Supervision and Management

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This workbook is intended to offer helpful guidance to executives and high-level managers of public agencies on how to avoid liability. The 12 Steps to Avoiding Liability are based on the firm's many years of experience in advising and defending public agencies. Because "winning" is not winning the lawsuit, it's not getting into the lawsuit in the first place. Each of the Steps focuses on actions that an agency can take to avoid situations which commonly lead to or increase liability for public agencies. The Steps are meant to be general guides for quick reference by the executive without legalese or exhaustive detail.

In today's complicated society, managers and supervisors are expected to walk through a field of legal "land mines" on a daily basis. Federal and state constitutions, federal and state laws, local charters, ordinances, labor agreements, work rules, local arbitration decisions and personnel commission decisions define the laws public agencies must follow. This workbook is intended to serve as a basic survival kit. We hope the checklists included in the 12 Steps will assist you in analyzing a situation and pointing you in the right direction. While the 12 Steps are meant to be a practical guide to situations which commonly create liability for an agency, you should consult with your human resources department, agency attorney, and/or labor and employment attorneys regarding specific employee relations situations.

Topics Include:

  • Step 1 – Follow the Rules
    • The Consequences of an Agency Failing to Follow Its Rules
    • Failure to Follow Rules May Be a Plaintiff’s Main Evidence in a Discrimination Lawsuit
    • Checklist on How to Avoid Violations of an Agency’s Rules
  • Step 2 – Train and Retrain
  • Step 3 – Establish an Effective Hiring and Employee Retention Process
    • Have Good Reasons for Your Hiring Decisions
    • Avoid the Appearance of Favoritism
    • Retain Your Good Employees by Mentoring and Rewarding
  • Step 4 – Accountability for All
    • Performance Evaluations Must Be Accurate
    • The Importance of Documentation and Recordkeeping
    • Empower Your Human Resources Department
  • Step 5 – Be Honest, Consistent, and Fair
    • Honesty
    • Consistency
    • Fairness
  • Step 6 – Communicate, Communicate, Communicate
    • Principles of Effective Communication
    • Dealing with the Public and the Media
    • Listen to Your Employees
    • Communicate Through Training and Performance Evaluations
    • Communicate Expectations
    • Communication Requires Feedback
    • Avoid Stray Remarks
  • Step 7 – Pick Your Battles Wisely
    • Be Realistic – Management Will Not Prevail in Every Labor Relations Dispute
    • Think Broadly and Long Term
    • Successful Labor Negotiations Involve More Than Financial Goals
    • Realize That Change Is Unsettling and Threatening to Employees
  • Step 8 – Investigate before It’s Too Late
    • Investigations Should Be Conducted Promptly
    • Agencies Must Follow Their Own Rules During Investigations
    • If Investigations Reveal Violations of Rules or Law, Act Promptly to Remedy the Situation and
    • Prevent Recurrences
  • Step 9 – Due Process Matters
  • Step 10 – Everything Is “Discoverable”
    • Most Documents Constitute Public Records under the Public Records Act
    • Careless Statements in E-Mails Are a Plaintiff’s Best Friend
    • The Brown Act
  • Step 11 – Litigate to Win!
    • Help Your Attorney Help You!
    • All Testimony Should Be Taken Seriously
    • Checklist for Testifying as a Witness
  • Step 12 – Don’t Take It Personally
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.

