Getting To Yes! William Ury - Part 1

TU DUY LANH DAO
11 Aug 201925:47

Summary

TLDRIn the video workshop 'Getting to Yes,' negotiation experts Roger Fisher, William Ury, and Bruce Patton introduce strategies to transform confrontational negotiations into collaborative problem-solving. They emphasize the importance of understanding underlying interests over fixed positions, using the radio station negotiation as a case study. The workshop illustrates how to prepare effectively, invent options, and explore mutual gains, aiming to elevate negotiators to an 'Olympic' level of skill.

Takeaways

  • πŸ˜€ Negotiation is a skill that can be improved with practice, much like an athlete's performance with coaching.
  • 🀝 The traditional view of negotiation as adversarial can be shifted to a collaborative problem-solving approach, focusing on mutual interests.
  • πŸ† The goal of negotiation should be to reach an agreement that satisfies both parties' underlying interests, not just to assert one's position.
  • πŸ§˜β€β™‚οΈ Effective negotiation requires the ability to see the situation from the other party's perspective, understanding their motivations and concerns.
  • πŸ” It's crucial to look beyond stated positions to uncover the real interests behind them, which can lead to creative solutions that meet both parties' needs.
  • πŸ› οΈ Preparation is key in negotiation; the quality of preparation can determine the success or failure of the negotiation before it even begins.
  • πŸ’‘ Generating a wide range of options is essential in negotiation; this helps to explore various ways to meet the underlying interests of both parties.
  • πŸ”‘ Understanding the distinction between positions and interests is vital; positions are demands, while interests are the motivations behind those demands.
  • πŸ€” Asking 'why' is a powerful tool in negotiation; it helps to delve deeper into the reasons behind a party's stated position and uncover their true interests.
  • 🀝 The process of negotiation should involve joint problem-solving with a focus on finding an agreement that both parties can accept and that doesn't leave potential joint gains on the table.
  • 🌟 The video emphasizes the importance of continuous learning and improvement in negotiation skills, drawing parallels to professional athletes who always seek to enhance their performance.

Q & A

  • What is the main theme of the video workshop 'Getting to Yes'?

    -The main theme of the video workshop 'Getting to Yes' is to teach negotiation skills by transforming adversarial confrontations into collaborative problem-solving.

  • Why do the presenters compare negotiation skills to those of an athlete?

    -The presenters compare negotiation skills to those of an athlete to emphasize that, just like natural athletic ability, negotiation skills can be significantly improved with coaching and continuous learning.

  • What is the difference between a negotiator's position and their interests according to the script?

    -A negotiator's position refers to the concrete demands or terms they state they want, while their interests are the underlying motivations, needs, desires, concerns, and aspirations that lead them to take those positions.

  • Why is it important to understand the other side's interests in a negotiation?

    -Understanding the other side's interests is crucial because it allows you to put yourself in their shoes, see the world as they do, and craft a solution that meets both parties' interests, leading to a more successful negotiation.

  • What is the concept of BATNA in the context of the video?

    -BATNA stands for 'Best Alternative To a Negotiated Agreement.' It refers to a party's best alternative option if they cannot reach a negotiated settlement.

  • How does the script illustrate the process of uncovering underlying interests in a negotiation?

    -The script illustrates this process through the example of the radio station negotiation, where Roger Fisher asks questions to understand the owner's and the company's real needs and concerns behind their stated positions.

  • What is the significance of preparation in the negotiation process as highlighted in the script?

    -Preparation is highlighted as a critical component of successful negotiation. It involves understanding one's own interests and those of the other party, and it can significantly affect the negotiation's outcome.

  • What is the role of empathy in the negotiation process according to the video?

    -Empathy plays a crucial role in negotiation as it enables a negotiator to understand the other party's perspective, motivations, and interests, which is essential for crafting mutually beneficial agreements.

  • Why is it suggested to focus on the process of negotiation rather than just the substance?

    -Focusing on the process of negotiation helps negotiators to be more flexible and adaptable, to explore a range of possible agreements, and to ensure that the negotiation is not just about meeting one's own position but also satisfying underlying interests.

  • What is the purpose of inventing options in a negotiation?

    -The purpose of inventing options is to explore various ways in which the underlying interests of both parties might be met, broadening the scope of possible agreements and facilitating the creation of mutually beneficial solutions.

  • How does the script address the issue of one-sidedness in negotiation?

