time for Union Representatives • Reviewed number of overall and per representative hours over 3 year period • Telework • Number of employees on episodic, scheduled, medical, and fulltime telework • Grievances and Arbitration Decisions • Topic and number of grievances, and arbitration decisions • Performance Ratings & Performance Improvement Plans (PIPs) • PMAPs by component and rating, and number of PIPs • Flexible Schedules • Number of employees on 8, 9, and 10-hour schedules Negotiating a Collective Bargaining Agreement – 3/30/2018 6 A Case Study in Management Engagement
Data Collection • Overtime and Credit Hours • Number of overtime and credit hours over 3 year period • EEO and Harassment Complaints • Number of complaints and types of claims • Administrative Leave • Number of hours given, including during inclement weather • Space Costs – Cube Sharing • Number of vacant cubicles, projected hiring numbers, costs, etc. • Employee Viewpoint Survey • Areas of satisfaction and dissatisfaction Negotiating a Collective Bargaining Agreement – 3/30/2018 7 A Case Study in Management Engagement
Meeting with Managers Prior to Negotiations • Face-to-face meetings with each component • Meetings were very well attended • Had pre-arranged questions on topics of interest to managers • Telework programs (episodic, scheduled, and fulltime) • Tours of duty and core days • Credit hours • Use of technology • Broke into small groups to discuss questions • Each group reported on areas of consensus and disagreement • Tracked responses and any additional input provided Negotiating a Collective Bargaining Agreement – 3/30/2018 8 A Case Study in Management Engagement
All Manager Survey • Used Wufoo • 32 questions – Mostly “Yes”/”No” with comments allowed for each • Some questions had numerical answers, e.g., telework, core days, performance ratings • Questions broken into 5 areas: • Hours of Work • Core Days • Performance Ratings • Flexiplace and Fulltime Telework • Use of Technology Negotiating a Collective Bargaining Agreement – 3/30/2018 9 A Case Study in Management Engagement
All Manager Survey • Approximately 25% managers responded • Majority (60%) were first-line managers • Even though majority of questions were “yes/no,” almost 90 pages of comments from managers • Used data to develop management’s proposals and make recommendations to senior leaders • Senior leadership used data to make decisions on scope of bargaining Negotiating a Collective Bargaining Agreement – 3/30/2018 10 A Case Study in Management Engagement
Interpreting Data • WuFoo provided percentage of managers for/against each topic • Helpful in making recommendations to senior leaders and determining scope of bargaining • Grouped comments by category and Article • Majority of issues were evenly divided, e.g., more/less telework, keep/do away with core days, earning credit hours on weekends • Were some anomalies • Use of technology • Earning credit hours at home • Allowing for employee hardships Negotiating a Collective Bargaining Agreement – 3/30/2018 11 A Case Study in Management Engagement
Collaboration During Negotiations • Consulted with Management Advisory Group • Attended monthly All Manager Meetings to provide updates and seek input • Met with Deputy Chief Operating Officer, Collective Bargaining Official, and Labor Relations Officer on bi-weekly basis • Input received from Executive Officers/Business Operations Staff and through email resource box • Consulted with Subject Matter Experts • Travel Office • HR Office (staffing and classification) • Health & Safety Officer • EEO Office • Office of Information Technology Negotiating a Collective Bargaining Agreement – 3/30/2018 12 A Case Study in Management Engagement
After Negotiations • Developed roll-out plan • During Agency-Head Review, worked with contractor to prepare crosswalk of changes and training for managers • On effective date of MLA, sent detailed email to managers with changes • Chief and Union sent joint email to employees with overview of major changes • Met with subject matter experts to review changes to each Article • Trained ER/LR staff on changes Negotiating a Collective Bargaining Agreement – 3/30/2018 13 A Case Study in Management Engagement
Manager Training • Conducted 15 manager training sessions • Traveled to 10 Regional Offices for in-person training • Tracked attendance through Learning Management System • Used all available technologies, including video conferencing, WebEx, and Lync • Recommend videotaping training session for those who can’t attend Negotiating a Collective Bargaining Agreement – 3/30/2018 14 A Case Study in Management Engagement
After Negotiations • ER/LR staff updated documents on Intranet and managers’ pages • Put together FAQs by Article • Updated Standard Operating Procedure for Term Negotiations • A - Z of negotiating a term agreement, including sample documents • Budget considerations that must take place years prior to negotiations • Selecting a Chief Negotiator and MNT • Sample Statement of Work for contractual services • Space and equipment needs, including IT equipment • Outreach and information gathering • Proposal development and negotiations • Roll-out of new MLA Negotiating a Collective Bargaining Agreement – 3/30/2018 15 A Case Study in Management Engagement
Key Takeaways • Collaboration and engagement with your managers = best opportunity for success • Ensure your MLA meets the needs of your Agency and its managers • Managers should be valued, heard, and seen as partners in the process • Managers play a key role in administering your MLA • Essential to receive manager buy-in • MLA roll-out and manager training is as important as the actual negotiations • Managers must know how to interpret and implement changes Negotiating a Collective Bargaining Agreement – 3/30/2018 16 A Case Study in Management Engagement
Resources • For additional information please visit: • HR Clinic Website Negotiating a Collective Bargaining Agreement – 3/30/2018 17 A Case Study in Management Engagement
• Donna O’Dowd Contact Information • Centers for Medicare & Medicaid Services • donna.odowd@cms.hhs.gov • 410-786-3173 Negotiating a Collective Bargaining Agreement – 3/30/2018 18 A Case Study in Management Engagement
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