Labor Relations

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Last Updated: July 2023

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This workbook is designed for the community college administrator, supervisor or manager who is involved in labor relations on a day-to-day basis.

College administrators, managers, and supervisors often are faced with issues raised by union activity in the workplace.  This workbook is intended to instruct administrators and others in appropriate conduct when faced with union activity.  Our intent is to address the functional, philosophical and professional considerations inherent in the exercise of management's basic rights within the proper parameters of employee and organizational rights.

There are a number of fundamental principles in labor relations of which the manager/supervisor should be aware as he or she pursues a positive relationship with employee organizations.  Most of these principles originated in the private sector.

The law which governs community college district (and K-12 district) labor relations in the State of California is the Educational Employment Relations Act (EERA).  The EERA is based on fundamental precepts contained in federal statutes and governs the relationship between schools or community college districts and their employees.  The EERA is similar to the federal National Labor Relations Act, 29 U.S.C. §§ 151-169, also known as the NLRA, that governs labor relations in the private sector.  Other public agencies in California, such as cities, counties, and state agencies, are subject to different collective bargaining laws.  A copy of the EERA may be found in Appendix E of this workbook.

It is important to note here that the liability of the district extends to the acts of the employer's "agents."  In effect, this means the district may be held responsible for what one of its supervisors does, provided the supervisor is acting within the scope of his or her employment, (i.e., in the line of duty).  It is, therefore, important for the supervisor to be sensitive to his or her responsibility as the agent of the district in these matters.

A founding principle of labor relations is that employees have a right to organize into employee organizations (often referred to as associations or unions) and to bargain collectively with their employers relative to working conditions.  Once representation has been established, there are obligations which the union must assume, the most important of which is its obligation to fairly represent the members in the bargaining unit.  A union which has been designated and certified as the exclusive bargaining agent must represent all members of the unit without exception whether or not they are members of the union itself.

Handling grievances at the early stages of the grievance procedure is considered part of the supervisor's role in labor relations.  A valid and effective formal grievance procedure contributes to the orderly and peaceful redress of employee complaints.  This process is preferable to, and seeks to avoid, protracted legal actions, work stoppages, and other confrontational experiences at the workplace.  A positive management attitude, which respects the integrity of the grievance process, clearly serves the best interests of both labor and management and facilitates the ability of the administrator/supervisor/manager to work effectively under the provisions of the bargaining agreement and with representatives of the local employee organization.  We hope the contents of this workbook will assist first line supervisors and middle managers to meet their dual responsibilities of fairly and effectively implementing a grievance procedure and preserving and maintaining management's basic rights.

Topics Include:

  • Subjects of Bargaining
    • Scope of Bargaining
    • Impacts and Effects Bargaining
    • Past Practice
    • Additional Obligations
    • Participatory Governance
  • Labor Negotiations and the First Line Supervisor
    • The Labor Negotiations Process
    • Enforcing the Labor Agreement: First-Line Supervisor
    • The Relationship Between Supervisor and Union Representative
  • Management Rights
    • Management's Rights to Operate Efficiently
    • Management's Communication with Employees About Union Membership
    • Management's Right to Discipline
    • Management Rights Clause
    • Restrictions on Management Rights
    • The First Line Supervisor's Role
  • Union Rights and Activities
    • Union Organization
    • Union and Employee Rights After Representation is Certified
    • Union Responsibilities
  • An Employee's Right to Representation
    • Representation in an Investigatory Interview (Weingarten Rights)
    • Representation in a Grievance Meeting
    • Representation in an Interactive Process Meeting
    • Right to Refuse Membership
  • The Grievance Process
    • What Is a Grievance?
    • What Is a Grievance Procedure?
    • Grievance Procedures Require Support and Commitment to be Successful
    • Checklist: How to Avoid Grievances
    • Processing the Grievance
    • Checklist: Handling Grievances at the Initial Step
    • Important Follow-Up Steps After the Grievance Meeting
    • The Written Response to the Grievant
    • The Appeal and Arbitration Process
    • Preparing for the Arbitration/Appeals Hearing
    • Checklist for Testifying as a Witness
  • Criteria Used by Arbitrators in Interpreting Agreement Language
    • The Criteria
    • Standards of Proof and Evidence
    • Effect of Binding Arbitration
  • Issues and Challenges
    • Introduction
    • Grievance Issues
Disclaimer:

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

* Discounted Prices are available only for our Premium Members.