    -The script addresses the issue of one-sidedness by encouraging negotiators to broaden their repertoire of skills, to avoid focusing solely on their most confident skills, and to consider the interests and perspectives of the other party.

Outlines

00:00

πŸ“š Introduction to Negotiation Workshop

The script introduces the video workshop 'Getting to Yes', focusing on negotiation techniques. It features Roger Fisher, William Ury, and Bruce Paton, who aim to convert confrontational negotiations into collaborative problem-solving. The paragraph emphasizes the importance of negotiation skills, comparing them to athletic abilities that can be improved with coaching. It also highlights the need to focus on the process of negotiation rather than just the outcome, using the metaphor of the 'negotiation Olympics' to inspire skill development. The script sets the stage for a series of examples and discussions on improving negotiation strategies.

05:01

🀝 The Importance of Understanding Interests in Negotiation

This paragraph delves into the concept of distinguishing between positions and interests in negotiation. It uses the example of a radio station negotiation to illustrate the point that positions are concrete demands, while interests are the underlying motivations. The speaker, Roger, guides the potential buyer to look beyond the seller's position of 14 million dollars and to understand the seller's interests, such as creative control and management participation. The paragraph underscores the necessity of preparation and the ability to empathize with the other party's perspective to craft a mutually beneficial solution.

10:03

πŸ’Ό Exploring Underlying Interests and Preparation for Negotiation

The script continues the radio station negotiation scenario, with a focus on uncovering the underlying interests of both parties. It shows the importance of preparation in negotiation, suggesting that most negotiations are won or lost based on the quality of preparation. The dialogue reveals the seller's desire for creative control, management participation, and downside protection, while the buyer seeks 80% ownership for financial consolidation. The paragraph highlights the need for effective communication and the exploration of possible arrangements that could satisfy both parties' interests.

15:07

πŸ›  The Process of Inventing Options in Negotiation

This paragraph introduces the concept of inventing options as a crucial part of the negotiation process. It emphasizes moving away from fixed positions and towards a collaborative creation of potential agreements that can meet the underlying interests of both parties. The script presents a labor negotiation scenario where the facilitators, Bill and Bruce, work to shift the discussion from an adversarial stance to a productive exploration of options. The importance of focusing on interests rather than positions is reiterated, and the paragraph concludes with an invitation to brainstorm options that could satisfy both the union's and management's interests.

20:08

πŸ€” Clarifying Interests and Generating Options

The script continues the labor negotiation example, with an emphasis on clarifying the interests of both the union and management before generating options. It identifies shared interests, such as job security and long-term investment, and suggests that understanding these can lead to the invention of mutually beneficial options. The paragraph discusses the challenges of idea generation, particularly the concern of being perceived as making commitments. It advocates for brainstorming within one's own team first to create a wide range of options without the pressure of immediate decision-making.

25:09

πŸ”„ Addressing Job Security and Training Concerns in Negotiation

In this paragraph, the focus is on addressing specific concerns related to job security and training within the labor negotiation context. The script explores options such as enhancing retirement packages, implementing a mentor program, and providing job guarantees to alleviate fears of older workers being replaced. The importance of safeguarding the interests of both younger and older workers is highlighted, and the paragraph concludes with a discussion on how to create a well-trained and diversified workforce without compromising job security.

Mindmap

Keywords

πŸ’‘Negotiation

Negotiation is the process of discussion and compromise between two or more parties with the aim of reaching an agreement. In the video, negotiation is the central theme, with an emphasis on transforming adversarial confrontations into collaborative problem-solving. An example from the script is the discussion on the value of negotiation skills and the comparison to athletes who continually improve their performance.

πŸ’‘Adversarial Confrontation

Adversarial confrontation refers to a situation where parties in a negotiation are in opposition, often leading to deadlock. The script illustrates this with the initial radio station negotiation example, where the parties are entrenched in their positions and not effectively listening or understanding each other's perspectives.

πŸ’‘Problem-Solving

Problem-solving in the context of the video is about approaching negotiations as a cooperative effort to find a solution that satisfies both parties' interests. The script suggests that negotiation should be seen as 'side-by-side problem-solving,' where both parties work together to find a mutually beneficial agreement.

πŸ’‘Interests

Interests are the underlying motivations, needs, desires, concerns, and aspirations that lead parties to take certain positions in a negotiation. The script emphasizes the importance of understanding one's own interests and those of the other party to craft a solution that meets both sides' needs, as illustrated in the radio station negotiation scenario.

