Jay Sharun, CHRP

History may not put this secret alongside the contents of the Zapruder film or how they put caramel inside the Caramilk bar, but labour relations experts know that preparation is a key part of any successful negotiation.

Using fancy language, writing complex proposals or looking for nervous ticks across the table won’t get you far unless you have the right mandate. In fact, it is often the case that the toughest part of any negotiations is receiving the appropriate mandate.

In my previous life as an in-house HR practitioner, the thought of negotiating the mandate with the CEO or General Manager or Board of Directors or City Council would be puzzling. It was clear to me that the direction simply came from the top and the bargaining committee had the job of finding a deal that met or beat the mandate.

But think about the severe implications of not weighing in on the right terms of a deal with senior management. Consider, for example, that you have been given a mandate of 1% per year for 5 years in an industry where all other settlements were 3-year deals at 3% per year. You did not raise any issues at the time you received the mandate – perhaps due to pressure or perhaps due to inexperience. And, more importantly, you have not been given a compelling business reason to explain the departure from the industry deals. The ship is not sinking. In fact, your organization had its best year ever.

As an HR professional, excited to be negotiating a collective agreement, you have just made a career-limiting move and have set yourself up to fail. And this has nothing to do with the trade union. The story from here will be predictable and does not have a good ending.

The trade union, not surprisingly, will resist moves away from the industry norms and cannot be seen as giving you a sweetheart deal unless there is a reason that can be explained to their members and to senior representatives within the trade union.

Your case to the union will fall on deaf ears, and your 1% mandate, if achievable at all, can only be achieved through a lengthy labour dispute. Did your mandate include the ability to take a 6-month strike? And if your organization does not have the stomach for a prolonged strike or lockout, you will be forced to explain to senior management why you were unable to achieve the mandate. You will need to explain why the organization has likely been forced into taking a deal they did not endorse. Can you guess who will be the casualty?

All of this can be avoided by getting the right mandate. Whether you are leading negotiations or liaising with a professional negotiator you need to fight for the right mandate. Decision makers need the right facts and the right context to make informed decisions. Help them make the right one and you won’t have to take the long walk of shame back asking for more money to get a deal.

About the Author:

Jay Sharun, CHRP, is a seasoned negotiator with Western Industrial Relations, the premier labour relations consulting firm in Western Canada. He has negotiated over 100 collective agreements in most industries and with most trade unions and has trained many employer bargaining teams. He previously worked in labour relations with Mission Hill Family Estate Winery and Pacific Blue Cross and uses an innovative but practical approach to collective bargaining. www.westernindistrualrelations.ca.