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Last Updated: May 2022

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  • Step 1 – Follow the Rules     
    • The Consequences of a District Failing to Follow Its Own Rules
    • Failure to Follow District Policies and Procedures May Be a Plaintiff’s Main Exhibit in a
    • Discrimination Lawsuit
    • Ensuring Compliance with a District’s Policies and Procedures May Bar Claims or Help Districts
    • Defend Against Liability in Civil Litigation
    • Checklist on How to Avoid Violations of A District’s Policies, Procedures and Other Rules
  • Step 2 – Train and Retrain
  • Step 3 – Establish an Effective Hiring and Employee Retention Process     
    • Utilize Accurate Job Descriptions
    • Have Good Reasons for Your Hiring Decisions
    • Avoid the Appearance of Favoritism
    • Retain Good Employees by Mentorship, recognition and reward
  • Step 4 – Accountability for All
    • Performance Evaluations Must Be Accurate
    • The Importance of Documentation and Recordkeeping
    • Empower Your Human Resources Department
  • Step 5 – Be Honest, Consistent, and Fair
    • Honesty
    • Consistency
    • Fairness
  • Step 6 – Communicate, Communicate, Communicate
    • Principles of Effective Communication
    • Dealing with the Public and the Media
    • Listen to Your Employees
    • Training and Performance Evaluations Are Other Means of Communication
    • Communicate Expectations
    • Communication Requires Feedback
    • Avoid Stray Remarks
  • Step 7 – Pick Your Battles Wisely
    • Be Realistic – Management Will Not Prevail in Every Labor Relations Dispute
    • Think Broadly and Long Term
    • Successful Labor Negotiations Involve More Than Financial Goals
    • Realize That Change May be Unsettling and Threatening to Employees
  • Step 8 – Due Process Matters
    • Due Process Arising From Complaints of Discrimination, Harassment or Retaliation
    • Due Process in Disciplinary Matters
    • Avoid Personal and District Liability
  • Step 9 – Investigate before It’s Too Late
    • Investigations Should Be Conducted Promptly
    • Districts Must Follow Their Own Rules during Investigations
    • If Investigations Reveal Violations of Rules or Law, Act Promptly to Remedy the Situation and
    • Prevent Re-Occurrences
  • Step 10 – Everything Is “Discoverable”
    • Most Documents Constitute Public Records under the California Public Records Act
    • Careless Statements in E-Mail Are a Plaintiff’s Best Friend
    • The Brown Act
  • Step 11 – Litigate to Win!
    • Help Your Attorney Help You!
    • All Testimony Should Be Taken Seriously
    • Checklist for Testifying as a Witness
  • Step 12 – Don’t Take It Personally
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: May 2022

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Today's public sector managers and supervisors must balance the ever-increasing demand for public services against an ever-shrinking budget. Because public services are necessarily provided to taxpayers through an agency's personnel, managers and supervisors must develop personnel management skills to meet productivity demands while also ensuring compliance with the many laws and rules regulating workplace conduct. This workbook was developed to assist managers and supervisors in developing the personnel management strategies necessary to carry out these objectives.

Topics Include:

  • The Manager/Supervisor as Leader
    • Create a Professional Work Environment
    • Set Ethical Values and Standards
    • Supervise Efficiently
    • Motivate Direct reports
  • The Manager/Supervisor as a Communicator
    • Principles of Effective Communication
    • Checklist for More Effective Communication Skills
    • Checklist for Orientation of New Employees
  • The Manager/Supervisor as Delegator
    • The Elements of Delegation
    • Self-Assessment: What is your Delegation Score?
    • Basic Elements in Delegation
  • The Manager/Supervisor as Problem Solver 
    • Step 1: Identify the Objective
    • Step 2: Identify the Problem(s)
    • Step 3: Develop Potential Solutions
    • Step 4: Select the Best Solution and Make a Decision
    • Step 5: Implement, Evaluate and Follow Up
  • The Manager and Supervisor as Evaluator
    • Evaluation is a Critical Performance Management Tool
    • Employee Evaluation is an Ongoing Process
    • Preparing Performance Evaluations
    • The Evaluation Meeting
    • Follow Up
  • The Manager and Supervisor’s Role in Disciplinary Actions
    • Due Process Rights: An Overview
    • Types of Disciplinary Actions
    • Issues to Consider Before Initiating a Disciplinary Action Against A “For Cause” Employee
    • Disciplinary Process for Employees Who Have Due Process Rights
    • Frequent Disciplinary Problems
  • The Marginal Employee
    • The Challenge of the Marginal Employee
    • Identifying the Reasons for the Marginal Performance
    • Impact of the Marginal Employee
    • The Role of the Supervisor with the Marginal Employee
  • Managing Absenteeism
    • Defining Excessive Absenteeism and Acceptable Attendance
    • Beware of Protected Leaves
    • Preventing Absenteeism
    • Responding to Absenteeism
    • Respond to Institutional Causes
  • Laws Affecting Personnel Management
    • The Fair Employment and Housing Act/Title VII of the Civil Rights Act of 1964
    • Disability Discrimination
    • Bullying
    • Protected Leaves
    • The Fair Labor Standards Act
    • Workers’ Compensation
    • Union Matters
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: November 2021

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Today's community colleges are called upon to serve widely diverse student populations through a variety of college programs.  Students range from transfer students to students working toward a vocational certificate to students taking a single class for personal fulfillment.  Many dedicated and talented faculty and staff are necessary to support these various educational programs.  Instructional faculty, counselors, instructional aides, clerical, and custodial staff all directly impact the quality of the education the District is able to provide.