πŸ’‘Positions

Positions are the specific demands or terms that parties state they want in a negotiation, such as a certain price or condition. The script contrasts positions with interests, showing that while positions are concrete, interests are the intangible drivers behind those positions.

πŸ’‘Coaching

Coaching, in the context of the video, refers to the guidance and training that can help individuals improve their negotiation skills. The script compares negotiation skills to those of athletes, suggesting that even those with natural ability can benefit from coaching to enhance their performance.

πŸ’‘Batna

Batna, which stands for 'Best Alternative To a Negotiated Agreement,' is the option a party would pursue if they cannot reach an agreement in the negotiation. The script introduces this concept as a key element in preparing for negotiations, as understanding one's Batna can influence the negotiation strategy and outcomes.

πŸ’‘Options

Options in negotiation are potential agreements or parts of agreements that could be explored to meet the underlying interests of the parties. The script encourages the generation of multiple options to broaden the scope of possible agreements and to find creative solutions that satisfy both parties' interests.

πŸ’‘Standards

Standards in the video refer to the criteria or principles used to evaluate the fairness or appropriateness of a negotiation outcome. The script discusses the importance of having a clear set of standards to ensure that parties feel they are being treated fairly and to persuade others of the fairness of the agreement.

πŸ’‘People Issues

People issues encompass the interpersonal dynamics and relationships that can affect a negotiation, including trust, respect, and communication. The script touches on the importance of addressing these issues to create a more productive negotiation environment and to build relationships that can lead to better agreements.

πŸ’‘Preparation

Preparation is the process of gathering information, understanding interests, and strategizing before entering into a negotiation. The script highlights the importance of effective preparation as a key determinant of success in negotiations, suggesting that much of a negotiation's outcome can be influenced by the quality of preparation.

Highlights

Introduction to the concept of negotiation as a skill that can be improved with coaching, similar to an athlete.

The importance of not just focusing on negotiation positions but understanding the underlying interests.

The metaphor of the 'Negotiation Olympics' to illustrate the high level of skill that can be achieved with practice.

The idea that negotiation is an exercise in influence and the necessity of understanding the other party's perspective.

The process of looking behind stated positions to uncover the real needs and desires of the negotiating parties.

The role of preparation in successful negotiation and how it can set the stage for a productive discussion.

An example of how understanding the interests of a radio station owner and a buyer can lead to a more creative negotiation.

The concept of 'BATNA' - Best Alternative To a Negotiated Agreement - and its importance in negotiation strategy.

The value of exploring a range of options before making a decision in a negotiation.

The facilitation of a labor negotiation scenario to demonstrate the process of inventing options to meet mutual interests.

The importance of brainstorming and generating multiple options without immediate commitment to any single one.

The potential for shared interests to bridge gaps between opposing positions in a negotiation.

The strategy of enhancing retirement packages as a potential option in a negotiation to address job security concerns.

The proposal of a mentor program as a way to utilize senior employees' expertise without threatening their job security.

The discussion on job guarantees as a means to protect older workers while training younger employees.

The emphasis on the importance of not shooting down ideas during the brainstorming phase to encourage a wide range of options.

The conclusion that negotiation is about satisfying interests and the need to invent options that can meet both sides' interests.

Transcripts

play00:00

[Music]

play00:25

welcome to getting to yes the video

play00:28

workshop on negotiation in this program

play00:30

Roger Fisher William ury and Bruce

play00:32

Patten will show you how to transform

play00:34

adversarial confrontation in to

play00:36

side-by-side problem-solving hello I'm

play00:40

Roger Fisher here with my colleagues

play00:43

bill Yuri and there was Pat hello

play00:45

welcome to the video workshop on

play00:47

negotiation all of us negotiate all the

play00:50

time you wouldn't be in your present

play00:53

position unless you were a good

play00:54

negotiator people keep asking us but

play00:57

isn't negotiation natural ability not

play01:00

coaching once you're good at it can't

play01:03

you just relax I compared negotiation

play01:06

skills with those of an athlete natural

play01:08

ability is terribly important but the

play01:10

more natural ability you have the more

play01:13

you will benefit from coaching from

play01:15

continuing to learn how to do it better

play01:17

and better the professional tennis

play01:20

players at Wimbledon bring their coaches

play01:22

with them they keep learning to get

play01:24

better all their lives

play01:25

I like that athletic metaphor the

play01:28

curious thing that strikes me is that if

play01:30

we negotiate so much of our time with

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our bosses our spouses our peers our

