The situation
involves the issue where the staff has threatened to go for the strike of 10
days, if their demands are not met. This would hit the operations of the
company severely and the CEO of the hospital does want to stop this from
happening. Many companies appoint individuals to act as authorized negotiators,
but in many instances others undertake negotiations quite consciously, for
example the manager or salesman who is agreeing the specification with the
customer or supplier.
Unauthorized negotiations
may take place accidentally because one side assumes that the person on the
other side has the ostensible authority of his employer. It may be that the
parties understand that no commitment is given until a written contract is
fully agreed and signed or that no-one has the authority to vary the contract
other than by an agreed, written amendment, but the truth is that actual and
anticipated contractual positions are favored or compromised by any and all
discussions by any staff. The practical conclusion is that everyone is a
negotiator!
The CEO of the company should note
that almost invariably negotiations are preceded by events that are recorded or
by propositions that are argued in writing. Care should always be taken in what
is put in writing, and in other than routine matters, advice should be sought
on what to say and how to say it. Unintentionally or unconsciously giving a
commitment or yielding a principle that subsequently proves to be vital has
caught out many a manager.
It is usually the case that a
negotiation is preceded by a chain of events, meetings and correspondence, most
of which at the time may seem to be routine. However, since earlier events are
bound to feature in the negotiation, everybody having contact with the other
side must keep at the front of his mind the potential benefit or potential
damage that septic statements, promises and actions may have in the future.
In particular, if the other side
has said or done something of value then it is important to get it confirmed in writing.
If the company side has said or done something of value, write to the other
side to confirm it and seek his written acknowledgement. The value of
documentary evidence – formal correspondence, minutes of meetings, e-mails and
notes of telephone calls – cannot be overstated.