Full Price:

$75

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Last Updated: September 2023

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The purpose of this workbook is to assist community college districts and their administrative and management teams in effectively administering the labor negotiation process.

The Educational Employment Relations Act (EERA) - the California law that mandates the collective bargaining responsibilities for California public school employers, including school and community college districts — refers to this process as "meeting and negotiating."  (Gov. Code §§ 3540-3549.3.) However, in light of the manner in which both the Public Employment Relations Board (PERB) and the courts have interpreted the EERA, the traditional private sector term "collective bargaining" aptly describes the process.  Thus, this workbook uses these terms interchangeably.

The EERA was enacted to improve employer-employee relations within the public schools by providing a uniform basis for recognizing the right of public school employees to join and be represented by organizations of their own choosing "in their professional and employment relationships," to select an exclusive bargaining representative, and "to afford certificated employees a voice in the formulation of educational policy." (Gov. Code § 3540.)

Since the passage of EERA in 1975, labor disputes, strikes and litigation related to labor relations have been an unavoidable part of the negotiations environment.  This workbook will discuss the process of negotiations as well as substantive matters within the scope of representative.

There is a wide divergence among California community college district employers regarding collective bargaining approaches.  Most bargain collectively both with academic employees and with classified employees.  Some bargain with one group and not the other.  Some have units of supervisory employees.  Because of this diversity of experience, some workbook material may seem elementary to the reader who is an experienced labor negotiator and at the same time not sufficiently clear to the reader who is new to labor negotiations.  It is hoped, however, that the workbook as a whole will serve attendees as a helpful guide as they are involved in their employer's approach to the collective bargaining process.

Topics Include:

  • Legal Framework for Collective Bargaining in Community College Districts
    • Introduction
    • The Legal Framework for Negotiations
  • Subjects of Bargaining
    • The Contract and Past Practice
    • Scope of Representation
  • Negotiating the Collective Bargaining Agreement
    • Preparation for Negotiations
    • Negotiation Process
    • Agreement and Impasse
Disclaimer:

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

* Discounted Prices are available only for our Premium Members.

Full Price:

$75

Premium LL Rate:

$60*

Last Updated: June 2023

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The purpose of this workbook is to assist local agency officials and representatives to effectively administer the meet and confer process

The Meyers-Milias-Brown Act (MMBA)—the California law that mandates that process for cities, counties and special districts—refers to it as "meeting and conferring in good faith." However, in light of the manner in which the courts have interpreted the MMBA, the traditional private sector terms "negotiating" and "collective bargaining" more aptly describe the process. Thus, this workbook uses these terms interchangeably.

Since its passage in 1968, labor disputes, strikes and litigation related to labor relations under the Meyers-Milias-Brown Act have been relatively infrequent. Periodically, however, public employee unions and their allies have sought to modify the law to create a labor relations environment more closely resembling their goals and objectives. Those efforts resulted in an amendment to the Meyers-Milias-Brown Act, effective 2001. This amendment extends the jurisdiction of the Public Employment Relations Board (PERB) to cities, counties and other local government agencies. This workbook will discuss PERB jurisdiction and its impact on local government labor relations.

There is a wide divergence among California local agencies in the degree to which some continue to operate primarily along traditional civil service lines, and the extent to which others have changed to the private sector labor-management relations model. While the private sector model increasingly represents the norm, because of this divergence some workbook material may seem elementary to the reader who is an experienced labor negotiator and at the same time not sufficiently clear to the reader who is new to labor negotiations. It is hoped, however, that the workbook as a whole will serve readers as a helpful guide as they are involved in their agency's approach to the collective bargaining process.

