GROUND RULES AT THE BARGAINING TABLE
 
Ground rules are usually one of the first items that the parties negotiate when the bargaining process begins. The purpose of having ground rules is to expedite and facilitate the bargaining process. They should never become a hindrance or cause for a delay to the process. They can (and perhaps should) be agreed upon in short order, at the first session.
 
Written vs. verbal ground rules
Either written or verbal ground rules may be appropriate depending on the history and culture of the bargaining unit and relationship of the parties involved. It is not necessary to always have written ground rules. Here is a typical list of standard ground rules:
 
     Ground rule examples
 Additional items that the union often proposes as a part of the ground rules are:
  
Management preferences
It is not unusual for management to propose a list of ground rules that inhibits the process, grants them undue control over the bargaining table, or minimizes the role of the membership. Furthermore, an inordinate amount of time can be wasted by management’s insistence on their version of ground rules. Their items might look like this: 
  
     
Permissive issue
Ultimately, it is important to remember that the subject of ground rules is a permissive issue. This means that the parties do not have to reach agreement in order to begin the bargaining process. While reaching an agreement on ground rules is usually preferred, the bargaining process can begin without a final agreement being reached. The management team would often like the union to believe differently.
Recently, we have seen highly-paid management consultants/union-busting attorneys who specialize in this shoddy behavior. Their designed purpose is to plant the seeds of frustration early around ground rules rather than attempt to reach an agreement. This is a disservice to both parties and an abuse of the process. No one should fall for this obnoxious tactic.