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