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Home My WebLink AboutBoard of Selectmen Agenda April 14, 2011 Packet_201402061623345786HNMCP—Nantucket FINAL REPORT Emilie Aguirre • Kenneth Gantz • James Goldschmidt Cambridge, MA—December 20, 2010 2 Opening Remarks The Town of Nantucket is in many respects the ideal place to live. Situated on a sizeable island off the Atlantic coast, its well-groomed real estate and list of celebrity summer residents suggests afﬂuence to an extent that may be misleading. The recent international recession has not left Nantucket untouched, despite its secluded location. Most notably for our purposes, decreased tax revenues have imposed signiﬁcant restrictions on the Town budget. Other misperceptions are also held by all parties to collective bargaining in the Town. Some are misperceptions about the identities and interests of other parties. Some are misperceptions about the best ways to negotiate for and reach agreement. Opportunities for growth arise where widely-held misperceptions encounter harsh ﬁnancial reality. Everyone involved in collective bargaining should recognize and capitalize on these opportunities, which we attempt to describe here in some detail. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion INTRODUCTION 3 Executive Summary We recommend greater investment in negotiation and more attention to execution: Deconsolidate negotiations Conduct a C.O.L.A. assessment Reconsider the role of attorneys Emphasize negotiator education and training Re-evaluate where and how negotiations occur In addition, we recommend speciﬁc steps for the Board, Town Administration, and each union (addressed in alphabetical order). For all recommendations, we suggest reaching agreement among the parties rather than unilateral implementation. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion INTRODUCTION 4 PROJECT DESCRIPTION HNMCP Identity and Role Harvard Negotiation and Mediation Clinical Program was founded at Harvard Law School in 2006 by Robert Bordone, Thaddeus R. Beal Clinical Professor of Law. It is the nation’s ﬁrst legal clinic focusing on dispute systems design and conﬂict management, and maintains a robust clientele. Acting jointly, union members and Town Administration approached HNMCP in the spring of 2010 with a project proposal relating to ongoing collective bargaining, seeking to forge a new way forward together. HNMCP accepted this proposal for clinical work in the fall. Three law students working with HNMCP chose to devote their efforts to the Nantucket project: Emilie Aguirre (HLS ’12), Kenneth Gantz (U.C. Berkeley ’11), and James Goldschmidt (HLS ’12). Our task has been to assess the identities and interests of the various stakeholders in Nantucket’s negotiations, as well as the process itself, and develop analysis and suggestions for moving forward. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 5 PROJECT DESCRIPTION Methodology Our efforts were divided into four phases: Phase One (Individual Interviews): In this phase, team members conducted telephone interviews of 25 individual stakeholders in the Town’s collective bargaining efforts. (September 27–October 13) Phase Two (On-Island Visit): In this phase, team members visited Nantucket for three days and conducted ﬁve focus groups, one with each union’s principal negotiators. The team also attended a ﬁnancial planning meeting and spoke informally with residents and stakeholders. (October 14–16) Phase Three (Research Analysis and Drafting): In this phase, team members analyzed all of the input gathered in the ﬁrst two phases, compared it to relevant literature and opinions from experts, and drafted its ﬁnal report. (October 17–November 24) Phase Four (Report Revision and Ampliﬁcation): In this phase, team members revised all work product in keeping with suggestions obtained in review, and now submits its ﬁnal report to the Town. (November 25–December 20) Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 6 PROJECT DESCRIPTION This Report Our report is also divided into four main parts: Stakeholder Information: We begin by discussing each of the participating stakeholders, providing relevant background information and offering our own impressions as they relate to each group. Analysis and Discussion: In this part, we ﬁrst list and compare parties’ interests, analyzing the extent to which interests are shared and whether they conﬂict. Then, we discuss the importance of four key elements of negotiation: Process, Substance, Relationship, and Information. General Recommendations: Here, drawing on our analysis and discussion in the preceding parts, we make ﬁve general recommendations that we believe will beneﬁt all parties involved in collective bargaining. Speciﬁc Recommendations: In addition, we have developed several speciﬁc recommendations, one for each stakeholder group. When receiving this report, each stakeholder will receive its own speciﬁc recommendation. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 7 STAKEHOLDER INFORMATION Introduction In this section, we discuss each of the participating stakeholders in turn. For each, our discussion is separated into two main parts: General Background: Here, we summarize relevant information about each stakeholder as we learned it in our interviews and from our own research. This may include information relating to a stakeholder group’s identity or the identities of its members, its role in collective bargaining or in the Town, and, where relevant, community perceptions. Our impressions: This second part is more nuanced and incorporates our own impressions as they relate to each group. Most often, we list what we perceive as stakeholders’ interests (a word we use generically to represent stakeholders’ speciﬁc outcome-oriented concerns). Our impressions of these interests are usually based on parties’ own statements, but at times are based on making predictions or reading between the lines. Sometimes, we also address inherent tensions within a group or conﬂicts they face from the outside. Statements included here are implicitly prefaced by the words, “As we see it…” Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 8 STAKEHOLDER INFORMATION Participating Stakeholders Town of Nantucket: Board of Selectmen Town Administration •Town Manager and Assistant Town Manager •Human Resources •Finance Committee Employees’ Unions: Department of Public Works Fire Department Laborers’ Union Our Island Home (S.E.I.U.) Police Department Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 9 STAKEHOLDER INFORMATION Town of Nantucket Board of Selectmen: General background: As elected ofﬁcials, members of the Board of Selectmen are well-known members of the community and represent the governing authority of the Town. Each Board member is therefore characterized by both an individual and a collective identity, which may differ at times. Our impressions: Board members seem to have a clear interest in ﬁscal responsibility, but this interest is complex. In part, it derives from a genuine feeling that the Town must spend within its means. In part, however, this is also a desire for the the appearance of ﬁscal responsibility, which is a popular sentiment among residents during a recession and may serve individual reelection interests. As people in governing positions, Board members also have an interest in legitimacy and retaining authority over major transactions affecting the Town, since their collective identity is implicated in such transactions. Complicating matters further, continued disagreement in the collective bargaining context does not always have negative implications for these interests, since ongoing dispute requires ongoing authoritative involvement and provides ongoing platform fodder. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 10 Town of Nantucket Town Administration: General background: Town Administration refers collectively to the Town Manager, Assistant Town Manager, Human Resources, and Finance Committee. The Town Manager is appointed by the Board of Selectmen and requires its approval before contracts can be ﬁnalized. Yet the Town Manager is also a Town employee who must negotiate with other Town employees and is responsible for the efﬁcient management of the Town. And Town Administration is privy to more information than any other stakeholder. Our impressions: This uniquely divided role gives rise to deeply conﬂicting interests. The Town Manager and supporting staff seem to embody the maxim that one cannot please all of the people all of the time. Where union employees call for contract increases and the Board of Selectmen calls for cost stabilization, it seems that no solution that satisﬁes one party will satisfy the other. This conﬂict may be described as a tug-of-war between job security on one hand and union respect on the other. In order to minimize this tug-of-war, Town Administration has an interest in negotiation ﬂexibility, discretion, and authority when closing deals. Town Administration also has an interest in an educated and informed public, but is aware that total disclosure could hurt the Town’s own position. STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 11 Employees’ Unions Department of Public Works: General background: The DPW provides essential services to the Town, but often goes unnoticed due to the “behind-the-scenes” nature of their work. DPW employees are sensitive to long-standing criticism regarding their duties and note that if they were to stop doing their job, both local and summer residents would notice quickly. At the negotiating table, they are largely represented by repeat negotiators and much of their discussion focuses on the meaning of contractual terms. Some DPW negotiators feel that they frequently make concessions to save the Town money, and see the Selectmen-Town Manager relationship as ﬂawed. Our impressions: DPW members seem to desire greater respect, in negotiations and in general. Part of this desire for respect is related to their self-perceived willingness to make sacriﬁces for the Town. For example, it is frustrating to forego new uniforms for a year but see the Town spend a great deal of money in other areas. At the negotiating table, DPW union leaders are also frustrated by the drawn-out nature of negotiations and their perception that initial meetings are often a waste of time. DPW wants the Town to be responsive to their concerns with speciﬁc contractual wording (since failure to clarify words like “reasonable” and “synonymous” often results in subsequent interpretive battles that waste more time), and would like Town Administration to have more deal-closing power. STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 12 Employees’ Unions Fire Department: General background: Nantucket’s ﬁreﬁghters are a tight-knit group of coworkers who spend a great deal of time together, given the way their facility and shifts are structured. As such, they signiﬁcantly invest in coordination of union goals prior to negotiations. The ﬁreﬁghters have a systematic method for gathering and synthesizing union input prior to negotiations, and work quite hard doing so. In the Town, however, the ﬁre union is known for the length of its still-ongoing contract negotiations. And on several levels (duties, compensation, education), ﬁreﬁghters are frequently contrasted to the police in what may be unhelpful ways. Our impressions: In general, the ﬁreﬁghters seem to be interested in being recognized for what they see as their singular contribution to the Nantucket community. They view their services to the Town as essential and not comparable to other unions, and do not appreciate negotiating in comparison to the police. At the negotiating table, the ﬁreﬁghters have a particularly strong interest in Town Administration appreciating and responding favorably to their advance preparation, and would like the Town to be similarly prepared. They also would appreciate good-faith proposals and willingness to negotiate; they do not respond well to Town suggestions they perceive to be inﬂexible. As they see it, many of their proposals would not greatly affect costs. STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 13 Employees’ Unions Laborers’ Union: General background: The laborers’ union is perhaps the most disparate of any that we studied, with employees spread across several departments and varying levels of authority. From police dispatchers to ofﬁce employees to department heads, this union spans a wide variety of individuals and interests. The laborers’ union is also the only union that is not identiﬁable with a central physical location. Our impressions: Members of the laborers’ negotiating team seem to recognize the wide variety of interests they must attempt to satisfy. One commonly identiﬁed distinction is between employees at the lower end of the pay scale and employees at the upper end; in the most recent negotiations, there was some disagreement among union members over which group should be favored at the table. Other interests are more commonly shared. There is a primary interest in job security, as well as a desire that incoming employees be given identical, not split, contracts. (This might be termed an interest in solidarity.) Like other unions, they are also frustrated by the delay resulting from Town Administration’s inability to close a deal without ﬁnal approval from the Selectmen. In addition, labor negotiators would like more information from the Town regarding health insurance plans and the current trust fund surplus; this would provide context when they hear of cuts. STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 14 Employees’ Unions Our Island Home (S.E.I.U.): General background: The union of healthcare workers at Our Island Home (O.I.H.) is comprised almost entirely of women, many of them immigrants. Proud of their work, they appreciate the opportunity to serve in a municipal nursing home (an increasing rarity in Massachusetts). At the regional and national level, S.E.I.U. is known for its aggressive stance in labor negotiations, but the local unit sees itself as distinct from higher union levels and recognizes that the on-island situation makes them unique. This is the union that seems most satisﬁed with their negotiations. Our impressions: Workers at Our Island Home seem concerned about job security, due to a combination of the shifting economy, the changing nature of the healthcare profession, and reconceptualization of services provided on Nantucket. In general, they have few complaints about the recent round of negotiations or its substantive results, though they do fear a change in health insurance arrangements. They sometimes ﬁnd that regional S.E.I.U. representatives need to be reminded that things may work differently on Nantucket than they do on the mainland; while the regional representatives may view the local unit as the jewel in their crown, O.I.H. employees do not seem anxious to set a standard at the expense of their jobs. STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 15 Employees’ Unions Police Department: General background: The Police Department is known throughout the Town as a tough negotiator and frequently seems to get what it wants at the negotiating table. Town residents are quick to point to the recently completed, multi-million dollar