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customers our suppliers our kids if

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we're negotiating say 50 percent of our

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time and some people would say ninety

play01:41

percent of our time the question I have

play01:43

is if you were swimming say 50 percent

play01:46

of your time you'd be in the Olympics

play01:48

and the question I have is as good as we

play01:51

all are why aren't we all in the

play01:53

negotiation Olympics and I think the

play01:55

answer lies in the fact that when you

play01:58

swim you always have part of your mind

play02:00

focused on your stroke on improving your

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stroke on improving the process of

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swimming when we negotiate we have

play02:07

almost all of our attention focused on

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the substance on the terms and

play02:10

conditions on the price well what this

play02:12

videotape workshop is about is about

play02:15

going over the process of negotiation so

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that we can all be in the negotiation

play02:20

Olympics one difficulty we often have is

play02:24

that the more you negotiate the tendency

play02:27

is to get better and better at less and

play02:29

less when the stakes are high we focus

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on our most confident skills but that

play02:35

means we get better and better at a few

play02:37

skills and leave others to wither

play02:39

way we become one-sided not very

play02:41

flexible or adaptable each of us has

play02:45

room to broaden our repertoire of

play02:46

negotiating skills and we're not just

play02:49

going to talk about negotiation words

play02:51

don't describe adequately what really

play02:53

happens you're gonna be watching a lot

play02:56

of different examples we're gonna be

play02:58

acting in examples demonstrating what

play03:01

can be done in different kinds of

play03:03

negotiations mistakes people make skills

play03:05

they use let's watch the first

play03:07

negotiation mr. Gillam I've already told

play03:12

you my position is 14 million dollars if

play03:14

you want to take the station away from

play03:15

me that's what it's gonna cost you mr.

play03:18

Bryant

play03:18

our position is eight million dollars

play03:22

for your share that's eight times your

play03:25

share of cash flow that's fair that's

play03:27

reasonable I don't understand where

play03:29

you're coming from well I get my number

play03:31

14 million from what I know this station

play03:33

is worth I'm the one who came in here

play03:35

five years ago when it was down and out

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as number three and built it into number

play03:39

one I know this station and I know what

play03:41

it's worth and 14 million is my share of

play03:44

what it's worth that's what it's gonna

play03:45

take your partners have given me

play03:48

two-thirds an option on two thirds for

play03:50

16 million why is one-third worth 14

play03:53

million my partners have not been around

play03:55

here nearly as much as I have I'm the

play03:58

one who made this station I really don't

play04:00

care what kind of deal they cut with you

play04:02

my position is 14 million dollars

play04:04

because that's what I know this station

play04:06

to be worth if you want to take it away

play04:07

from me

play04:08

that's what it's gonna cost eight

play04:10

million is our position Mr Bryan

play04:12

that's been taken or leave it well 14

play04:15

million is my position and that's a

play04:16

take-it-or-leave-it

play04:18

does that negotiating process look

play04:21

familiar

play04:22

adversarial deadlocked telling each

play04:25

other not listening very well not trying

play04:28

to understand where the other side is

play04:30

coming from not treating the people with

play04:32

a whole lot of respect there's a chance

play04:36

in negotiation to do it differently we

play04:39

believe that negotiation would be better

play04:41

off if you can treat it as side by side

play04:43

problem-solving both parties share a

play04:47

problem they think that a negotiated

play04:50

agreement would be better for both

play04:52

that no agreement and they share the

play04:54

problem of trying to find an agreement

play04:56

that both can live with and a good

play04:58

agreement one that doesn't leave

play05:00

potential joint gains on the table this

play05:03

whole video is a way of helping you

play05:06

prepare for negotiations a way to think

play05:09

about it an organized way and a way to

play05:12

realize that in advance of negotiation

play05:15

you can do a great deal that will affect

play05:18

the total outcome you'll thought about

play05:19

where you're gonna end up and therefore

play05:21

you know where to begin in other words

play05:24

we want you to have always part of your

play05:26

mind focused on the process of

play05:28

negotiation before you go into the

play05:30

negotiation during the negotiation and

play05:32

then taking also a few minutes after the

play05:34

negotiation to ask yourself what went

play05:37

right here what went wrong

play05:38

what could I do differently next time

play05:40

what surprised me so that you're

play05:42

learning from each negotiation because

play05:44

you have so much rich experience that if

play05:46

you can tap that experience and turn it

play05:48

into better and better skills you will

play05:51

end up as I mentioned in the negotiation

play05:53

Olympics a point we're gonna make

play05:55

throughout this workshop this video is

play05:58

to give you a big structure the basic

play06:01

building blocks of negotiation what they

play06:03

are interests what do you really care

play06:06

about what did they care about options

play06:09

what are some possible agreements we

play06:10

could have let's get the range of what

play06:12

we could agree upon standards how can I

play06:16

persuade them they're being fairly

play06:17

treated how can they persuade me how can

play06:19

I persuade myself that I'm being fairly

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treated not being ripped off people how

