Other issues

The contract section of the survey revealed important gender differences and general contract problems.

Gender Differences
  1. Males tended to be hired as employees of organizations, while females tended to be hired as independent contractors. When females were hired as contractors, they were paid honoraria, while male contractors were salaried.
  2. Almost twice as many males as females had specified review periods built into their contracts.
  3. Twice as many males as females had termination clauses where grounds for termination were clearly outlined.
  4. Four times as many females as males had expectations for record-keeping outlined in their contracts.
  5. Twice as many males as females had contracts that outlined benefits packages.
  6. Males had typically negotiated for vacation clauses, while females had not.
General Contract Problems
  1. Contract length. One-third of the sample had to renegotiate their contracts annually.
  2. Probationary periods. Two-thirds had contracts that did not include probationary periods.
  3. Evaluation/performance appraisals. Evaluation procedures were not clearly outlined, or procedures were outlined and not done.
  4. Cure periods. No coach had negotiated a cure period for a breach of contract.
  5. Severance. No coach had negotiated a severance package in the case of early termination.
  6. Confidentiality/non-disclosure. Less than 50% of the coaches had non-disclosure agreements in their contracts.
  7. Mediation/arbitration. More than 80% of the coaches did not have clearly defined mediation procedures included in their contracts.
Clearly, a lot of work needs to be done in the area of developing solid contracts for high performance coaches in Canada. We all have responsibilities as coaches to ensure that we are being treated as professionals. We do no favours for ourselves, or the people following us, by not paying attention to details when negotiating contracts. The contract problems we have discussed indicate that not enough attention has been paid to this area. Are there risks in this approach? Certainly, coaching at the high performance level appears to lack professionalism. If the top coaches are not treated as professionals, what is happening to coaches at different phases in our athlete development model such as club coaches and developmental coaches? What message does it send to younger individuals who may consider coaching as a potential career path? We must be better advocates of coaching agreements and contracts. Although the message of this article is directed toward coaches, there is also a strong message for government agencies involved in sport, provincial and national sport organizations, coach advocacy agencies, and other employers of coaches. Each has a unique role to play in the professionalization of coaching. Coaches with solid contracts, working in agencies with positive, well-constructed policies that help to improve their working conditions, are more likely to have positive work-life balances. These coaches, in turn, have enhanced possibilities of being successful and creating win-win situations for employers, employees, and the athletes they are serving.

How to Get the Contract You Deserve

The following points were presented by Heather Barnett to the participants of the 2003 national women coaches retreat. These areas should be considered in negotiation meetings before the signing of any agreement:

  1. If there is a specified term for the contract, consider the inclusion of an automatic renewal clause.
  2. In the area of remuneration, consider the addition of a bonus clause and something pertaining to overtime.
  3. Know a great deal about the job description before entering into a contract. This knowledge is the only way that the coach can be certain that the proposed remuneration is appropriate. The job description should include specific guidelines on hours, overtime, and travel.
  4. Pay close attention to the area of termination, watching especially for terms such as "grave misconduct". A code of conduct more clearly defining this area can be attached to the contract. A good example is Alpine Canada Alpin, which has developed a list of behaviours it considers to be "grave misconduct". This list is attached to all employee contracts.
  5. Strongly consider the addition of a cure period.
  6. Have a sound knowledge of the budget, expenses, and related policies. This knowledge will enable you to determine if you have adequate resources to meet the expectations of the job.
  7. Have a clear understanding of whom you report to - an individual or a committee - and how decisions are made within the organization.
  8. Be aware of the level of control or discretion you have over the athletes and of the current discipline policies that are in place.
  9. Have full knowledge of the benefits package being offered, and negotiate for benefits in cases where associations are not considering offering benefits.
  10. Make sure that workers' compensation, insurance liability, and an indemnity clause are included in the contract.

Be proactive. Do not wait for your employer to come to you. Let them know what you expect to see outlined in the agreement. Really know the job description. Be aware of your bargaining power (What is your relative bargaining position? Are you in a strong position? A weak position?). Be aware of when you have to back down. To increase your awareness in these areas, enter into negotiations having already defined to yourself what your bottom line is; you will then know when to walk away. Listen to what the employer has to say and take time to think about it. Confirm negotiations in writing as they proceed. If coming off a successful season, raise your expectations for remuneration. Talk about your successes during the negotiation meeting.

Clearly, we are developing greater insight and knowledge about employment contracts for coaches. Nonetheless, it is very apparent that coaches need to develop stronger negotiation skills to ensure that key clauses are included in contracts to enhance their employment situation. Coaches need to realize their unique worth and become greater advocates on their own behalf. Williams (1993) "Getting Past No: Negotiating Your Way from Confrontation to Cooperation" is an excellent resource on negotiating strategies.

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le Journal en français

JANUARY 2004
Vol. 4, No. 2
Front Page
CONTENTS

Contracts and Contract Negotiations

Survey on Employability Standards

Other issues

How to Get the Contract You Deserve


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Publisher: Anna Mees , Program Manager, Women in Coaching, Coaching Association of Canada

Editor: Sheila Robertson

Editorial Board:
Guylaine Demers
Anna Mees
Dru Marshall
Rose Mercier
Sheila Robertson
Penny Werthner

Copy Editor: Heather Ebbs

Translator: MATRA • gs Inc.

© 2004 Coaching Association of Canada,
ISSN 1496-1539


Coaching Association of Canada
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