Transcript Labor Relations - University of California Cooperative Extension

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Labor Relations Objectives
In this training you will learn about Labor Relations and the
current issues and trends we face at ANR.
• To learn what collective bargaining is and how it relates
to supervisors.
• To understand what the supervisors responsibilities are
in Labor Relations
• To become familiar with the requirements to institute
rules and changes in workplace rules or procedures.
• To understand what the current issues in Labor
Relations are.
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Labor Relations
Labor Relations
Higher Education Employer-Employee Relations Act (HEERA)
The people of the State of California have a fundamental interest in the
development of harmonious and cooperative labor relations between
the public institutions of higher education and their employees
The law protects employees from reprisals, discrimination, coercion or
interference with their exercise of HEERA rights, including the right to
form, join and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters of
employer-employee relations and for the purpose of meeting and
conferring over those matters
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Labor Relations
Labor Relations
These unions/employee organization represents employees as a group
during contract negotiations with the University, resulting in one
contract throughout the University system. ANR has both exclusivelyrepresented employees and non-represented employees.
Represented Units
RX - Research Support Professional Unit (UPTE)
TX – Technical Unit (UPTE)
SX – Service Unit (AFSCME)
CX – Clerical and Allied Services Unit (CUE)
Unrepresented
Unit 99 – (PPSM)
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Labor Relations
Labor Relations
What is a Union?
A union is an organization which has as one of its purposes to
collectively bargain the wages, hours and conditions of employment of
a particular group of employees. It acts as your exclusive
representative for these purposes. In order for the union to become
your exclusive representative, a sufficient number of employees must
show an interest in being represented.
Collective Bargaining Contracts
ANR has several bargaining units throughout the state. Each
bargaining unit has a separate contract with a union that represents
all employees covered under that unit. For more information on a
specific contract, contact the SPU at [email protected].
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Labor Relations
Labor Relations
Contract Negotiations
The University of California takes pride in its ongoing commitment to
working effectively with its labor unions. Currently, UC negotiates
with 12 different unions about the employment terms of more than
60,000 of its employees.
UC remains fully committed to conducting fair, respectful, efficient
negotiations. There may be differences of opinion expressed by each
of the parties during the contract negation process. UC supports that
process and remains committed to utilizing the bargaining table as
the proper place to resolve those differences of opinion and work
constructively toward win-win solutions.
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Labor Relations
Labor Relations
Union (Job) Stewards/MAT Leaders
Union Stewards are on the job representatives of a particular union
within a working unit. Management should avoid conduct that could
be perceived as:
• Arbitrary
• Capricious
• Discriminatory
In other words, management should make decisions and take actions
for legitimate business reasons.
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Labor Relations
Labor Relations
Scenario
A Union Steward/MAT Leader walks into your office unannounced (or is
working in your office already), and is discussing union issues during
working hours, talking with and distracting your other employees.
What do you do?
1. Ask the Union Steward to speak with you in private.
2. Clarify the University policy noting that employees are expected to
discussion union activity on personal time, in appropriate locations, such
as a break room.
3. Discuss an appropriate time for follow-up, if necessary.
4. Notify all employees of their rights to join or not join any employee
organization.
5. If issues of inappropriate contact or discussion during work hours
continue, contact the Staff Personnel Unit.
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Labor Relations
Labor Relations
• Unfair Labor Practices
• Notice Requirements
• What is Notice?
• When to Give Notice
• Change in Conditions of Employment
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Labor Relations
Work Rules
Establishing Work Rules
If you are establishing new work rules or changing existing work
rules, consult with the Staff Personnel Unit and Labor Relations and
keep in mind the new work rules should be:
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Necessary
Reasonable
In Compliance
Beneficial
Clear
Enforceable
Publicized
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Labor Relations
Union Notice Requirements
Scenario
Your location has been experiencing a significant amount of thefts, and
it has been determined you will need to place security cameras at the
site in order to limit loss of property. What do you do?
1. Contact the Staff Personnel Unit, giving the exact locations of each
camera.
2. Work with the SPU to notify the appropriate unions of the change in
conditions of employment.
3. Wait.
4. After consent from the unions, you will be given the approval to move
forward with the addition of the security cameras at your location.
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Labor Relations
Work Rules
Attendance Standards and Absenteeism
Employees are expected to be at work on time and to notify their
supervisors when they will be absent because they are ill or for any other
unexpected reasons. Following are some guidelines for attendance:
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Keep accurate and current records.
Review your employees' attendance records.
Ensure that vacation leave, compensatory time off are scheduled and
taken based on the operating needs of your unit and the reason for the
request.
Take appropriate disciplinary action when an employee abuses
attendance standards. Consult with the Staff Personnel Unit and Labor
Relations before taking any action.
Report all absences accurately and as soon as possible to ensure
proper payment.
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Labor Relations
Workplace Behavior
Preventative Steps to Maintain a Safe Workplace
Workplaces prone to disruptive incidents are often characterized by high
levels of unresolved conflict and poor communication. Conflict at work is
normal, but must be addressed promptly and effectively, not avoided or
suppressed.
Disruptive behavior can be reduced or prevented by facilitating a
workplace environment that promotes healthy, positive means of airing
and resolving problems.
It is also essential to improve the conflict management skills of managers
and staff, to set and enforce clear standards of conduct, and to provide
help (e.g. mediation and counseling) to address conflicts early.
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Labor Relations
Workplace Behavior
Behavior or Threats in the Workplace
Below is a list of behaviors/attitudes that may be indicators of disruptive,
threatening, or violent behavior. If you observe a pattern of such
behaviors that causes concern, call Robert Martinez or Linda Manton.