play06:24

do you deal with the people issues in

play06:26

negotiation and Batna what is your best

play06:30

alternative to a negotiated agreement if

play06:33

you can't settle let's begin with

play06:36

segment 1 interests

play06:48

segment one interests all too often we

play06:54

approach a negotiation like that radio

play06:56

station owner and the buyer almost as if

play06:59

we were two armies approaching each

play07:00

other from opposite sides of a

play07:02

battlefield we dig into our positions 14

play07:04

million dollars eight million dollars we

play07:06

build trenches fortifications no one's

play07:08

going to move each side knowing full

play07:10

well that we're gonna have to somehow

play07:12

dig ourselves out of our positions if

play07:14

we're going to get anywhere near the

play07:15

middle and so what we do is we dig

play07:17

ourselves out and we move about ten feet

play07:19

and then we dig ourselves in again

play07:20

I've often wonder why people go through

play07:22

that exercise when the purpose of

play07:24

negotiation is not so much to meet your

play07:27

position it's to satisfy your underlying

play07:30

interests and that's perhaps the key

play07:33

distinction and negotiation is the

play07:34

distinction between what your position

play07:35

is and what your interests are your

play07:38

position are the things that you say you

play07:40

want the concrete things you demand

play07:42

terms and conditions' dollars and cents

play07:45

fourteen million dollars eight million

play07:46

dollars your interests are the

play07:48

underlying motivations the intangible

play07:51

motivations that lead you to take those

play07:53

positions your underlying needs your

play07:55

desires your concerns your fears your

play07:58

aspirations

play07:59

those are your interests in any

play08:01

negotiation you want to understand your

play08:03

interests just as important as

play08:05

understanding your interests is

play08:06

understanding the other side's think

play08:08

about it for a moment what is

play08:09

negotiation negotiation is an exercise

play08:12

in influence you're trying to change

play08:14

someone else's mind now if you're trying

play08:16

to change someone else's mind the first

play08:17

thing you need to know is where their

play08:19

mind is right now you need to be able to

play08:22

put yourself in their shoes that is

play08:24

perhaps a single most important skill

play08:26

negotiation is the ability to put

play08:28

yourself in the other person's shoes see

play08:30

the world the way they see it see what

play08:32

drives them see what motivates them so

play08:34

that you can craft a solution that meets

play08:36

their interests and meets yours the best

play08:40

way to understand the process of getting

play08:43

behind positions for the underlying

play08:45

interests is to see it in action let's

play08:47

return to the radio station negotiation

play08:49

and watch Roger prepare the potential

play08:51

buyer for a second meeting with the

play08:53

owner of that station

play08:56

Roger that the guy's a mule he wants 14

play09:00

million

play09:01

dollars for his share that's all he

play09:04

wants to talk about I can't reach him I

play09:06

don't know what's going on with it what

play09:07

do you want what's the company one here

play09:10

that company what's what's what's the

play09:12

purpose of this negotiation from your

play09:14

point of view the company wants the

play09:17

station it's a good station we'd like to

play09:19

buy it it would fit nicely it's got some

play09:21

profits we could offset against some

play09:23

losses you told me you've already got an

play09:25

option of two-thirds of the station from

play09:27

the other owner yeah I've got a have 80%

play09:29

of the station before I can put the

play09:31

losses in the profits together I can't

play09:33

do it without 80% you need 80% of the

play09:36

station 80% and when you get the station

play09:39

what do you want a bit

play09:41

what do you can do with it well it's a

play09:44

good station there's no real sense in

play09:46

Chaney I'd like to have a good

play09:48

transition one that doesn't look like

play09:50

we've taken over the station what keep

play09:51

the talent want to keep the management

play09:53

generally make no waves and the pendant

play09:57

market what I'm doing here is looking

play10:00

behind the company's position eight

play10:02

million dollars and a radio station is

play10:05

positioned 14 million dollars for the

play10:07

underlying interests the concerns that

play10:09

lie behind that I'm trying to find out

play10:11

what mr. Gillam wants what kinds of

play10:14

things he needs not just once but what

play10:16

he really needs to satisfy his concerns

play10:20

and then we'll look at the other side

play10:21

the station owner needs so you need 80%

play10:27

ownership in order to have the

play10:28

consolidate the books that's the number

play10:30

and on the operation of the station what

play10:33

do you need there what do you want there

play10:35

well I'd like to have a good operation a

play10:37

good smooth operation basically what

play10:40

it's been doing let's go talk to him and

play10:42

see we can find out what his concerns

play10:44

are lots a lot you've just seen the most

play10:49

important part of a negotiation which is

play10:51

the preparation most negotiations are

play10:54

won or lost done well or done poorly

play10:57

even before the negotiators get to the

play10:58

table simply in the quality of

play11:00

preparation that they bring to that

play11:02

table

play11:02

you can't wing it in negotiation you put

play11:05