complex constructed for the police. The police union relies heavily on outside counsel and is quick to move to arbitration when negotiations seem stalled. Much of the union’s negotiating experience is currently concentrated in one long-serving employee; this is primarily because of the high rate of employee turnover within the Department. Our impressions: The Police Department does not seem interested in running the Town into the ground, but is willing to bargain hard for what it sees as reasonable compensation for its work. The police union seems aware that the Town is facing difﬁcult ﬁnancial times and is appreciative of the recently constructed police complex. At this time, one of its primary interests is maintaining continuity in its negotiations and ﬁnding new union members to take up the union reins. From our perspective, the Department also has an interest in maintaining the goodwill of the Town, since a failure to do so may result in reversals in future negotiations. It may also be in their interest to develop more independence from counsel; dependency has ﬁscal and reputational costs and makes them only as good as their attorney(s). STAKEHOLDER INFORMATION Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 16 ANALYSIS AND DISCUSSION Introduction In this section, we turn to an analysis of the stakeholders’ interests and discussion of important concepts of collective bargaining. This section is divided into two parts: Conﬂict mapping: In conﬂict mapping, which is explained more fully on the following page, we list parties’ interests as derived from our conversations with them. Again, when we use the word ‘interests,’ we refer generically to a party’s speciﬁc outcome-oriented concerns. The interests we list are general enough to be applicable to more than one group, but are not so abstract as to be useless. For example, we do not list “get a 6% increase over 3 years” (too speciﬁc) or “money” (too general), but we might list “achieve long-term ﬁnancial stability.” The importance of… In this part, we discuss four concepts that are key to collective bargaining—Process, Substance, Relationship, and Information—and explain how they relate to Nantucket’s situation. We include quotes from interviewees and relevant advice from experts. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 17 ANALYSIS AND DISCUSSION Introducing Conflict Mapping Conﬂict mapping is a useful method of analyzing the underlying causes of conﬂict and evaluating the prospects for consensus building. In upcoming pages, we will use the following color scheme to code and sort out the interests we have derived from our conversations with the parties: Green for shared interests. Here, a shared interest is one shared by the Town and at least one union (and often more). Blue for non-shared but non-conﬂicting interests. These value-creating interests are held by the Town or one or more unions, but do not conﬂict with any other interests. Red for conﬂicting interests. A conﬂicting interest is held by only one party and may be in opposition to the interests of another party. This shaded circle represents an interest that the named party (i.e., a union) sees as non-conﬂicting and another party (i.e., the Town) may perceive as conﬂicting. A few notes: We assess interests actually expressed by the parties in our talks. Parties may have other interests that are not listed because not explicitly expressed. Also, the listed interests are those which at least one party feels could be improved upon. For instance, all parties may be interested in “equality,” but it will only be listed where a party feels treated unequally and said so to us. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 18 ANALYSIS AND DISCUSSION Conflict Mapping Board of Selectmen and Town Administration:* Streamline collective bargaining process / reduce scheduling delays Foster trust between parties Achieve economic stability / reasonable and livable wage Eliminate/mitigate real or perceived conﬂicts of interest created by unionized department heads and small town dynamics Reduce attorney fees for contract negotiation Accurately assess cost of living Foster happy / contented / motivated work force Measure work force productivity Educate / train parties in municipal ﬁnance background and negotiation process Build sustainable agreements Limit future budget increases Control tax burden Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion * Note: These stakeholders are listed together because despite identity differences, they represent one side of the negotiating table. 19 ANALYSIS AND DISCUSSION Conflict Mapping Department of Public Works: Streamline collective bargaining process / reduce timeline Foster trust between parties Achieve economic stability / reasonable and livable wage Reduce attorney fees for contract negotiation Accurately assess cost of living Preparation for negotiation on both sides Autonomy / decision-making authority of negotiation representatives Reduce or eliminate negotiation gaming Respect / appreciation Fairness of process Transparency re: budgetary analysis, ﬁnancial documents, healthcare information Clarity of contract to avoid ambiguities / multiple interpretations Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 20 ANALYSIS AND DISCUSSION Conflict Mapping Fire Department: Streamline collective bargaining process / reduce scheduling delays Foster trust between parties Preparation for negotiation on both sides Autonomy/decision-making authority of negotiation representatives Reduce or eliminate negotiation gaming Transparency re: budgetary analysis, ﬁnancial documents, healthcare information Fireﬁghter safety and training Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 21 ANALYSIS AND DISCUSSION Conflict Mapping Laborers’ Union: Streamline collective bargaining process / reduce scheduling delays Foster trust between parties Achieve economic stability; reasonable and livable wage Eliminate / mitigate real or perceived conﬂicts of interest created by unionized department heads and small town dynamics Preparation for negotiation on both sides Autonomy/decision-making authority of negotiation representatives Reduce or eliminate negotiation gaming Transparency re: budgetary analysis, ﬁnancial documents, healthcare information Protection of jobs Avoid penalization for efﬁcient use of budget Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 22 ANALYSIS AND DISCUSSION Conflict Mapping Our Island Home (S.E.I.U.): Streamline collective bargaining process / reduce scheduling delays Foster trust between parties Achieve economic stability; reasonable and livable wage Preparation for negotiation on both sides Autonomy/decision-making authority of negotiation representatives Reduce or eliminate negotiation gaming Transparency re: budgetary analysis, ﬁnancial documents, healthcare information Respect/appreciation Training, support for union negotiators Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 23 ANALYSIS AND DISCUSSION Conflict Mapping Police Department: Streamline collective bargaining process / reduce scheduling delays Foster trust between parties Eliminate / mitigate real or perceived conﬂicts of interest created by unionized department heads and small town dynamics Preparation for negotiation on both sides Autonomy/decision-making authority of negotiation representatives Reduce or eliminate negotiation gaming Transparency re: budgetary analysis, ﬁnancial documents, healthcare information Training, support for union negotiators Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 24 ANALYSIS AND DISCUSSION Conflict Mapping Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations ConclusionTown