Community college administrators, managers, and supervisors need a wide variety of skills to build these employees into a team providing a positive, student-centered learning environment.  These skills include delegation, problem solving and effective communication skills.  This workbook was developed to assist managers in building the necessary skills to motivate their teams to carry out the District's objectives and strategic plans.

Topics Include:

  • Laws Affecting Personnel Management
    • The Fair Employment and Housing Act/Title VII of the Civil Rights Act of 1964
    • Disability Discrimination
    • The Family and Medical Leave Act/California Family Rights Act
    • The Fair Labor Standards Act
    • Workers’ Compensation
    • Union Issues
  • The Administrator/Manager/Supervisor as a Leader
    • Create a Professional Work Environment
    • Set Ethical Values and Standards
    • Supervise Efficiently
    • Motivate Subordinates
  • The Administrator/Manager/Supervisor as a Delegator
    • The Elements of Delegation
    • Do You Have a Problem Delegating?
    • Basic Steps of Delegation
  • The Administrator/Manager/Supervisor as a Problem Solver
    • Step 1: Identify the Objective
    • Step 2: Identify the Problem(s)
    • Step 3: Develop Potential Solutions
    • Step 4: Select the Best Solution and Make a Decision
    • Step 5: Implementation, Evaluation and Follow-Up
  • The Administrator/Manager/Supervisor as a Communicator
    • Principles of Effective Communication
    • Checklist for More Effective Communication Skills
    • Checklist for Orientation of New Employees
  • The Administrator/Manager/Supervisor as an Evaluator
    • Why Do Performance Evaluations?
    • Employee Evaluation is a Constant Process
    • Preparing Performance Evaluations
    • The Evaluation Meeting
    • Follow-Up: If the Employee Needs to Improve
  • The Administrator/Manager/Supervisor as Disciplinarian
    • Issues to Consider before Initiating a Disciplinary Action
    • Determining Whether Discipline is Appropriate
    • Grounds for Discipline
    • Checklist of Source of Disciplinary Grounds
    • Factual Bases Must be Verifiable
    • Available Disciplinary Actions
    • Progressive Discipline Checklist
    • Administrator’s Checklist for Conducting the Disciplinary Counseling Interview
    • Documentation Checklist
    • Pre-Discipline Procedural Requirements
    • Frequent Disciplinary Problems
  • Bullying
    • Introduction
    • The Players
    • What is Workplace Bullying and Who is Affected?
    • Bullying is Not Illegal Harassment
    • How Bullying Behavior Impacts the Workplace
    • Examples of Bullying Behavior
    • What Should Your District Do to Prevent Workplace Bullying?
    • What Can Managers Do About Bullying Behavior?
  • The Marginal Employee
    • The Challenge of the Marginal Employee
    • Identifying the Reason for the Marginal Performance
    • Impact of the Marginal Employee
    • The Role of the Supervisor with the Marginal Employee
  • Managing Absenteeism
    • Defining Excessive Absenteeism and Acceptable Attendance
    • Define Abuse
    • Overview of Protected Leaves
    • Determine Whether Other Leaves Provided by the Education Code Apply
    • Preventing Absenteeism
    • Responding to Absenteeism
    • Respond to Institutional Causes
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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$75

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Last Updated: February 2016

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Traditionally, "discipline" has been defined as a formal adverse action by management toward an employee, including demotion, salary decrease, reprimand, suspension, and dismissal.  Discipline has been viewed as the chief means by which management maintains order and production in the workplace.

However, it is important to view "discipline" in a much broader and more contemporary context.  In actuality, discipline should be part of an overall appraisal system designed to assure optimum employee performance.  After all, employees have been shown to perform optimally when they receive regular and positive reinforcement for their good work and when they are alerted, as early as possible (and, if possible, through non-disciplinary means), to performance deficiencies.

In this context, the proper focus of any "disciplinary" procedure or policy should not be directed toward taking negative action against "problem" employees.  Rather, the focus ought to encompass:

  • Regular evaluation and appraisal of employees;
  • Appropriate recognition and rewards for jobs well done;
  • Consideration of appropriate training and educational vehicles for improving performance and enabling promotion as appropriate, as well as;
  • Consideration of appropriate counseling and punitive actions when indicated by substandard job performance or misconduct.

The focus of this workbook is on two of the most critical phases of this process—evaluation of an employee, and when necessary and appropriate, discipline of an employee.

