Keys to Successful Negotiation

Working for Change: A Guide for Audiologists and Speech-Language Pathologists in Schools

Successful negotiation hinges on careful, thorough preparation. Both parties in collective bargaining need to understand the issues, their origins, and why they matter. The success of collective bargaining is directly tied to how well-prepared both sides are. For audiologists and SLPs to get their concerns addressed at the bargaining table, it’s crucial to be involved in the preparation process. The negotiating team or bargaining unit will gather input from members about the issues or demands that they would like to make. Once they identify the issues or demands, the bargaining unit will collect data and information to support these proposals during bargaining sessions.

What Is Typically Included in a Negotiated Contract?

A negotiated contract is a written agreement between the negotiating parties. This document details the decisions made on various items or issues. Contracts may explicitly state agreed-upon rates of pay, wages, hours, and working conditions.

A negotiated contract typically includes several clauses:

Preamble and Purpose: Outlines the general purpose of the agreement and includes pledges of goodwill and confidence. Any “no strike” provision usually resides here.
Security: Often makes up the largest part of the contract and includes union recognition, management prerogatives, insurance benefits, procedures for reduction in force, discharge, leave of absence, and union rights and responsibilities.
Compensation: Covers incentive systems, job standards, sick leave benefits, wage payment methods, overtime rates, paycheck deductions, and other compensation-related matters.
Working Conditions: Includes clauses related to the work week, work hours, health and safety factors, special duties, class size, staff development, and other working conditions.
Enforcement: Explains how the contract will be enforced, including grievance procedures and any arbitration methods.
Duration and Termination: Specifies the length of the contract as well as methods for reopening, renewal, and renegotiation.

Contracts may range from a brief document focusing on salaries, working hours, and conditions to a comprehensive document detailing the entire labor-management relationship in the school system. To understand what is negotiated in your local education agency, review the existing negotiated contract, and consider the following questions:

Can Caseload Size Be Negotiated?

In many states, class size is considered a negotiable item; therefore, the caseload size for audiologists and SLPs could be negotiated if the bargaining unit considers it a bargaining issue.

Caseload size may be mandated by state policy and in some cases, judicial decision. In those states, caseload size cannot be considered a negotiable item at the local level. However, if a state rule indicates that caseload size should not exceed a specific number (e.g., 60), then the exact caseload size could be negotiated at the local level. See ASHA's State Caseload Map for caseload guidance in states.

How Can Audiologists and SLPs Make a Case for Caseload Size?

When caseload size is negotiated, it is the responsibility of audiologists and SLPs to convince the local bargaining unit that caseload is a major contributor to workload and of importance to the quality of education. The best way to do this is through education and evidence. Here are a few recommendations:

Present data showing how large caseloads and workloads negatively impact student outcomes and the quality of services provided. See ASHA's ASHA Workload Calculator portfolio.
Emphasize the benefits of reduced caseloads, such as
- improved student progress,
- ability to comply with educational mandates in a timely manner, and
- enhanced recruitment and retention of audiologists and SLPs.
Collect testimonials about challenges with large caseloads and workloads. Personal stories can be powerful in illustrating real-world impact.

Mason’s Story

Mason was one of four educational audiologists in a regional educational facility that provides services to local school districts. He became concerned about the increasing numbers of requests for audiological evaluations of students.

The union representative suggested that their first step would be to bring their concerns to their immediate supervisor. The audiologists said that the supervisor had already indicated that there was no additional funding available for any more staff. However, when approached again, the supervisor offered to meet with them to review their situation and to brainstorm solutions. During that meeting, the supervisor reiterated that there were no funds for additional staff, and she recommended that the audiologists write their reports during their 30-minute preparation time. The audiologists did not see this as a viable solution. They returned to their union representative and explained that the situation had not been resolved in their recent meeting with the administration.

The representative went to the union leaders, who agreed to investigate the situation on behalf of the audiologists. The union reviewed the number of hours needed to (a) complete evaluations and reports and (b) attend individualized education program (IEP) meetings. This review indicated that staffing numbers were not sufficient to meet the needs of the department, and the union requested that the facility hire an additional audiologist. Based on the documentation, and in response to the union’s request, the administration hired another audiologist. As a result of this incident, Mason and his colleagues felt that the union better understood their needs and would more adequately represent them in the future. They also began to get more involved in their union activities.

A Key Realization

The union played a pivotal role by listening to the concerns, escalating the issue and using evidence to reach a solution. This kind of engagement can lead to stronger representation and better outcomes over time.

What Happens When You Reach an Impasse?

When an impasse occurs, negotiations stall, and at least one party believes that continuing the negotiation process is pointless. An impasse may be resolved through the following strategies:

Mediation: A neutral third party helps both sides reach an agreement through suggestions and advice. This process is voluntary and non-binding.
Fact-Finding: A neutral third party holds a formal hearing to gather and report facts. Both sides present their cases, and the factfinder (who is an individual from the third party who is appointed to serve in this role) issues a public report with recommendations, hoping to pressure both parties to agree.
Advisory Arbitration: An impartial third party reviews the dispute and makes a non-binding decision, strongly recommending that both sides agree.
Binding Arbitration: This type of arbitration is similar to advisory arbitration, but the decision is final, and both parties must accept it.
Strikes and Slowdowns: The union may call a strike or a work slowdown to pressure management. Some states prohibit public employees from striking.