Drafting Contract Proposals

The written contract proposals are based on the prioritised issues of the contract proposal meetings and bargaining surveys.

Contract language, being different in countries and contexts, should be written with the simplest words and sentences that communicate the intended message accurately. Provide enough detail so that the meaning will be clear and easily understood. Contract language impacts how future grievances and contract disputes will be settled.

Collect contracts from your industry and examine them for examples of language you can adjust and use.

Below are examples of contract language from the informal economy.

Issue/problem: The person who supplies us with materials to make the garments in our homes refuses to provide us with sewing thread.

Contract proposal: Provide home-based garment workers with all the materials necessary to produce the goods at no cost to them. This includes, but is not limited to, fabric, buttons, zips and thread.

Issue/problem: I have no one to look after my children when I am collecting waste. I have to take them with me.

Contract proposal: Provide three crèche facilities for the young children of waste-pickers in the districts where they live by _____(date). Each crèche shall be staffed with qualified caregivers and will provide educational activities, healthy food and have well-kept, clean facilities. Inspections of the crèche shall be made by union representatives on a weekly basis and any deficiencies will be corrected within 10 days. Any disputes regarding the staffing, qualifications, cleanliness, food and upkeep of the crèches will be settled by ____ (name), the current president of the Childcare Association, whose decision will be final, in writing, and will be completed within 3 days of receipt of a written complaint from the union. Union representatives shall be given full access to the crèche at all times.

https://www.wiego.org/sites/default/files/resources/files/ICC4-Collective-Bargaining-English.pdf

Contract Demands of Street Vendors to the Durban Metro

1. Establish an independent Commission of Enquiry into all Facets of Corruption surrounding the issue of street-trade permits. Terms of reference to be approved by street vendors and their democratically elected representatives.

2. Develop a database listing all street vendors (with and without permits) operating in different areas of Durban in co-operation with street vendors and their democratically elected representatives, providing the following information:

i. name and gender of vendor

ii. description of type of work

iii. area of operation

iv. whether the vendor holds a valid permit, until what date

v. any special considerations which may apply.

3. Integrate our organisations in the Ethekwini Informal Economy Forum (EMIEF):

(i) Send us the minutes of all previous meetings

(ii) Send us a schedule of the dates of meetings for 2007

(iii) Invite us to all meetings of the Forum.

4. Involve street vendors and their democratically elected representatives in negotiations over increases of all fees (including permit fees) payable by street vendors. Any unilaterally adopted increases are to be suspended until the completion of negotiations.

5. Urgent implementation, with the full participation of street vendors and their democratically elected representatives, of “Section 4 – Implementation Framework” of the Review of Informal Economy Policy developed by Gabhisa Planning and Investments and Urban-Econ: Development Economists in 2006.

6. Adopt and commit to the WCCA Campaign demands of StreetNet International.

(Presented to Durban Metro on 4 June 2007 by Phoenix Plaza Street Traders Association, Siyagunda Association and The Eye Traders Association)

https://www.wiego.org/sites/default/files/migrated/resources/files/ICC4-Collective-Bargaining-English.pdf

Plan how you will:

Gather relevant language from previous contracts, grievances, and bargaining notes.
Collect model contract language and examples from other collective agreements in your industry and country.

The following are some general phrases that will help you write clear proposals:

“The employer must…” or “the employer shall…” is better than “the employer will consider…”. We don’t want the employer to say that they considered doing what we wanted, but decided not to.
“Workplace delegates shall have the right to…” is better than “the employer will provide reasonable opportunity to…” What seems reasonable to you might not seem reasonable to the employer. Define what is reasonable in advance. For example, “delegates shall have the right to meet with workers during work time to discuss grievances or work related problems”.
“The most senior employee…” is better than the most senior qualified employee as judgements about qualifications can be arbitrary and discriminatory.
“Leave shall be granted if…” is better than “leave may be granted…” “May” usually is interpreted to mean it is up to the employer. Use “shall” instead.
“The employer shall purchase and provide safety and health equipment, included but not limited to gloves and masks…” is better than “The employer shall provide gloves and masks as safety equipment” because in the future there may be a need for additional equipment such as safety boots. In addition, the company could argue that the word “provide” merely means that it must make equipment available for employee purchase.
“____ is available after April 1 and before May 8” or “____ starts on April 1 and must be exercised on or before May 8” is clearer than “____ extends from April 1 to May 8” as this is not clear about whether April 1 or May 8 is included.
“A committee of not more than four members” is clearer than “a committee of up to four members” since the later is not clear on whether three or four members are included.

You may need to be careful about asking for more specific language than you know you can win in bargaining, particularly if the current contract language has not been defined clearly or interpreted by an arbitrator. For example, you might have current contract language that says, “Workers shall be provided with a reasonable number of breaks to minimize eye strain.” Ideally, you would want to get rid of the word “reasonable” and negotiate breaks of a specified length every so many hours. But if you ask for specific limits and don’t win them in negotiations, a future grievance arbitrator may say that the union is trying to win in arbitration what it could not win in negotiations. Think about whether you are more likely to succeed in arbitration or at the negotiating table and plan your strategy accordingly.

Ensure that no contract proposals have a discriminatory effect on groups of workers.

Make sure that language in one part of the contract does not contradict language in another part of the agreement.

Avoid different terms for the same person or entity.

Use headings where possible.

Use gender-neutral language. S/he/they or his/her/theirs or simply they and theirs will most accurately reflect the workforce.

Before proposing or agreeing to language, have a number of people check it.

☐ Workers who are most affected by the language may be able to see problems that the bargaining team did not think of.
☐ Union leaders and delegates who have worked with the contract over a number of years can help gather information from past grievance and arbitration records.
☐ Past bargaining team members can help review notes and records from previous negotiations
☐ Attorneys with their legal experience may identify problems.
☐ People who have no connection to the workplace or union can also check the common sense interpretation and help catch confusing or contradictory wording.

Decide who will draft the contract proposals and who will review them.

Identify any specific workers and workplace leaders who should review particular proposals due to their direct experience or knowledge of the issues.

Create a timeline with deadlines for completion of contract language drafts.