Topics Include:

  • Legal Framework for Collective Bargaining in the Public Sector
    • The Legal Framework for Public Agency Managers and Negotiators
    • Local Rules
  • Subjects of Bargaining
    • The Contract and Past Practice
    • Scope of Representation
  • The Negotiation Process
    • Preparation for Negotiations
    • Negotiation Process
    • Agreement and Impasse
Disclaimer:

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

* Discounted Prices are available only for our Premium Members.

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Last Updated: September 2019

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Section 3507 of the Meyers-Milias-Brown Act authorizes local agencies to adopt "reasonable rules and regulations after consulting in good faith" with representatives of all its employee organizations. Commonly, local agencies exercise this rulemaking authority by adopting an Employer-Employee Relations Resolution or Ordinance.

Disclaimer:

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

* Discounted Prices are available only for our Premium Members.

Full Price:

$75

Premium LL Rate:

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Last Updated: January 2024

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As the state of California descends into a major revenue shortfall and budget deficit for the 2024-2025 fiscal year, local public agencies are on high alert to minimize the impact of an economic slowdown on local funding. Coming off the heels of the COVID-19 pandemic and high inflation, California public agencies have already weathered recent, severe revenue shortfalls and increased, unbudgeted emergency costs for critical services. In response to wages not keeping up with inflation, California labor groups have escalated labor activity, and employers throughout the state have faced an unprecedented number of labor strikes.

This “perfect storm” combination of severe revenue shortfalls and increased emergency services has required public agencies to come up with creative alternatives to reduce costs to avoid extreme measures such as lay-offs.  This in turn has called on labor relations managers to be ever more strategic around downsizing techniques, rules related to reductions in force, and creative alternatives to downsizing, Management must be prepared to work with labor organizations on  cost-saving measures such as hiring freezes, early retirement incentives, furloughs, the reduction or deferment of certain benefits, and layoffs (as a last resort).  The objective is to negotiate and effect cost reduction and downsizing measures that will ensure the continued delivery of essential public services during this public health emergency.

The purpose of this workbook is to identify options for reducing personnel-related expenditures and provide the guidance needed to help develop and implement those options during these challenging economic times.

Topics Include:

  • Downsizing
    • Permanent Change Versus Temporary Relief
  • Developing the Implementation Plan
    • Checklist for Downsizing Alternatives
    • Checklist of Legal and Bargaining Considerations
  • Implementing the Downsizing Program
  • Early Retirement Incentives
    • ADEA and FEHA Compliant Incentives
    • Preparing Enforceable ADEA Waivers in Connection with an Early Retirement Incentive
    • “Golden Handshake” for CalPERS Agencies
    • “Golden Handshake” for ’37 Act Employers
  • Reducing Retirement Costs
    • Vested Rights
    • Terminating Contract with CalPERS or Under CERL
    • Retiree Medical Benefits Through CalPERS
    • Retiree Medical for ’37 Act Agencies
  • Employment After Retirement
    • Reduced Worktime for Partial Service Retirement – CalPERS Local Agencies
    • Post-Retirement Employment Without Reinstatement
  • Furloughs
    • The Duty to Meet and Confer Over Work Furloughs
    • Furloughs and FLSA Implications
    • Furloughs and Pension Implications
    • Outside Employment
  • Layoffs
    • Practical Problems Associated with Layoffs
    • Legal Concerns Associated with Layoffs
  • Municipality-Wide Actions To Address Budget Issues
    • Increasing Tax Revenue Through Voter Supported Tax Initiatives
    • Pension Reform at the Ballot Box
    • Declaration of Fiscal Emergency
    • Municipal Bankruptcy – Is It Ever the Right Option?
  • Negotiating During Lean Economic Times
    • Develop a Negotiating Strategy
    • Preparation for Negotiations is Essential to Success
    • Conditions Needed for Successful Negotiations During Lean Economic Times
    • Are You at Impasse?
    • Rules for Unilateral Implementation
Disclaimer:

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

* Discounted Prices are available only for our Premium Members.