Speaking Out
Compromise Is Not Concession
Interest-based bargaining. Collaborative problem solving. Win-win. Mutual
gains. No matter what you call the emerging new approach to union-management
relations, it has become clear that college faculty and administrators can make
extraordinary progress when they approach the problems facing their
institutions with a shared vision.
At Mott Community College in Flint, Michigan, many of the unions on our
campus, including two NEA affiliates, use a problem-solving approach to
bargaining.
The faculty union at MCC has an excellent contract and a proud 30-year
history of traditional bargaining. We still use traditional negotiations in our
regular contract talks. But, in 1994, long-time local President Leatha
Terwilliger pushed to have a "collaborative problem solving" section
added to our contract.
Terwilliger understood that some bargaining issues are best dealt with in
partnership with parties who know the technical aspects of the issue at hand.
So, at the end of our 1997 round of bargaining, two such issues, professional
development and intellectual property rights, were put aside and assigned to
problem-solving committees.
For 16 months, our faculty representatives met with counterparts from the
administration to focus on intellectual property rights for distance learning
courses.
The committee met off-campus, using a neutral facilitator. The result: an
agreement that outlines an equitable process for the creation, distribution,
ownership, and revenue sharing of distance-learning course materials at the
college.
The agreement was overwhelmingly ratified by the faculty and lauded by the
college board of trustees.
This new language on intellectual property rights could not have been
achieved without our joint problem-solving approach.
The agreement has won positive reviews nationally, from both faculty at the
1999 NEA Higher Education conference and at the American Association of
Community Colleges, a group made up largely of college presidents and
administrators. Our experience with the problem-solving process for
intellectual property rights negotiations has proved to us that compromise
doesn't necessarily mean concession.
You can view the agreement and our intellectual property language on our Web
site: www.mccea.org/.

Steve Robinson is president of the Mott Community College
Education Association and a member of the Michigan Education Association Board
of Directors.
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