INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Michael Marino.
The Michael Marino Commentaries
In any negotiation—whether traditional labor unions, commercial transactions, global politics, or a local farmers’ market—emotions run high.
Often, representatives mistakenly believe that browbeating, threats, ad hominem attacks, and innuendo will further their cause by creating an in terrorem (terrorizing) effect. In labor negotiations, the stakes are undeniably high; the terms and conditions of an employee’s work-life for the next three years or more are determined entirely by what occurs at the table. Consequently, adversaries frequently raise their voices, expressing fierce frustration at the perceived greed of employer clients, their alleged lack of concern for working people, and a general disregard for human decency.
This theatrical hostility usually serves three strategic objectives:
Demonstrating Advocacy: The representative must prove to their committee and membership that they are a fierce fighter.
Leveraging Disruption: They attempt to gain leverage through bluster, threatening walkouts or production disruptions that threaten the company’s competitive edge.
Psychological Chill: They aim to intimidate management committee members, who are often uncomfortable with raw confrontation.
As a young lawyer, I found it difficult not to respond in kind. I would offer to jump across the table or fire back with equal venom. The result? Escalated tension, slammed notebooks, stormed-out meetings, and total breakdowns. No one’s interest was served. Contentiousness routinely sets back substantive progress by days, weeks, or months. Worse, it can trigger avoidable strikes. In that scenario, who wins? No one. If an agreement is ultimately reached, it is usually a lose-lose outcome, despite public declarations of victory. If negotiations fail entirely, good people suffer needlessly.
With the benefit of a front-row seat to these scenarios for decades, my preferred approach now is to sit back, stay calm, smile, and simply ask: “Do you feel better now?”
“This simple question shifts the dynamic from an emotional battleground to a strategic crossroad.”
Often, this single comment defuses the moment and downgrades the emotional temperature. Even when the response is a defiant “No,” a window of opportunity opens. The representative has already made their point: I’m tough, and we aren’t rolling over. Their troops are satisfied; they see a leader willing to confront the corporation.
Once that political victory is achieved, my response signals an opportunity for a tactical shift. It establishes a framework for actual dialogue. The subtext is clear: We hear you. Now, let’s move on to what we can actually agree on to serve the best interests of both sides.
Experienced union representatives want a deal. They know that grandstanding has practical limits. While they argue on “principle,” they also understand that pushing a theatrical performance too far can blow up the deal, forcing their members to pay the ultimate price.
Under the U.S. National Labor Relations Act, the law enforces the process, not the outcome. Employers are required to “bargain in good faith,” but they are not legally mandated to “reach an agreement.” Recognizing this reality is crucial for both sides.
Using the “feel better” prompt allows for candid discussions at the table, but more importantly, it paves the way for private sidebar sessions involving only the lead representatives and their top lieutenants. These off-the-record sessions allow for frank problem-solving and collective packaging. When a union representative tells me privately, “I absolutely must have this,” I can honestly explain if that position is a non-starter, or clearly outline what management will need in return to make it happen.
That is how deals get done. Public posturing is often a necessary piece of negotiation theater, but signaling that you are listening sets the stage for confidential sidebars. It is within those quiet communications that a true framework for agreement—minus the emotion—is established.
When that happens, we all feel better.
Michael Marino is a NYC-based management labor, employment and entertainment lawyer who for decades has represented corporations, executives, celebrities, sports figures, and influencers. A member of the College of Labor and Employment Lawyers, he has tried federal court cases across the country and negotiated hundreds of collective bargaining and marketing agreements. Before entering private practice, he served proudly as an officer in the United States Marine Corps, and as Special Counsel to the Secretary of the Navy. He is a graduate of Georgetown University Law Center, Syracuse University College of Law, and Cornell University’s School of Industrial and Labor Relations.
Learn more at https://www.seyfarth.com/people/michael-f-marino.html/.
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LinkedIn: https://www.linkedin.com/in/michaelfmarino
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