What happens if we cannot reach an agreement?

Most states have impasse resolution procedures — typically mediation, then fact-finding or interest arbitration, depending on the bargaining unit and state statute.

Should we hire a chief negotiator or negotiate internally?

It depends on your team's experience. Organizations without dedicated labor relations staff generally benefit from an outside chief negotiator who brings objectivity and expertise.

How do we decide which comparable agencies to use?

Select agencies based on population served, budget size, services provided, geographic proximity, and labor market overlap. Aim for 10-12 comparables.

What is the biggest mistake public employers make in bargaining?

Failing to model the total cost of proposals before agreeing to them. This includes not accounting for step increases, retirement effects, and compounding over the contract term.

How to Prepare for Collective Bargaining: A Public Employer's Complete Guide

10 min readcollective bargaining

Collective bargaining negotiations can feel overwhelming — but the organizations that prepare thoroughly consistently reach better agreements. This guide walks public employers through the essential steps to prepare for bargaining, from building your team to modeling total labor costs before the first session.

Step 1: Assemble Your Bargaining Team

Start by identifying who will serve on your bargaining team. At minimum, you need someone with HR expertise, someone with financial authority, and someone familiar with operations. Many public employers also retain an outside consultant to serve as chief negotiator or provide analytical support. Define roles clearly before bargaining begins.

Step 2: Review Your Current CBA

Thoroughly review your current collective bargaining agreement. Identify provisions that are unclear, costly, or operationally problematic. Make a list of changes you want to propose and provisions you want to protect. Note any contract language that has caused grievances or disputes during the current contract term.

Step 3: Gather Comparable Agency Data

Build a list of 10–12 comparable agencies based on population served, budget size, services provided, and geographic proximity. Collect their salary schedules, benefits packages, and key contract provisions. This data will form the foundation of your negotiating position and will be critical if the dispute proceeds to mediation or interest arbitration.

Step 4: Model Your Total Labor Costs

Before you put a single proposal on the table, you need to understand what your current contract costs — and what proposed changes would cost. This includes salary, retirement contributions, health insurance, payroll taxes, and overtime. Many employers use AI-powered cost modeling tools to produce accurate, auditable cost analyses in hours rather than weeks.

Step 5: Develop Your Bargaining Strategy

Establish your bargaining philosophy and goals in writing before negotiations begin. What are your must-haves? What are your nice-to-haves? What is your walk-away point? How will you respond if the union files for mediation or requests interest arbitration? Having clear answers to these questions before you sit down at the table keeps your team aligned throughout the process.

Step 6: Prepare for Opening Sessions

Draft your opening proposals carefully. Each proposal should be grounded in data and aligned with your strategy. Prepare cost models for every proposal so you can explain the financial rationale clearly. Agree on ground rules with the union before bargaining begins — covering meeting schedules, proposal exchange procedures, and confidentiality.

Pro Tips

Assign a dedicated cost analyst to your bargaining team

Having someone who can model proposal costs in real time prevents the most common and expensive mistakes in public-sector bargaining.

Review grievance arbitration decisions from your current contract

Arbitration decisions reveal how ambiguous contract language has been interpreted, which informs your proposals for clearer language.

Prepare a 'what-if' cost model for the union's likely opening proposal

Being able to immediately quantify the union's first proposal demonstrates preparation and prevents agreeing to unknowns under pressure.

Brief your governing body on bargaining parameters before you start

Elected officials who understand the financial constraints before bargaining are more supportive when ratification time comes.

Frequently Asked Questions

Most public-sector negotiations take 3-6 months, though complex negotiations or those that go to impasse can take a year or more.

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