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Recent major change in behavior, demeanor, appearance
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Intimidating, verbally abusive, harasses or mistreats others
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Use/abuse of drugs and/or alcohol
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Unwelcome obsessive romantic attention/stalking
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Makes threatening references to other incidents of violence
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Makes threats to harm self, others, or property
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Has known history of violence
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Morally superior, self-righteous
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Feels entitled to special rights and that rules don't apply to him/her
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Labor Relations
Complaint and Grievance Rights
Guiding Principles
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Respond quickly, fairly, and effectively to complaints so that a minor
issue doesn’t grow into an unresolvable one
Conduct a thorough fact finding/investigation to make informed
decisions
Work with the employee and the representative
See all sides of the issues and be willing to change your decision if
warranted by the new information gained during the grievance
meeting
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Labor Relations
Complaint and Grievance Rights
Grievance - Corrective Action
If corrective action is to be imposed, the employee shall be advised
of her/his right to review under their covered union/university
policy on Complaint Resolution.
The employee shall be entitled to respond, orally or in writing, to any
notice of intent. A discussion with Labor Relations will be necessary
in order to determine review rights, deadlines and supervisor
responsibilities.
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Labor Relations
Complaint and Grievance Rights
Hearing or Arbitration of Employee Complaints
When efforts to resolve an employee’s complaint through the
grievance procedure fail, the employee and/or union can, in certain
instances, appeal the matter to hearing or arbitration. The neutral
party, or arbitrator, issues a written decision, which in most
instances is final and binding on both parties.
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Labor Relations
Complaint and Grievance Rights
Arbitration Under the Collective Bargaining Agreements and
PPSM
Generally, under the labor agreements, only the union may appeal
issues to arbitration. The arbitrator, whose decisions are final and
binding, is selected from a permanent pre-approved panel. Costs are
shared equally by the union and the University.
Only certain issues are subject to hearing under the PPSM. Contact
the Staff Personnel Unit for more details.
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Labor Relations
Current Issues
Improper Governmental Activities
Improper governmental activities are any activity by a state agency or
employee that is undertaken in the performance of the employee’s official
duties, whether or not that action is within the scope of the individual’s
employment, and that:
A. is in violation of any state or federal law or regulation, including but not
limited to corruption, malfeasance, bribery, theft of government property,
fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse
of government property, or willful omission to perform duty; or
B. is economically wasteful, or involves gross misconduct, incompetency, or
inefficiency.
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Labor Relations
Current Issues
Whistleblower Protection
If you suspect that an ANR employee is engaged in unethical behavior that
constitutes an improper governmental activity, the University encourages you
to report your suspicions so that the campus can investigate the matter and
take prompt corrective action as needed.
The University’s Whistleblower Protection Policy protects employees and
applicants for employment from retaliation for reporting suspected improper
governmental activities. The University accepts anonymous whistleblower
reports. Anonymous whistleblowers should provide sufficient detail so that
the University can properly evaluate the complaint. In the absence of
sufficient detail and corroborating evidence, the University may not be able to
investigate the complaint.
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Labor Relations
Current Issues
Sexual Harassment
Sexual harassment can be defined as: unwanted sexual attention or behavior
which negatively affects the work or learning environment. In some cases,
this occurs when a person in a position of power uses that power to coerce a
subordinate into providing sexual favors. The imbalance of power creates a
situation in which the subordinate does not feel free to say "no.“
In some instances of sexual harassment, there is behavior of a sexual nature
in the workplace or learning environment which creates an intimidating,
offensive or hostile environment that disrupts people's ability to do their job
or learn. This behavior may occur between peers or between people with
unequal power.
Sexual harassment is prohibited by law and University policy.
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Labor Relations
Current Issues
Scenario
An employee comes to you about overhearing an inappropriate
conversation between two employees. What do you do?
1. Ensure that your employees are safe and out of harms way.
2. Contact Linda Manton or Robert Martinez immediately.
3. You will be asked a series of questions regarding the situation, and will be
asked to do an investigation of the alleged incident.
4. You will write a report detailing the account and your opinion on the
matter.
5. Depending on the severity of the situation, employees may need to be
retrained, counseled or a corrective action may need to occur. The SPU will
assist in determining next steps.
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Labor Relations
Current Issues
Affirmative Action
The University of California Division of Agriculture & Natural Resources
(ANR) prohibits discrimination or harassment of any person in any of its
programs or activities.
The complete nondiscrimination policy statement can be found at:
http://ucanr.org/sites/anrstaff/files/107734.doc
Inquiries regarding ANR’s equal employment opportunity policies may be
directed to Linda Marie Manton, Affirmative Action Contact, University of
California, Davis, Agriculture and Natural Resources, One Shields Avenue,
Davis, CA 95616, (530) 752-0495.
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Labor Relations
Current Issues
Disability and Reasonable Accommodations
ANR strives to be an all inclusive workforce, providing support
services to units to facilitate disability awareness, technical assistance
and reasonable accommodation information.
Disability Management Services provides services including
assistance with the Interactive Process, employee counseling,
department consultation on reasonable accommodation, and
coordination of special selection procedures.
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Resources
ANR Staff Personnel Unit: [email protected]
ANR Staff Personnel Unit website:
http://ucanr.org/sites/anrstaff/Administration/Business_Operations/Staff_P
ersonnel/
UCD Policy Manuals
http://www.hr.ucdavis.edu/policies
• Personnel Policies for Staff Members (PPSM)
• Collective Bargaining Contracts
UC Davis, Benefits Office: (530) 752-1774 or
http://www.hr.ucdavis.edu/benefits
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