yourself an enormous disadvantage if you

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do that let's watch Roger Fisher use the

play11:10

value of effective preparation to

play11:12

negotiate on behalf of the buyer

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mr. Brian what do you really want out of

play11:17

this situation as I've said I want 14

play11:19

million dollars I made that very clear

play11:21

what would you do with the money if you

play11:22

had it well I don't think that's really

play11:23

any of your business fair enough and I

play11:25

want to understand what you care about

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because if we're gonna make a deal it's

play11:30

only with your agreement it's only a

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deal you want what do you want in this

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space what I care about is this station

play11:36

this is more than just a job for me it's

play11:38

something that I thoroughly enjoy I

play11:40

built from the ground up I feel like I'd

play11:43

be selling one of my children in talking

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to us to kill him I discovered that what

play11:47

his company really wants in owning the

play11:49

station they want to own enough of the

play11:52

station so they can consolidate their

play11:53

books with the other stations that

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you've got the number of other radio

play11:56

stations that means we have to have half

play12:00

have 80% 80% ownership not 100% no I

play12:03

need 80% but I gotta have 80% and the

play12:06

two thirds you have an option I was not

play12:08

enough no I got a share see the fact it

play12:11

doesn't eat at all makes me think there

play12:14

may be some possibility of arrangement

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here which leaves you with the station

play12:21

well at 80% of something new I didn't

play12:23

hear that the first time but no he

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wanted buy a station 66% wouldn't know

play12:28

but what do you would that meet some of

play12:32

your concerns well it not really because

play12:36

suppose I continue as an owner in a

play12:39

minority position sure that's where I am

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now but what I have created control and

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for that what's that mean creative

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control what do I do you do that you

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actually decide what programs I decide

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what programs more importantly I decide

play12:52

the overall format creative control what

play12:57

else do you like I like the ability to

play12:59

manage the station I like the ability to

play13:02

participate in its growth we got a

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management participation does your

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company object to such things and other

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stations Roger it sounds like to me he

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wants the world he wants a ton of money

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he wants creative control he wants

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management he wants the little 10-yards

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we're looking to what his interests are

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what are your wrenches you have no

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interest in changing management not per

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se I had some concerns

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one of their well uh I'm not sure that

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mr. Bryant and my company get along he's

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just said you know how big companies

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operate if we don't get along at this

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station goes in their numbers I've got

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the risk

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well what woody wouldn't you meet an

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interest there in protection against

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downside the station starts losing money

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or not not doing well he wants some kind

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of downside protection yes I need down

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protection and you wouldn't mind his

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getting a piece of the action going up

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if it goes well well you know again I'd

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have to work with him to find out you

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know how he's gonna run this place and I

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get comfortable with him right now we're

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not doing too well oh why are you doing

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fine you're disagreeing about money but

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we got let's come back up to the money

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question if you bought out half mr.