of NantucketDepartment of Public WorksFire DepartmentLaborers’ UnionOur Island HomePolice Department 25 ANALYSIS AND DISCUSSION Conflict Mapping Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion Our analysis reveals several shared interests, many non-shared, non-conﬂicting or potentially conﬂicting interests, and only a few conﬂicting interests. Parties tend to over-focus on conﬂict! Shared Interests Non-Shared, Non-Conﬂicting Interests Potentially Conﬂicting Interests Conﬂicting Interests Streamline bargaining process / reduce scheduling delays Foster trust between parties Achieve economic stability; reasonable and livable wage Eliminate / mitigate real or perceived conﬂicts of interest created by unionized dept. heads / small town dynamics Reduce attorney fees for contract negotiation Accurately assess cost of living Limit future budget increases Control tax burden Protection of jobs Avoid penalization for efﬁcient use of budget Transparency re: budgetary analysis, ﬁn. docs., healthcare info Training, support for union negotiators Clarity of contract to avoid ambiguities / multiple interpretations Fireﬁghter safety and training cont. Educate / train parties as to municipal ﬁnance background and negotiation techniques Respect / appreciation Fairness of process Foster happy / content / motivated work force Measure work force productivity Reduce or eliminate negotiation gaming Build sustainable agreements Preparation for negotiation on both sides Autonomy / decision-making authority of negotiation reps 26 ANALYSIS AND DISCUSSION Introducing Key Elements Having analyzed interests of stakeholders and the many areas in which they overlap, we turn to a discussion of four key elements of negotiation: Process, Substance, Relationship, and Information.* Each of these elements presents opportunities for improvement in Nantucket’s negotiations. In upcoming pages, we will explain each element in turn, ﬁrst deﬁning it and then exploring its relation to the situation in Nantucket. The discussion will include anonymous quotes from interviewees where they relate to the subject matter, as such quotes are often the most vivid illustration of an issue. Advice from experts will also be included when relevant. In addition to ongoing feedback from Professor Robert Bordone of HLS, the following two experts in the ﬁeld of labor negotiations and employment law made key contributions: Thomas A. Kochan, George Maverick Bunker Professor of Management, Professor of Work and Employment Research and Engineering Systems, and Co-Director of the MIT Sloan Institute for Work and Employment Research. Joel E. Cutcher-Gershenfeld, Dean and Professor at the School of Labor and Employment Relations, University of Illinois. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion * Note: Process, Substance, and Relationship are also addressed in our “Ten Trusty Tips.” Information is related to all three. 27 ANALYSIS AND DISCUSSION The Importance of Process Process refers to the “how” of negotiations: the manner in which they are planned and carried out. Process suggestions underscore the importance of preparation not only individually and on behalf of your group, but also jointly and in conjunction with other parties. The process underlying collective bargaining can be just as important, if not more so, than the substantive discussion transpiring at the negotiating table. The mechanisms in place to facilitate collective bargaining merit critical reﬂection by all parties, as do the effects of each process element on the quality of the negotiations as a whole. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 28 ANALYSIS AND DISCUSSION Process in Action Examples of process concerns include the following: Scheduling delays: A common frustration heard from stakeholders on both sides describes the negotiations as too dragged out to be optimally effective for anyone. Location and timing: In some cases, the physical location and timing of meetings can impact the ability of parties to be present at the table, particularly when approval for time off of work or other logistical concerns arise. Tactics at the table: Consider the negative effects of gaming tactics like anchoring, horse-trading, and throwaway proposals. Pre-meeting preparation: A lack of adequate preparation makes it harder to structure an agenda for the day’s meeting and may be perceived as a lack of interest. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 29 ANALYSIS AND DISCUSSION Quotes on Process Stakeholders had the following to say about process: “Maybe we should have videotaped everything.” •In fact, we do not recommend videotaping negotiation sessions, as this may encourage parties to posture or (conversely) not express themselves freely. However, this quote expresses frustration with the lack of a procedural mechanism for tracking agreement. “If we’re negotiating, have the Selectmen clear their plates so that when we come to an agreement, we can have it approved quickly, like, within the day. Have them available via phone. Let them take a lunch meeting while we take a lunch break.” •This quote from a union negotiator expresses frustration with the procedural delays that result when approval from multiple parties is required and cannot be expedited. “[Everyone] think[s] that they have to come in high so they can get knocked back down. Right from the start, each side knows what the other side is doing, but they get pissed off at each other right away. People should come in with realistic numbers and stand their ground; it would be fair if you’re honest from the start. It’s like you’re sitting in the room with a bunch of used car salesmen. But people get so emotionally twisted up in it…” •This quote from another union negotiator expresses a wish that all parties (including his/her own) could avoid battling bids and the emotions that accompany this tactic. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 30 ANALYSIS AND DISCUSSION Advice on Process Experts suggest negotiating how you will negotiate: A potentially transformative exercise involves convening stakeholders in a “summit” to develop a roadmap for the road ahead and to establish a protocol and mechanisms for resolving disputes. One element of such a summit might consist of a “best/worst” analysis, in which parties describe the best and worst features of the current system and discuss what a successful process would look like in the future. Take note that many of the recommendations we present in the following sections (both general and speciﬁc) would best be adopted in just such a summit—general recommendations in a meeting between the Town Manager and leaders from all unions, speciﬁc recommendations in individual meetings with leaders from each union, or (where applicable) in intra-union meetings. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 31 ANALYSIS AND DISCUSSION The Importance of Substance Substance refers to the “what” of negotiations: the substantive components addressed at the table. Substance suggestions deal with techniques for meetings your interests as well as learning the interests of others. The substance of what is decided at the negotiating table is, of course, always important. Sometimes, however, an impression can be created that one party’s interests carry substantive weight, while another party’s do not. This can lead to festering dissatisfaction over time. Similarly, differences in substantive outcomes can leave some groups feeling preferred over others (or the reverse). Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 32 ANALYSIS AND DISCUSSION Substance in Action Examples of substance concerns include the following: Dismissal of interests: When a party comes to the table wishing to discuss something, there will be a substance problem if another party is too quick to reject it as a topic for discussion. Union polling: If you don’t know what your union members want, how can you get it for them at the negotiating table? Some unions currently have robust consensus-building mechanisms, while others cite disinterested membership or other reasons for not polling. Differential outcomes: Consider what happens when similar inputs produce dissimilar outputs, like unequal pay for roughly equal work. Pre-meeting preparation (again): A lack of adequate readiness for substantive discussion on one party’s part can often be perceived as an assumption that its own interests are more important than another party’s—whether or not this is actually true. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 33 ANALYSIS AND DISCUSSION Quotes on Substance Stakeholders had the following to say about substance: “Many of our topics were simple things that wouldn’t cost the Town any additional money, but they were shoved aside because they weren’t ‘bottom line’ items.” •This quote addresses what happens when one party dismisses substantive interests that may only minimally affects costs—often the best opportunity to ﬁnd common ground. “There needs to be some of that horse-trading going on, maybe, but I wish people would be much more plainspoken.” •This quote addresses both procedure (horse-trading as a tactic) and substance (viewing an interest on your side as “costing” an interest on their side). This is not always best. “There needs to be more dialogue and preparation on their part, but they also need to be willing to actually negotiate. They can’t just say, ‘No, no, no,’ without even so much as an explanation. There are actually a lot of opportunities to agree.” •This quote expresses frustration with those times when an opportunity to act on substantive interests is missed. Again, many interests actually have little cost! Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 34 ANALYSIS AND DISCUSSION Advice on Substance Experts suggest broadening the substance of discussion: A growing trend in collective bargaining cases shows parties putting the public interest on the table, not just the narrow interests of one party. For instance, negotiation topics consist of not only wages, hours and working conditions, but also ways to better the public safety. Such joint issues can truly be transformative, as dialogue focuses on the issues that brought the stakeholders together in the ﬁrst place. What might happen if all parties focused more on the good of Nantucket than they currently do on their own wants? Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 35 ANALYSIS AND DISCUSSION The Importance of Relationship Relationship refers to the “who” of negotiations: other parties in your negotiations and their interaction with one another. Relationship suggestions deal with the importance of building a trusting, ongoing rapport with other parties. The relationship between parties can be subtly affected by almost anything, so in some sense every suggestion is a relationship suggestion. More speciﬁcally, however, relationship suggestions directly address how parties are treated in negotiations and how they are made to feel. For example, certain negotiation tactics may be substantively advantageous, but come at a high relational cost—and relationships tend to outlast contracts. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 36 ANALYSIS AND DISCUSSION Relationship in Action Examples of relationship concerns include the following: Conﬂicts of interest: These may be perceived or real, and arise whenever a personal relationship is implicated in a business relationship, or vice versa. It is important to mitigate such conﬂicts wherever possible. Personal style: Every negotiating team is ultimately made up of individuals. Consider how you relate to one another within your team. Is everyone’s voice heard? Similarly, when dealing with other parties, do you make yourself personable or do you make it personal? Stakeholder reputation: While winning at any cost or maintaining a tough stance has its beneﬁts, consider its implications for your group’s image in the community—particularly when circumstances are subject to change. Community reputation: A related factor that should be important to all stakeholders is Nantucket’s reputation as a community. Is it someplace where relationships foster negotiation, or hinder it? Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 37 ANALYSIS AND DISCUSSION Quotes on Relationship Stakeholders had the following to say about relationship: “The most valuable resource that we have is the people.” •We believe that this quote would be true in nearly every setting, but is especially true when members of all stakeholder groups know each other so well. It also highlights the most important feature of your negotiations. “Here you have to turn around and be in a meeting the next day with someone you were contentiously negotiating with.” •This quote addresses the relationship factor head-on. Note that replacing the word ‘contentiously’ with another adjective (i.e., ‘productively’) completely changes the implications of the sentence.  “Our off-island reps remind us not to back down too much.” •This quote is a reminder that hierarchical relationships can often have an impact on negotiations and may cause parties to act differently. “I have never seen [Person X] smile. Ne-ver.” •This quote, which could have been said about anyone, is a not-so-subtle reminder of the importance of maintaining warmth even when it is difﬁcult. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 38 ANALYSIS AND DISCUSSION Advice on Relationship Experts suggest keeping in mind what is at stake: Nantucket’s unique dynamics lead to more being at stake in getting the collective bargaining approach right. Beyond questions of compensation or the work environment, relationships with close friends and neighbors are in play. Effects are magniﬁed when negotiations go poorly, because of the close-knit nature of the community. Tension at the negotiating table translates into tension across the island—and can be difﬁcult to escape However, when negotiations go well, the positive effects are magniﬁed in precisely the same way. A community focused on collaboration in tough times is a better place to live. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 39 ANALYSIS AND DISCUSSION The Importance of Information Information—reliable, readily available information—is critical to successful negotiations in any context. Information is so important a factor that it affects all three of the considerations already discussed: Process is improved to the extent that non-compromising information is freely shared. When all parties rely on the same numbers and accurate projections, delay will be reduced at both the micro- and the macro-level. Substance is also improved to the extent that information is shared. When procedural delay is reduced, more time can be devoted to discussing substantive concerns. When the wider community is better informed, some contentious issues may disappear altogether. Relationship is (not surprisingly) improved by information-sharing, too. Working from the same information breeds trust between parties, as it relates to openness and honesty. Conversely, a lack of transparency is often perceived by other parties as disrespectful or grounds for mistrust. And when negotiators receive training (another kind of information), relationships may substantially improve. