The PERColator Podcast

A discussion of key insights, tips, and best practices in managing complex labor negotiations. 

A detailed review of the doctrines of impasse and implementation at the intersection of the duty to bargain in good faith and seemingly endless negotiations.  Cases referenced in the episode: Vancouver School District, Decision 11791-A (PECB, 2013) - Washington State Public Employment Relations Commission   Yakima Valley Community College, Decision 11326-A (PECB, 2013) - Washington State Public Em...

Chris and Loyd discuss the duty to provide information in the collective bargaining environment focusing on both the legal and practical aspects of the obligation.  References: Island County, Decision 11946-A (PECB, 2014) - Washington State Public Employment Relations Commission City of Redmond, Decision 8879-A (PECB, 2006) - Washington State Public Employment Relations Commission Seattle School D...

A detailed review of how the duty to bargain in good faith impacts the negotiation process. References: RCW 41.56.010: Declaration of purpose RCW 41.56.030: Definitions King County, Decision 12451-A (PECB, 2016)

A review of how to conduct a risk assessment in your grievance or ULP settlement negotiations. 

Chris and Loyd discuss managing emotions in collective bargaining and share insights from Ethan Kross' Shift: Managing Your Emotions- So They Don't Manage You.  References: Ethan Kross' Shift: Managing Your Emotions- So They Don't Manage You  

Get to know Otto Klein, a partner and founder of Summit Law Group, and a giant in public sector labor relations.  Guest co-host Jamie Siegel, a mediator and hearing examiner at PERC, also joins Matt and Otto as they discuss valuable insights, tips, and stories.  

No might be the scariest word in negotiations where the goal is to reach an agreement where both sides can say yes. But could there be an upside to the use of No in bargaining? Join Chris and Matt as they talk about ways that a nuanced use of No can be a helpful tool in the negotiations process.  References: Never Split the Difference, Chris Voss Start With No, Jim Camp Three Kinds of No, James Se...

The virtues of active listening have long been touted for its benefit in relationship building and understanding. But modern research has examined how active listening can lead to depolarization and stronger working environments, which we explore on this episode. References: Listening to Understand : The Role of High-Quality Listening on Speakers’ Attitude Depolarization During Disagreements (vari...

Learn how interest arbitrators decided on issues as wages in times of high CPIs, recruitment and retention in tight labor markets, drug testing in light of legalized cannabis, and scheduling challenges. What trends that might impact today's bargaining, particularly for those with interest arbitration available to them when they reach impasse. References: Interest Arbitration Report, American...

Loyd interviews former PERC Executive Director Cathy Callahan   References: North Thurston Educational Foundation In a Landscape  

Emily Whitney and Dario de la Rosa from PERC and Nicole Thibodeau from the Alaska Labor Relations Agency join us for a discussion of representation processes at PERC and ALRA and why they are important to labor negotiators.  References: Washington State PERC Alaska Labor Relations Association

Chris and Loyd discuss the life and work of Daniel Kahneman who recently passed away.   References: Daniel Kahneman, Who Plumbed the Psychology of Economics, NYT (nytimes.com) Thinking, Fast and Slow by Daniel Kahneman | Goodreads

Mediator, author, and mental-health advocate Dan Berstein discusses various approaches and systems for ending discriminatory practices against individuals with mental health conditions.  AVOIDANCE RESOURCES Mental Health and Conflicts: A Handbook for Empowerment Visit www.mhmediate.com/avoidance with password: "Avoid" to access a replay of the 2023 ACR-GNY conference program on "Ove...

This episode examines the six principles of persuasion drawn from the book, Influence: The Psychology of Persuasion, and considers how these principles apply to the world of collective bargaining. Reference: Influence: The Psychology of Persuasion, Robert Cialdini

Alice Phillips shares advice, stories, and tips that she’s learned over her decades long career as a union leader. Alice will be speaking at the NW LERA Conference on March 28, Register using the link below. NW LERA Conference Registration

Your co-hosts of The PERColator Podcast sit down for a book club discussion of Leonard Riskin's recent book, Managing Conflict Mindfully.  References: Managing Conflict Mindfully, Leonard Riskin

After a brief hiatus, we are excited to be back with a new book club episode where Emily, Chris and Loyd share out some negotiations-related books they’ve read recently.  References: Flourish, Martin E.P. Seligman Think Again, Adam Grant Managing Conflict Mindfully, Leonard Riskin

Chris and Loyd talk about game theory and trust in negotiations.  References: The Evolution of Cooperation- Robert Axelrod Human Motivation and Social Cooperation, Ferh & Gintis

Get to know Marv Schurke who shares stories, tips, and advice from his experiences as PERC's first executive director, as a private arbitrator, at the Wisconsin Employment Relations Commission, and as a management representative in the private sector prior to being an impartial in the field. 

Advocates' Day at the Association of Labor Relations Agencies annual conference takes place July 17 in Vancouver, B.C.  In this episode, we talk about some agenda highlights that might be of interest to PERColator Podcast listeners (and Emily puts out a book club challenge!).   References: ALRA Conference Registration https://alra.org/registration/ Advocates’ Day Agenda https://alra.org/wp-co...

A March 2023 congressional hearing involving US Trade Representative Tai and Congressmen Murphy raised an important topic concerning the traits of an effective negotiator and whether a negotiator's "niceness" makes them less effective in bargaining. 

A panel discussion on what last best and final offers are, their implications in the bargaining process, and practical considerations to think of when deciding whether or not to make a last best and final offer and how to respond to them.

What can negotiators learn from the stories of Star Wars, Chief Leschi, and groundbreaking Washington labor leader Addie Fletcher Booth? In this book club episode, Chris, Emily and Matt share interesting negotiations and labor relations books and resources. References: NW LERA Conference Registration Dr. Quintard Taylor Jr.’s Website BlackPast.org Cobbins-Modica, Q. (2023, February 22). Addie Flet...

The next in the series of PERColator Profiles, get to know Lorraine Wilson share her experience as a school district lawyer and labor relations negotiator.