Collective bargaining's unique history and structure make it an ideal setting for integrative bargaining ("LB").1 First, most collective bargaining agreements have a set expiration date, which causes the parties to constantly return to the bargaining table to negotiate new terms. Second, collective bargaining in the labor-management setting has a long history in the United States, and unions and management tend to form long-lasting relationships. Finally, collective bargaining agreements address complex interests and are designed to meet the needs of a variety of constituents. These factors combine to produce a relationship involving several individuals, going back multiple generations, who are sure to negotiate with each other in the future. This differs from a distant negotiating relationship, such as the sale of a car, where the parties' interactions are not likely to be ongoing. "Overall, collective bargaining negotiations are often situated amid a long acrimonious history between labor and management, and involve multiple constituents who represent a wide range of interests."
Making Friends of Foes: Bringing Labor and Management Together through Integrative Bargaining,
2009 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2009/iss1/8