Will Those Who Negotiate for the Community Drive an Appropriate Bargain Sample Clauses

Will Those Who Negotiate for the Community Drive an Appropriate Bargain. Even if those at the bargaining table do indeed speak for the community, there is no guarantee that they will secure a good bargain.291 Representatives of the community may be hampered by inexperience in negotiating with developers who have made a life’s work out of hard bargaining. Community representatives may lack the resources to ascertain what would be the best terms for the community. The fact that the terms of some of the CBAs negotiated recently in New York City were not made available to the public in a timely fashion makes it more difficult for the bargainers to assess what is an appropriate agreement.292 Further, negotiators likely are members of community groups who stand to benefit from the terms of the CBA (even if not from direct contributions Brooklyn Atlantic Yards project (May 26, 2005) (available at xxxx://xxx.xxxxxxxxxx.xxx/testimony_bay_5_05.htm). 287 Xxxxxxx Xxxxxxxxx, Xxxxxx Sends Xxxxx to Drawing Boards, N.Y. OBSERVER, Dec. 5, 2002, at 13. 288 Xxxxxxxxxx, supra note 47. 289 Xxxxxxx Xxxxxxxxx, Out of the Xxxxx?, N.Y. OBSERVER, Oct. 19, 2005, available at xxxx://xxx.xxxxxxxx.xxx/node/33929. See also Xxxxxxx Xxxxxxxxxx, Xxxxxx’x Gift, N.Y. OBSERVER, June 9, 2006, available at xxxx://xxxxxxx.xxxxxxxx.xxx/node/34828?page=all. 290 See Xxx Xxxxxx, Atlantic Yards CBA, CMTY. BENEFITS AGREEMENT BLOG, Jan. 29, 2008, xxxx://xxxxxxxxxxxxxxxxx.xxxxxxxx.xxx/2008/01/atlantic-yards-cba.html; Xxxxxxx Xxxxxx, Complex Policy Choices in Managing Growth, N.Y.L.J. , Jan. 16, 2007, at S8; Xxxxxxx, supra¸note 262. 291 Xxxxxxx, supra note 286; for evidence of how communities fared in similar negotiations over undesirable land uses, see Been, supra note 3, at 800–823. 292 See Been, supra note 3, at 825–826 (discussing how confidentiality agreements over compensated siting agreements hampered communities bargaining over such agreements). from the developer, as discussed above), and therefore may have conflicts of interest in assessing what the community should ask for.293 The benefits obtained also are not always easy to value. The Atlantic Yard negotiations, for example, required the valuation of such benefits as job training and ‘’special initiatives to work with the prison population.” Valuations of such benefits (not to mention the comparison of the value of the benefits to the costs the development might impose on the community) are notoriously problematic and controversial.