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 40 ANALYSIS AND DISCUSSION Information in Action Examples of information concerns include the following: Ease of access: With respect to budgets, ﬁnances, statistics, and other relevant information, ease of access ensures that parties have a normative, objective baseline for rational negotiation. Offers and counteroffers are likely to be grounded in fact rather than ﬁction when based on empirical data and accurate, veriﬁable information. Community education: With respect to management decisions, rationales, and effects of policy decisions, informing the community ensures that parties have a shared understanding of realities, expectations, and initiatives. (How might this work in the context of health insurance?) Training: With respect to negotiation and the collective bargaining process, training ensures that parties possess the knowledge and skills necessary to facilitate meaningful and productive discussion— both within each party’s organization and at the negotiating table. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 41 ANALYSIS AND DISCUSSION Quotes on Information Stakeholders had the following to say about information: “We want to work on better communication and expectation setting with unions.” •This quote from a member of Town Administration indicates a desire to share additional information, at least for the purpose of managing expectations. “We have a hard time believing the Town.” •This quote, which also contains strong relationship overtones, illustrates a major problem that can develop when parties doubt that all relevant information is being shared. “The explanation doesn’t get down to the level that’s necessary for explaining the ﬁnancial position of the Town.” •This quote shows that depth of information is as important as breadth. Detail matters! “The people explaining [the ﬁnances] have to know how to do that in the employees’ language—because when my guys walk away confused, then they think someone is trying to pull the wool over their eyes.” “I don’t think the Town has done everything they could to educate people about how different [health] plans could be good for different people. They should really talk to people individually, not just in groups.” •These quotes both demonstrate that the manner in which information is communicated is as important as the information itself. Packaging is often everything, and taking the time for sensitive, individualized explanation is key—particularly when familiar things change. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 42 ANALYSIS AND DISCUSSION Advice on Information Experts suggest relying on objective information: Objective information, while not always easy to deﬁne, is a much better basis for decision-making than personal opinions or local rumors. Mutual discussion of available standards and mutual adoption of the same leaves all parties feeling that outcomes are more fair. For example, if two unions are being treated differently, comparison could be made to similar unions in other towns or perhaps recent arbitration decisions. At the same time, even objective information should be treated as a mutually agreeable guideline, not an absolute rule. Information sharing is meant to be freeing for the parties, not constricting. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 43 RECOMMENDATIONS Introduction In this section, based on the foregoing analysis and discussion, we turn to recommendations. This section is divided into two parts: General recommendations: Here, we issue ﬁve recommendations that apply equally to all parties currently engaged in collective bargaining. Speciﬁc recommendations: Each stakeholder will also receive a speciﬁc recommendation intended to improve their role in negotiations. All recommendations refer to either Process, Substance, Relationship, or Information. (Naturally, some refer to more than one.) Each recommendation will be coded as follows: Cost-impact analysis for each recommendation will also be coded as follows. Note that no recommendation’s cost exceeds its impact. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion InformationRelationshipSubstanceProcess IRSP High Cost and ImpactMedium Cost, High ImpactMedium Cost and ImpactLow Cost, High Impact $$$ / ✯✯✯$$ / ✯✯✯$$ / ✯✯$ / ✯✯✯ 44 RECOMMENDATIONS: GENERAL General Recommendation 1 The issue: Many stakeholders express frustration stemming from a perceived imbalance in the amount of preparation undertaken by the parties prior to negotiations. Another concern relates to difﬁculties in scheduling negotiation sessions. Conducting multiple unions’ collective bargaining talks simultaneously is a difﬁcult juggling act, and fosters suboptimal preparation and scheduling. All parties experience difﬁculties when all contracts are negotiated at the same time. Town Administration expresses frustration with the difﬁculty of preparing for so many meetings at once, and this same overburdening makes other parties feel that the Town does not respect them enough to devote adequate attention to their interests. Quote: “Scheduling was [a] problem because the Town Manager was negotiating four other contracts at the same time.” Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 45 RECOMMENDATIONS: GENERAL 1: Deconsolidate negotiations Our recommendation: Deconsolidate collective bargaining negotiations. Avoid intentional clustering of union negotiations. Stagger union negotiations to the extent possible. Preparing for just one or two negotiation rounds during a given calendar year can help mitigate some of the challenges associated with negotiating with ﬁve or six unions contemporaneously. This will require the joint effort of all involved stakeholders. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $$$ / ✯✯✯P 46 RECOMMENDATIONS: GENERAL 1: Deconsolidate negotiations Potential barriers to implementation: At ﬁrst glance, consolidation of union negotiations may appear to be a more efﬁcient approach from Town Administration’s perspective. In theory, administrative personnel need not continuously devote attention to collective bargaining, freeing up time and resources to take on other tasks. Thorough, ongoing preparation for negotiations may consume a signiﬁcant amount of time and effort, since at least one contract will always be in negotiation. Strategies for overcoming barriers: In practice, consolidation of numerous union negotiations into one block may have the effect of minimizing efﬁciency and slowing down talks due to the other party’s frustration from the perception, rightly or wrongly, that their group does not command the unique attention or preparation that would occur had the negotiations been held in isolation. A concerted effort by all to deconsolidate and address scheduling and preparation concerns sends a positive message to other stakeholders and may potentially have a transformative effect on negotiations. If possible, develop a systematic way to prepare that works for your group, and memorialize it so that your group can refer to it in future negotiations rather than starting from scratch every time. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 47 RECOMMENDATIONS: GENERAL General Recommendation 2 The issue: Parties do not agree on empirical data to turn to when determining reasonable, livable wages during negotiation discussions. Stakeholders often feel as if they are negotiating in the dark, and have little basis for comparison to other municipalities or collective bargaining units. Failing to maximize available information and transparency breeds confusion, disagreement, and mistrust. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 48 RECOMMENDATIONS: GENERAL 2: Conduct C.O.L.A. Analysis Our recommendation: Undertake an accurate assessment of Nantucket’s Cost of Living Allowance (C.O.L.A.). Consider retaining the services of a mutually agreed-upon expert or ﬁrm to provide an independent, conclusive report comparing Nantucket’s cost of living, both overall and in several key subcategories (e.g., costs associated with home ownership), to State and national averages. Determine the overall premium associated with life on the island (the “Nantucket Factor”). This may be done just once (to establish a baseline) and, if determined to be effective, repeated periodically (i.e., every ten years). Consider agreeing to a similar approach for an independent audit of Town ﬁnances. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $$ / ✯✯✯I 49 RECOMMENDATIONS: GENERAL 2: Conduct C.O.L.A. Analysis Potential barriers to implementation: The cost associated with hiring a consultant or auditing ﬁrm may seem like a waste of limited ﬁnancial resources. Why should more money be allocated when the Town is attempting to reduce or control budgets and reign in spending? Challenges associated with stakeholder agreement may arise when attempting to select a trusted third party to perform the independent ﬁnancial reporting. Strategies for overcoming barriers: The one-time transaction cost of performing a cost of living and ﬁnancial audit will be offset by more efﬁcient negotiations and gained trust between parties in the long run. Parties need not perform unilateral research to the same degree with respect to ﬁnances, obtaining numbers and ﬁgures that are often a source of doubt, mistrust, or dispute with another party. Consider forming an assessor selection and oversight committee to maximize stakeholder involvement from conception to completion. Include union and Town Administration representatives so that all feel involved. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 50 RECOMMENDATIONS: GENERAL General Recommendation 3 The issue: Many stakeholder groups express reservations concerning the role that attorneys play in the collective bargaining process. Costs associated with legal representation are of signiﬁcant consequence during an undertaking that many view as the distribution of scarce resources. Negotiations that continue for months or years can amount to substantial legal bills when attorneys are consulted or take an active seat at the negotiating table. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 51 RECOMMENDATIONS: GENERAL 3: Reconsider Attorneys’ Role Our recommendation: Re-evaluate the use of attorneys and the role that they play within your individual collective bargaining group. Try having this conversation as part of the proposed “stakeholder summit” (see page 30). An effective use of counsel can mean different things to different groups, and can take a number of different forms: •Use of counsel advocacy at the negotiating table: Although it can be expensive, some parties ﬁnd this approach well worth the conﬁdence of being represented by a capable and experienced labor law attorney-negotiator. This may minimize the back-and-forth nature of having to step away from the table to consult with counsel via telephone or e-mail. Other parties may feel threatened by attorneys in this role. Parties might consider a multiparty agreement to have attorneys present at the table or not. •In-house counsel: This approach might be worth exploring for a Town that already accrues hundreds of billable hours each year relating to labor negotiations. •Neutral labor counsel: As part of a stakeholder summit, perhaps consider retaining a neutral labor attorney to serve not as an advocate, but rather as a resource for addressing issues concerning legal questions and contract interpretations. •Training in interest-based negotiation: Parties might also consider an agreement to only hire attorneys who have been to interest-based negotiation training. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $ / ✯✯✯P 52 RECOMMENDATIONS: GENERAL 3: Reconsider Attorneys’ Roles Potential barriers to implementation: Stakeholders may place different values on the role that attorneys play in collective bargaining. Reaching an agreement with other parties over how best to utilize them may prove difﬁcult. Strategies for overcoming barriers: Discussion with other parties concerning how to potentially improve negotiations carries little potential cost, and you may well discover areas of shared interests. Again, consider having this discussion as part of a “stakeholder summit” (see page 30). Even if it does not appear possible to reach any sort of agreement on the role of attorneys, the re-evaluation within each individual labor group can be of signiﬁcant value. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 53 RECOMMENDATIONS: GENERAL General Recommendation 4 The issue: Collective bargaining is a challenging proposition, with high stakes at play in many respects. Away from the table, negotiators are tasked with collecting input from, and managing the expectations of, the constituents whom they represent. At the table, negotiators must effectively work with their fellow representatives and those on the other side of the room in order to reach the best possible outcome for the parties involved. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 54 RECOMMENDATIONS: GENERAL 4: Educate/Train Negotiators Our recommendation: Provide education and training for negotiators. The skills required to be an effective negotiator do not come naturally to most individuals. Even the most exceptional negotiators attribute much of their success to education, training, and years of practice. Turnover within union leadership and Town Administration can lead to negotiators who lack the optimal level of experience or institutional memory with respect to past negotiation proceedings. An orientation for newly-elected or appointed ofﬁcers, administrators, and politicians is one potential component of an effective education and training strategy. As part of stakeholders coming together for the purpose of negotiating how they will negotiate (page 30), parties could agree to have their representatives attend training sessions to foster effective negotiation skills. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $$ / ✯✯✯I, R 55 RECOMMENDATIONS: GENERAL 4: Educate/Train Negotiators Potential barriers to implementation: Time and ﬁscal constraints may pose obstacles to devising and implementing educational materials and training sessions. Reaching an agreement with all interested stakeholders could prove challenging. Strategies for overcoming barriers: Much like performing a cost of living assessment, the expense of creating an educational or training regimen will likely be offset by more effective communication, efﬁcient negotiations, and gained trust between parties. Although an agreement from all stakeholders to enact a plan to effectuate training and education is ideal, each party stands to beneﬁt in their own right from educating and training their collective bargaining representatives. Therefore, consider independently undertaking training and education measures as a fallback. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 56 RECOMMENDATIONS: GENERAL General Recommendation 5 The issue: When challenges arise during negotiations, it is often easy to get stuck in the moment and lose sight of the bigger picture. Frustration from past or current negotiation experiences may lead parties to effectively give up on the current round of negotiations, declaring an impasse and proceeding immediately to mediation or arbitration. