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SECTION 25.05: PROTECTIVE CLOTHING, EQUIPMENT, TOOLS
Employer-provided safety equipment remains the property of the Employer. The Employer
agrees to provide the following to employees.
25.05 a. Protective Footwear
The Employer agrees to reimburse employees for protective footwear that meet ANSI standard
ASTM F2413. Proof that the shoes meet the ASTM 2413 standard and a receipt are required for
reimbursement. Proof would entail either an original receipt, website description of the product
stating it is OSHA approved, or proof of OSHA approval on tags on the boots once bought.
Shoes that are reimbursed by the employer are only to be worn while at work.
25.05 b. Allowances
Allowance of $200.00 will be provided for one pair of protective footwear for Spring/Summer
use and one pair of protective footwear for Fall/Winter use every 2 years.
25.05 c . Care and Maintenance of Footwear
It is the responsibility of the employee to care for and maintain footwear.
25.05 d. Damaged Footwear
It is the responsibility of the employee to report damaged footwear to the immediate supervisor,
including proof as to how the footwear became damaged.
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25.05 b. “Wet Conditions” Gear
Employer shall provide “Wet Conditions” work gear of various types as deemed necessary and
appropriate in accordance with OSHA Standard 29 CFR 1910 guidelines. This Wet Conditions
gear shall include but not be limited to high visibility rain gear and/or hip waders as deemed
necessary. This equipment will be provided through a check-out and return process managed by
the PPE Committee. The Employer will maintain ownership of the Wet Conditions gear and will
be responsible for its replacement when worn or damaged beyond use.
25.05 e. Implementation and Provisions
Employer-provided safety equipment remains the property of the Employer.
Personal Account of Negotiation Process
The main challenges that the management team endured during the discussion and negotiation
were how much to allow for the employer reimbursement of employee footwear, how often to
provide the reimbursement, and how to address the wear and tear of the footwear. It appeared
that several members of the team had different views on how much should be paid out as the
labor team was attempting to request more. An agreement was made for $200.00 for two pairs of
footwear every two years. There was also discussion on whether or not to allow the employees to
have a choice on which type of footwear (including different styles or brands) that they could
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wear. It was agreed upon to allow the employees to have flexibility on which footwear they
wanted, however, the footwear has to be approved by the employer’s standards that are outlined
in the collective bargaining agreement. Lastly, it was a challenge to come to an agreement on the
verbiage, which in a labor-management agreement must be detailed and encompasses all
elements as it is legally binding. The other positions presented were not well supported and did
not provide sufficient detail in order to come to an agreement in good faith. To say that
management is not providing enough compensation for the reimbursement, or that employees are
requesting the benefit too often is not sufficient in order to come to an agreement between labor
and management.
Integrative or interest-based bargaining refers to the potential for both parties' interests to
be combined in order to create joint value or benefit. On the other hand, distributive bargaining is
typically used by claiming the value in the negotiation at the expense of the other party. In other
words, one party gains only if the other party loses something. In this case, interest-based
bargaining fits best due to the compromise on both ends. The two parties were not negotiating
over a fixed resource where one party gets more than the other. The negotiation was flexible and
equally favorable for both management and labor. Both sides did have to compromise to meet the
needs of the other side, which would be more integrative in nature.
The role of the instructor as a mediator did assist the team considering there was a
moment where the discussion got sidetracked and it took the group along with the mediator
collectively to focus on the main points of the negotiation.
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Overall, looking back at the discussion it is clear to see the importance of negotiation and
collective bargaining in the workplace. This type of agreement is explicit and detailed as it
remains the basis for employees' rights and allowances. Negotiation works best when both sides
are well informed, involved, and uphold good faith.
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Works Cited
Barrows, K. (2021, October 13). The union difference for working professionals -
department for professional employees, AFL. CIO. Retrieved April 5, 2022, from
https://www.dpeaflcio.org/factsheets/the-union-difference-for-working-professionals
Interest-based bargaining. Department of Labor & Industry. (n.d.). Retrieved April 5,
2022, from https://www.dli.pa.gov/Businesses/Labor-Management-
Relations/mediation/Pages/Interest-Based-Bargaining.aspx
Walter, N. (2018, May 3). Distributive bargaining. Beyond Intractability. Retrieved April
5,
2022, from https://www.beyondintractability.org/coreknowledge/distributive-bargaining
