Episode 45
The Power of No in Bargaining

No might be the scariest word in negotiations where the goal is to reach an agreement where both sides can say yes. But could there be an upside to the use of No in bargaining? Join Chris and Matt as they talk about ways that a nuanced use of No can be a helpful tool in the negotiations process.

References:

• Neve Split the Difference, Chris Voss
• Start With No, Jim Camp

• Three Kinds of No, James Sebenius

Episode 44
The Virtues of Active Listening in Bargaining

The virtues of active listening have long been touted for its benefit in relationship building and understanding. But modern research has examined how active listening can lead to depolarization and stronger working environments, which we explore on this episode.

References:

• Listening to Understand

• Communicating for Workplace Connection

Episode 43
Interest Arbitration - 2023 Trends and Insights

Learn how interest arbitrators decided on issues as wages in times of high CPIs, recruitment and retention in tight labor markets, drug testing in light of legalized cannabis, and scheduling challenges. What trends that might impact today's bargaining, particularly for those with interest arbitration available to them when they reach impasse.

References:

• Interest Arbitration Report

Episode 42
PERColator Profile with Cathy Callahan

Loyd interviews former PERC Executive Director Cathy Callahan.

References:

• North Thurston Educational Foundation

• In a Landscape

Episode 41
What Should Negotiators Know About Representation Cases?

Emily Whitney and Dario de la Rosa from PERC and Nicole Thibodeau from the Alaska Labor Relations Agency join us for a discussion of representation processes at PERC and ALRA and why they are important to labor negotiators.

References:

• Washington State PERC

• Alaska Labor Relations Agency

Episode 40
Daniel Kahneman Tribute Episode

Chris and Loyd discuss the life and work of Daniel Kahneman who recently passed away.

References:

• Daniel Kahneman, Who Plumbed the Psychology of Economics, NYT (nytimes.com)

• Thinking, Fast and Slow by Daniel Kahneman | Goodreads

Episode 39
Mental Health Discrimination in Negotiations

Mediator, author, and mental-health advocate Dan Berstein discusses various approaches and systems for ending discriminatory practices against individuals with mental health conditions.

References:

• Mental Health and Conflicts: A Handbook for Empowerment

• Overcoming Avoidance of Diversity Tools in Dispute Resolution

• Speak Up: Conflict Resolution Skills for Self-Advocacy

• Vetting Dispute Resolution Guidance

• Preventing Mental Illness Discrimination in Dispute Resolution

• Ending Mental Illness Discrimination in Dispute Resolution (2023 Updates)

Episode 38
The Science (and Art) of Persuasion in Bargaining

This episode examines the six principles of persuasion drawn from the book, Influence: The Psychology of Persuasion, and considers how these principles apply to the world of collective bargaining.

References:

• Influence: The Psychology of Persuasion, Robert Cialdini

Episode 37
PERColator Profile with Alice Phillips

Alice Phillips shares advice, stories, and tips that she’s learned over her decades long career as a union leader. Alice will be speaking at the NW LERA Conference on March 28, Register using the link below.

References:

• NW LERA Conference Registration, March 28-29

Episode 36
Managing Conflict Mindfully Book Club

Your co-hosts of The PERColator Podcast sit down for a book club discussion of Leonard Riskin's recent book, Managing Conflict Mindfully.

References:

• Managing Conflict Mindfully, Leonard Riskin

Episode 35
Book Club

After a brief hiatus, we are excited to be back with a new book club episode where Emily, Chris and Loyd share out some negotiations-related books they’ve read recently.

References:

• Flourish, Martin E.P. Seligman

• Think Again, Adam Grant

• Managing Conflict Mindfully, Leonard Riskin

Episode 34
To Trust or Not to Trust

Chris and Loyd talk about game theory and trust in negotiations.