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Bryant's interest right now you were

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offering eight million dollars at eight

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times cash flow for his share half of

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that would be four million dollars eight

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times suppose we split the difference

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between us I'm just not asking for

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commitments now I'm just trying to think

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a little bit four and a half million

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would be 9 times cashflow for a share of

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interest and you're not taking a station

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away from you you would as I see this

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thing you'd still be the station manager

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to your station you're still running it

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you've got here an owner of it but for

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how long I mean I we've talked about

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different kinds of contracts and maybe

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some of those would work there might be

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different triggers in there you want a

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long-term I want a long-term and you I'd

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like to have a short as possible why uh

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unknown to me you know we've we've got

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some risk in him like putting up a ton

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of money he's run the station for five

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years well you know that track record

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the radio stations initial position as

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you'll recall was fourteen million

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dollars but as a negotiation unfolds you

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begin to see what his underlying

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interests are he's interested in

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continuing to be manager of the station

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he wants to remain as an owner of the

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station he wants a good price he wants

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the ability to make more if the station

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does well and he wants to stay in the

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community that's the central point

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looking behind positions for what are

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the underlying interest

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asking why asking why not and putting

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yourself in the other person's shoes

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those are the main points we want to

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leave you with at the end of the segment

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the purpose of negotiation is to satisfy

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your interest and the other side's

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interest too now the reason you spend so

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much time

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probing behind positions for what are

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the underlying interests is to be able

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to invent options that satisfy both

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sides interests in the next segment

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we're going to look at exactly how you

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go about the process of inventing those

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options from mutual game

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segment two options focusing on

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positions not only conceals underlying

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interests positions tend to limit the

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ways of meeting those interests an

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important negotiation activity is to

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invent various ways in which the

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underlying interest might be met if I

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want to buy a building I'll say my

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interest really is using it should I

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lease it might I read it with an option

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to buy might be a long term lease or a

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short term lease might I rent part of it

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might we jointly own it you want to

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think of a wide variety of ways of

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serving those underlying interests when

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we say option we mean a possible

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agreement or a part of a possible

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agreement some thing you might do it

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could be included in agreement it could

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be a whole framework but it's not a

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commitment it's not a promise we're

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exploring what we could do it's

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brainstorming its generating things that

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might be included in the outcome of this

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negotiation a major feature of

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negotiation is to explore possible

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agreements bits and pieces of agreements

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to invent a range of options of what

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could serve our mutual interests before

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making any decision in this next

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situation we have a labor negotiation

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bill and Bruce have been retained by the

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two sides to help facilitate the process

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to change them from the rut they're

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locked into into a more constructive

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activity of generating options Frank you

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and I have been working together for how

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long more years and I care to talk about

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and yet on all that period of time of

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our bargaining you haven't heard a thing

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I've said apparently for you to come to

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us with this proposal is to undermine

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the very foundation of our union we

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believe in seniority you know that as a

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union seniority is one of our bedrocks

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and yet you come to us with something

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that jeopardizes the seniority of our

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men and women I don't understand you

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expect me to go back to my people and

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say we're gonna start training people at

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the age of 55 15 80 to 60 people who are

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gonna retire in a couple of months do

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you connect us to go back to our people

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who have been on the job for 20 or 30

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years and tell them we want them to have

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a younger person leapfrog over them from

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paying jobs more training we're aware of

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your seniority rules but we have to find

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something when the parameters of our

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living I mean you're asking us to go in

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and say to 30 year old people who are

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just starting their career in our

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industries say okay we're gonna forget

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about you

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we're gonna train your father and your

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grandfather and that's what the Union

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expecting to be long-term players

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expecting to be trained along the way

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the only way they're gonna be long-term

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players is if we're still in business

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and the way we're gonna stay in business

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is to stay competitive and you know we

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do they support you guys every year you

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know you don't have the money to do this

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you don't have the money to do that you

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told us five years ago you didn't have

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the money to do the training now you've

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got the money to do the training but you

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don't want to train the older workers I

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get the sense that you've gone over this

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before you've talked about this before

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yeah yeah it's impressive really I mean

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I almost have the sense that you could

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go on forever well in the past that

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maybe I think I'm not sure that's the

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best way for us to spend our time here I

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don't know if we're gonna spend nine

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months and you know get anywhere in fact

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there are two ways to talk about an

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issue like retraining or any issue for

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that right the first is you can talk at

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each other you also have the choice of

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talking with each other you can decide

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to focus on the past or you can choose

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to focus on the future

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you can try and talk about who's right

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decide that issue or you can try and

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talk about what are you gonna do about

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it what's to be done

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you can blame each other or you can

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jointly tackle the problem you can try

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and score points at each other or you

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can clarify your interests and try and

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invent some options now if I were to ask

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you in the last 20 minutes talking about

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this issue where have you spent your

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time on this side of the line or that

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center line self-evident this way has

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produced two options for you rigid

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seniority and management discretion

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before taking any decisions you want to

