Making Friends of Foes: Bringing Labor and Management Together through Integrative Bargaining

Authors

Carly Duvall

Abstract

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."

Recommended Citation

Carly Duvall, Making Friends of Foes: Bringing Labor and Management Together through Integrative Bargaining, 2009 J. Disp. Resol. (2009)
Available at: https://scholarship.law.missouri.edu/jdr/vol2009/iss1/8