References:

• The Evolution of Cooperation- Robert Axelrod

• Human Motivation and Social Cooperation, Ferh & Gintis

Episode 33
PERColator Profile with Marv Schurke

Get to know Marv Schurke who shares stories, tips, and advice from his experiences as PERC's first executive director, as a private arbitrator, at the Wisconsin Employment Relations Commission, and as a management representative in the private sector prior to being an impartial in the field.

Episode 32
ALRA Advocates’ Day 2023

Advocates' Day at the Association of Labor Relations Agencies annual conference takes place July 17 in Vancouver, B.C. In this episode, we talk about some agenda highlights that might be of interest to PERColator Podcast listeners (and Emily puts out a book club challenge!).

References:

• ALRA Conference Registration

• Advocates' Day Agenda

• Book, Railroaded...

Episode 31
Can Effective Negotiators Be Nice?

A March 2023 congressional hearing involving US Trade Representative Tai and Congressmen Murphy raised an important topic concerning the traits of an effective negotiator and whether a negotiator's "niceness" makes them less effective in bargaining.

Episode 30
Last, Best, and Final Offers

A panel discussion on what last best and final offers are, their implications in the bargaining process, and practical considerations to think of when deciding whether or not to make a last best and final offer and how to respond to them.

Episode 29
PERColator Book Club featuring Star Wars, Chief Leschi and Addie Fletcher-Booth

What can negotiators learn from the stories of Star Wars, Chief Leschi, and groundbreaking Washington labor leader Addie Fletcher Booth? In this book club episode, Chris, Emily and Matt share interesting negotiations and labor relations books and resources.

References:

• NW LERA Conference Registration

• Dr. Quintard Taylor Jr.'s Website

• BlackPast.org

• Cobbins-Modica, Q. (2023, February 22). Addie Fletcher Booth (1902-1996)

• Puget's Sound

• Blind Spot: Hidden Biases of Good People

• Project Implicit

• Star Wars and Conflict Resolution

Episode 28
PERColator Profile with Lorraine Wilson

The next in the series of PERColator Profiles, get to know Lorraine Wilson share her experience as a school district lawyer and labor relations negotiator. 

Episode 27
Hot Topics in Labor Law: A Conversation with Jennifer Abruzzo and Mike Sellars

Hear insights from Jennifer Abruzzo, General Counsel of the NLRB and Mike Sellars, Executive Director of the Washington PERC on some of the main labor law topics of the day.

References:

• General Counsel Memos

• NLRB.gov

• PERC.wa.gov

Episode 26
Is Negotiations Like Chess?

A conversations with PERC's Loyd Willaford about how negotiations is and is not like the game of chess.

References:

• How Life Imitates Chess: Making the Right Moves, from the Board to the Boardroom by Garry Kasparov | Goodreads
  

• The Art of Negotiation: How to Improvise Agreement in a Chaotic World by Michael A. Wheeler | Goodreads
  

Episode 25
The State Bargaining Process and the Summer of 2022

A chat with three negotiators, who were at the table this summer in the latest round of bargaining between Washington State and its bargaining units. Find out how state bargaining works, what were the major themes this recent cycle, and what we can learn from the state tables about negotiation theory. 

Episode 24
Labor Reads with Marjorie Wittner

A chat with Marjorie Wittner, the Chair of the Massachusetts Commonwealth Employment Relations Board, about labor relations and conflict resolution related books and popular culture. 

References:

• Good Labor Reads
  

Episode 23
PERColator Profile with Eric Nordlof

Welcome to the next in our series of PERColator Profiles where we get to know an experienced labor relations professional. Today, we profile Eric Nordlof, who shares his experience as a union lawyer, employer-side labor relations consultant, and author. 

Episode 22
Public Sector Labor Negotiations and Private Sector Labor Law

Join special guest Amanda Clark, a shareholder with the Asher, Gittler & D’Alba, Ltd., a labor and employment law firm in Chicago and explore how understanding the National Labor Relations Act and private sector labor law benefits state and local public sector labor negotiators. 