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have as many options on the table as

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possible now in order to invent options

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we need to back up and clarify the

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interests that those options need to

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serve now let's take a look at interest

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on the Union side we've got interest in

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maintaining job security rewarding

play20:53

loyalty upholding precedents and

play20:55

satisfying constituents on the

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management side we've identified

play20:58

efficient use of resources flexibility

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on the shop floor satisfying the board

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and investing for long term as you look

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at these interests you see any shared

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interests any overlap among these

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interests you see me well I think we

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have to admit as a union that the

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company over the years has been very

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fair to the employees certainly we don't

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agree with some of the things they have

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done but they have tried to be fair with

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us well I think we also have an interest

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in this investment for the long term

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we'd also like to have a well skilled

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workforce now what's interesting is

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before you had two positions seniority

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company discretion but if you unpacked

play21:35

the underlying interests it looks like

play21:37

there are some shared interests here it

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looks like you might be able to invent

play21:40

an option here to have as many options

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as possible so as then to make the

play21:43

decision so can we spend some time

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talking about some other possible

play21:47

options that could meet both sides

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interests in this situation the bill is

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the president of this Union I have

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difficulty with that we need to caucus

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ourselves before we get into anything

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like that ok what I'm talking about is

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no commitment there's no commitment on

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both sides we're just talking about

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inventing options no one's asking about

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making a decision here at the table and

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if you feel more comfortable about it we

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could do that separately the union could

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go off by themselves you could stay

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right here and I'll help you invent some

play22:15

possible options you could then decide

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which ones you want to talk about with

play22:18

the other side although there's still no

play22:20

decision management could do the same we

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get back together talk about it but

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remember at this phase there's no

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decision being made all we're trying to

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do is put out some possible law firm so

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you can make the best possible decision

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this union will be committed and the

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Union won't be committed no will

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management normal management that's

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right

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I'll try ok and remember your mandate

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here is to come up with options that

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satisfy your interests but also you

play22:45

think the other side could live with two

play22:46

options satisfy both sides interest with

play22:48

no commitment whatsoever no attribution

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no commit notice how bill and Bruce

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backed up to clarify the interests of

play22:57

the parties before working on the

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inventing

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those options that are designed to meet

play23:02

them mister Warren's concern with

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inventing in front of the other side is

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serious and a real a real concern a

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justified concern but people often

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understand in ideas and idea which

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you're committed so if you say how about

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this the other side may say I accept so

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it's quite important to make it very

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clear that you're not making commitments

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and it's much easier to invent first in

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your own team on your own side generate

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ideas free from any concern of what the

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commitments are even there and within

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your own team it is hard to withhold

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judgment we tend to think the purpose of

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any meeting is to agree so when someone

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puts up an idea we don't like we often

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shoot it down but if we want a wide

play23:49

range of ideas the purpose is to broaden

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range of possibilities broaden the scope

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and not just look for the best one the

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best one will be selected after we've

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got a lot of ideas on the table other

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options we could somehow enhance the

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retirement package some of these people

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might volunteer to do some sort of early

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retirement okay

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what about some other options why not

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try some kind of a mentor program I'm

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gonna really utilize some of these

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senior people without making them feel

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like they're absolutely I'm not sure how

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some of my guys might feel about that

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okay remember Frank we're just trying to

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get as many ideas as you can no

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criticism let's just take a look at this

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mentor program yeah tell us a little

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more about what we pair up senior

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employees will be less senior employees

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have them work together for three months

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say per department and then maybe change

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so they get different perspectives I

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think that would give us a

play24:47

well-diversified well-trained staff you

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know in our last sub consul meeting your

play24:52

group said to us that they are very

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concerned about job security and if we

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go on some of these I think it endangers

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their job security I there's got to be a

play25:01

solution to that right can you think of

play25:03

any way to improve on that you know you

play25:06

know what what really would satisfy them

play25:08

is to give them some job guarantees okay

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you know right now I think what worries

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we're talking about training younger

play25:15

people and our fear is of course once

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they're trained then they come to the 55

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60 65 year old guy and say hey buddy we

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don't need you any longer so we need

play25:24

some kind of if we is willing to

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guarantee those people while we take a

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look so wait so what I hear you saying

play25:33

out is that if retraining means getting

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rid of some of the older people that's

play25:38

one thing if retraining means enhancing

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the job skills or the younger people but

play25:41

not but safeguarding the jobs the older

play25:43

people that's something you would

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