Collective Bargaining - NL

Collective Bargaining Newsletter

No. 2, September 2024

The Power of Framing Strategies: Influencing Decision Making in Negotiations

Collective bargaining is a complex social process. Negotiators often experience tensions over perceived zero-sum options, power, levels of trust or the politics of the workplace. As a result, there are often assumptions, even stereotypes, about expected negotiator behaviours during the process. Collective bargaining is sometimes characterized as a “war” or “battle”, leaving some observers unsatisfied unless there’s volume, even vitriol in the negotiators’ exchanges. These assumptions, whether real or imagined, set anchors for negotiators – they develop scripts, schemas, or expectations of interpersonal dynamics. They can become exaggerated, particularly for less experienced negotiators, leaving some thinking that successful negotiations require this overtly “tough” behavior. Mix these factors with adrenaline and a pail of coffee and many negotiations start off in a confrontational manner – one side jumps right into demands and the other side into rejections.

Anyone who has participated in our advanced negotiation courses will recall the emphasis placed on controlling the process and shaping the atmosphere between the negotiation teams. To do so a strategy called “issue framing” (or just “framing”) is useful and involves a negotiator’s ability to build a narrative around a specific purpose with the objective of influencing decision making. Framing strategies are useful in establishing normative and acceptable behaviors early in the bargaining process.

Skilled negotiators know the importance of a well-structured opening statement – one that serves multiple purposes. First, a negotiator should outline their understanding of appropriate decision-making standards – how decisions have been made in successful negotiations in the past; how decisions are made in the sector, and how they will apply to the negotiations at hand. In doing so the negotiator establishes, early, the guiding principles around a key factor in the process. Doing so before temperatures rise based on specific proposals will create an important anchor point that can be repeated when disagreements arise. Second, negotiators should also establish normative behaviors – showing up on time, being prepared to make full use of the time allotted for negotiations, or delivering on commitments previously made. Since one purpose of bad behavior in collective bargaining is to create frustration leading to poor decision making, the early setting of behavioral expectations will serve to balance the power between the parties. What does framing look like? Here are two examples:

Negotiator (no frame)

Our salary proposal is 5%.

Negotiator (issue frame)

In the past, when we have successfully negotiated collective agreements we relied on these four comparators, and our analysis of their settlements today indicate that a fair negotiated outcome for our members is 5%.

While this example is a specific issue-frame, the same strategy can be applied in a general frame, like in an opening statement.

Negotiator (general frame)

We have considered the many successful collective agreements we have negotiated over the last decade, and in each both the Association and the Employer have agreed that the best decisions reflect the working conditions in similar workplaces. This standard is used across the sector and is seen by everyone as fair. We see no reason not to use it in our discussions today.

Understanding framing strategies is an important tool for negotiators. While not an exhaustive review of the negotiation literature, one study found that skilled negotiators used a framing strategy in 38% of their negotiation interactions, while only 11% of unskilled negotiators understood its application (Rackman, 1985). Though an older study, the results of the Rackman study provide some insight into the difference between skilled and unskilled negotiators in the context of reframing to change the atmosphere in negotiations.

The real value of these strategies is seen in how the other side responds to the effective use of framing. In another study, researchers found that when confronted with an overly forceful style, effective negotiators redirected the conversation through reframing and not reciprocating. The researchers found this strategy was successful 77% of the time in changing the atmosphere in the bargaining room (Lytle, et al, 1999). Negotiators will often “match” the behavior they experience in the back-and-forth of the process.

Summary

Effective framing requires negotiator discipline and careful planning. Altering judgement and behavior requires attending to the ways in which people interpret or construe the environment in which they interact. Controlling the room is one of the primary tasks of an effective negotiator.

Lytle, A., Brett, J., & Shapiro, D. (1999). The strategic use of interests, rights, and power to resolve disputes. Negotiation Journal, 15(1), 31-52.

Rackham, N. (1985). The behavior of successful negotiators. In R. Lewicki & J. Letterer (Eds), Negotiation: Readings, exercises and cases, pp. 45-57, Irwin.

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For more information about COLE LABOUR, visit our website here.

COLE LABOUR

Bill Cole created COLE LABOUR in early 2023 to focus on collective bargaining, interest arbitration, negotiation training and organizational development for labour unions, with a particular focus on first responders and health care. Bill has extensive experience representing unions in collective bargaining in the police, firefighter, health care, airline pilot, hotel workers, steelworkers, broader public and private sectors. He has wide-ranging experience in mediation and interest arbitration in multiple sectors and jurisdictions across Canada. Bill has developed and delivered introductory, intermediate, and advanced negotiation training to thousands of union representatives across North America. He is the co-author of The Art of Collective Bargaining available at Thomson Reuters.

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