Episode 21
The Power of Apologies in Bargaining with Guest Myla Hite

Join us as we explore what makes a good apology and how they can help make you a more effective negotiator while building better relationships with your labor partners.

References:

• Why do people sue doctors?
  

• Why do people sue doctors?
  

• Apologies and Good Lawyering
  

Episode 20
PERColator Profile with Sue Bauman

Welcome to the inaugural PERColator Profile! Where we get to know an experienced labor-relations professional. Today, we profile Sue Bauman who joins us to share her experience as a teacher, union leader, lawyer, elected official and labor neutral.

Episode 19
Emotions at the Bargaining Table, The Core Concerns Approach

This episode details the Core Concerns Approach, a method for constructively addressing emotions at the bargaining table.

References:

• Beyond Reason: Using Emotions as You Negotiate
  

• The Five Core Concerns Approach Infographic
  

Episode 18
Bargaining in the Age of High Inflation

A panel discussion concerning how negotiators are confronting CPI amounts at historic levels and how that is impacting the bargaining process.

Special Guests:
Debbie Brookman
Sarah Lorenzini
Shannon Phillips

Episode 17
Liberating Structures with Guest Tom Melancon

A chat with guest Tom Melançon, Strategy Officer at the Federal Mediation and Conciliation Service, about Liberating Structures. Liberating Structures are facilitation tools that may help negotiators in bargaining, within teams, or to improve conversations. 

References:

• Liberating Structures
  

Episode 16
ALRA Advocates’ Day with Guest Sarah Cudahy

Meet special guest Sarah Cudahy of the Federal Mediation and Conciliation Service and learn about ALRA’s program for Advocates' Day at the virtual conference being held July 25th 2022

References:

• Association Of Labor Relations Agencies
  

• ALRA Conference Registration & Agenda
  

• Economist Jim Stanford, Director of the Centre for Future Work,
  

• Federal Mediation and Conciliation Service
  

Episode 15
The Spaces We Bargain - Part 3

A review of both the pros and cons of different bargaining forums, from online to in-person negotiations

References:

Episode 14
The Spaces We Bargain - Part 2

A discussion of different criteria and questions that parties may pose in considering the merits of different bargaining forums.  

References:

Episode 13
The Spaces We Bargain - Part 1

Taking stock of the world of negotiations in 2022, this episode explores the different forums now available to conduct negotiations. 

Episode 12
The Extended Mind - Part 3

This is Part 3 of a three-part interview with science writer Annie Murphy Paul, author of The Extended Mind.

References:

• The Extended Mind
  

Episode 11
The Extended Mind - Part 2

This is Part 2 of a three-part interview with science writer Annie Murphy Paul, author of The Extended Mind.

References:

• The Extended Mind
  

Episode 10
The Extended Mind - Part 1

This is Part 1 of a three-part interview with science writer Annie Murphy Paul, author of The Extended Mind.

References:

• The Extended Mind
  

Episode 9
Northwest LERA 2022

Join us for this bonus episode highlighting the work of the PERC Negotiation Project at this year's Northwest LERA conference.

References:

• NW LERA Conference Agenda & Registration
  

• Human Element
  

• Difficult Conversations
  

Episode 8
Determining Bargaining Intent

This episode examines the problem of determining contract intent and offers some practical tools parties may utilize to clarify and document bargaining intent.
Special Guest: Bob Oberstein

References:

• Keeping Track of The Action
  

• Management Housekeeping Proposal
  

• Union Work Rule Proposal
  

Episode 7
Interest-Based Bargaining

Explore Interest-Based Bargaining, or IBB, a collaborative tool for contract negotiations.

References:

• Interest-Based Problem Solving
  

Episode 6
Interests

An exploration of what interests are, how to discover them, and how they can help in your negotiations.

References:

• Interests Video
  

• Questions to Uncover Interests Video

• Carrie Menkel-Meadow,
  "The structure of problem solving"

Episode 5
The Bargaining Table

How paying attention to the bargaining table setup can change the dynamic in your negotiation for the better.