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 57 RECOMMENDATIONS: GENERAL 5: Watch How You Begin & End Our recommendation: Reevaluate where you commence negotiations and what you do when they break down. When collective bargaining stalls or hits a snag, consider changing location and/or tactics. In an effort to avoid impasse and encourage productive negotiation dialogue, evaluate whether your own unit’s approach may be causing the problem or giving up too soon. Effective elements to focus on for consideration and reevaluation include: •Setting aside signiﬁcant quality time for negotiation sessions •Balancing the beneﬁts and costs of protracted negotiations •Situating negotiation sessions elsewhere (may impact outcomes) •Selecting someone new as a negotiator (skill set matters) Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $ / ✯✯✯P, S 58 RECOMMENDATIONS: GENERAL 5: Watch How You Begin & End Potential barriers to implementation: Negotiators may be inclined to simply go with what has worked in the past, or what they’re comfortable with. Parties may believe that they are ceding power when they accommodate another party, or will appear weak when backing down from an initial position. Strategies for overcoming barriers: Negotiation tactics that are comfortable or have worked in the past are not always meeting the best interests of your group; reevaluation must include resetting your interests and expectations from past negotiations. Negotiation tactics that emphasize your leverage or position of power are likewise not always best in the long run. Simply because you can impose your will on another party does not mean that it is in your long-term interest to do so. Instead, consider reassessing your list of genuine objectives and suggest solutions that address the interests of all parties. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 61 RECOMMENDATIONS: SPECIFIC Town of Nantucket Town Administration: The issue: Union negotiators grow frustrated due to protracted negotiations that require them to make personal sacriﬁces in order to represent their group at the table. While Town Administration is compensated, as part of their job, for time spent in negotiations, a perceived imbalance arises when union negotiators are required to take vacation days or pay for childcare when sessions take place. Quote: “People take days off of work, we all have lives, we have children… and we go in and make offers and they can never commit. It gets really frustrating… Every time I have a negotiation session, I shouldn’t have to take my vacation time. I should get a day off from work, and [the Town] should have to pay to drag this on.” Our recommendation: The Town might consider compensating union negotiators for time spent in negotiation sessions. Think about blocking out a whole day or two, and possibly holding negotiations off-island. These actions signal to all parties that collective bargaining is a special activity that commands signiﬁcant attention, and that efﬁciently reaching resolution is an important goal shared by all. It also makes discussions purposeful and encourages a different kind of preparation. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion $$ / ✯✯✯R 62 RECOMMENDATIONS: SPECIFIC Town of Nantucket Town Administration, cont. Potential barriers: The costs associated with compensating union negotiators for time spent at the negotiating table (or with off-island negotiation summits) may seem like unnecessary, signiﬁcant expenses. Strategies for implementation: Remember that all parties want to reach contract agreements as quickly as possible. Compensating union representatives for their presence at the negotiating table shows a commitment to eradicating perceived inequalities, and demonstrates that their union members are important assets to the Town—thereby taking steps to address a major underlying interest even before coming to the table. An off-island negotiation summit can greatly reduce costs in a broader way if it leads to more substantive and efﬁcient dialogue between parties. Devoting a day or two to negotiations can potentially be much more productive than hour-long meetings spanning months or years. Even if holding negotiations off-island is not feasible, consider agreeing to day-long negotiation sessions in a special neutral ‘retreat’ venue on Nantucket. Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion 69 Closing Thoughts As we hope we have demonstrated, greater investment in Process, Substance, Relationship, and Information can lead to signiﬁcant growth. Our ﬁve general recommendations address each of these categories: Deconsolidate negotiations (Process) Conduct a C.O.L.A. assessment (Information) Reconsider the role of attorneys (Process) Emphasize negotiator education and training (Information, Relationship) Re-evaluate where and how negotiations occur (Process, Substance) This report will ideally be the beginning of an informational dialogue between parties, clarifying misperceptions as to who groups really are and what they really want, as well as what works well in negotiations and what you might try to do differently. In addition to our ﬁve general recommendations and our speciﬁc recommendation for your group, we would like you to be aware of ongoing training and consultation services offered by the Harvard Negotiation and Mediation Clinical Program (see page 71). Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion CONCLUSION 70 Next Steps… In Spring of 2011, we hope to present our ﬁndings to the Town of Nantucket in live format. Any or all of the following meetings are possible: Open meeting for interested residents of the Town Private meetings for individual stakeholder groups In addition, HNMCP would be happy to collaborate with the Town of Nantucket on any of these potential follow-up projects: Training sessions for those directly involved in negotiations Consensus building within individual stakeholder groups Executive education on the Harvard Law School campus We thank you for the opportunity to work with the Town of Nantucket, and hope we may do so again in the future! Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion CONCLUSION 71 Additional Resources If you are curious about additional ways to improve collective bargaining on Nantucket, we recommend these books and articles: Joel E. Cutcher-Gershenfeld, Bargaining Over How to Bargain, Negotiation Journal, Oct. 1994, at 323. Joel E. Cutcher-Gershenfeld et al., Collective Bargaining in the Twenty-First Century: A Negotiations Institution at Risk, Negotiation Journal, July 2007, at 249. Roger Fisher & Alan Sharp, Getting it Done: How to Lead When You’re Not in Charge (1998). Sheila Heen & John Richardson, “I See a Pattern Here and the Pattern Is You”: Personality and Dispute Resolution, in The Handbook of Dispute Resolution 35 (Michael L. Mofﬁtt & Robert C. Bordone eds., 2005). David Lewin et al., Public Sector Labor Relations: Analysis and Readings (3d ed. 1987). Lawrence E. Susskind & Jeffrey L. Cruikshank, Breaking Robert’s Rules: The New Way to Run Your Meeting, Build Consensus, and Get Results (2006). Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion CONCLUSION 72 Acknowledgments Finally, we wish to thank the following individuals: Nathan Barber, Nantucket Fire Department Tracy Blanchard, HNMCP Clinical Program Assistant Prof. Robert Bordone, Project Supervisor Prof. Joel Cutcher-Gershenfeld, Contributing Expert C. Elizabeth Gibson, Nantucket Town Manager Prof. Thomas Kochan, Contributing Expert Chief Mark McDougall and the Nantucket Fire Department (union focus group hosts) Introduction Project Description Stakeholder Information Analysis and Discussion General Recommendations Speciﬁc Recommendations Conclusion CONCLUSION