Topics Include:  

  • Overarching Principles of Evaluations
    • Overview of the Evaluation Process
    • The Ongoing Evaluation System:  Gathering the Facts
    • Constructive Feedback
    • How to Prepare an Effective Written Evaluation
    • The Face-to-Face Evaluation Meeting
  • Evaluations of Certificated Employees
    • Assessment
    • Non-Instructional Personnel
    • Procedural Requirements and Time Lines
    • Post-Evaluation Action
  • Evaluations of Administrators
  • Evaluations of Classified Employees Under the Merit System
  • Evaluations of Classified Employees in Districts Without a Merit System
  • General Principles Governing Discipline
    • Frequent Disciplinary Problems
    • Checklist of Sources of Disciplinary Grounds
    • “Good Cause” Checklist
    • Investigate! - Factual Basis for Discipline Must be Verifiable
    • Checklist for Analyzing Discipline Problems
    • Progressive Discipline
    • Progressive Discipline Checklist
  • Discipline And Dismissal Of At-Will Employees
  • Non-Reelection of Probationary Certificated Employees
    • Provide Notice by March 15 of Preceding Academic Year
    • Consequences of Failure to Provide Proper Notice
    • Resignation in Lieu of Non-Reelection
  • Discipline of Certificated Employees for Cause
    • Prerequisites to Dismissal and “Statutory” Suspensions: Notice and Opportunity to Improve Unprofessional Conduct or Unsatisfactory Performance
    • Critical Deadlines
    • Dismissal and Suspension of Permanent Certificated Employees
    • Grounds
    • Grounds for Immediate Suspension Pending Termination
    • Suspension or Transfer Due to Mental Illness
    • Skelly procedures
    • Obligation to Report to the Commission on Teacher Credentialing
    • Overview of Dismissal Process
    • Hearing
  • Discipline of Classified Employees Not Under Merit System
    • Cause for Discipline
    • Statutory Grounds for Dismissal
    • Procedures for Implementing Discipline
    • Remedies for Failure to Provide Pre-Discipline Due Process
    • The Liberty Interest (“Lubey”) Requirements
    • Issuance of Final Notice of Discipline
    • Post-Disciplinary Appeal Hearing
    • Judicial Review
  • Discipline of Classified Employees Under Merit System
    • Cause for Discipline
    • Suspension, Demotion or Dismissal
    • Compulsory Leave of Absence – Sex Offenses and Controlled Substance Offenses
    • Appeal of Suspension, Demotion or Dismissal
    • Probationary Period
  • Discipline and Dismissal of Administrators
    • General Principles
    • Release of Administrators Not Employed by Contract
    • Administrators with Permanent Classification as Teachers
    • Transfer of Employee from Administrative or Supervisory Position to Classroom Position
  • Legal Considerations
    • The Ralph M. Brown Act (“The Brown Act”)
    • Placement of Documents in Personnel File
    • First Amendment Rights (Employee Speech)
    • Discrimination
    • Discrimination for Workers’ Compensation Claim or Injury
    • Retaliation for Engaging in “Protected Activity”
    • Whistleblower Claims
    • Accommodation for Disability
    • Invasion of Privacy
    • When Misconduct Investigations Are Public Records
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:

$55

Premium LL Rate:

$55*

Last Updated: June 2022

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This workbook is designed to give Managers, Human Resources Staff and Risk Managers a labor and employment law perspective on disaster response.  The workbook will address many subjects related to disaster service such as administering the loyalty oath, increasing the likelihood that employees will respond in the event of a disaster and creating disaster response policies and procedures.

Topics Include:

  • Background
    • What Is The California Emergency Services Act?
    • How Does the Emergency Services Act Affect Your Agency?
    • What Is the State Emergency Plan?
    • What Is the Standardized Emergency Management System?
    • What Is Mutual Aid?
    • Proclamation of a Local Emergency
    • Continuity of Local Government
    • How Is the Emergency Services Act Relevant to Public Employees?
  • How Do Public Employees Become Disaster Service Workers?
    • Employees Must Take and Sign Loyalty Oaths (or Affirmations) and Submit Certain Information for Filing with the Appropriate Authorities
    • What if an Employee Has Not Been Given the Loyalty Oath/Affirmation?
    • Making Any False Statements While Taking the Oath/Affirmation
    • Why Register Public Employees as Disaster Service Workers?
    • Disaster Service Worker Classifications
  • Duties and Responsibilities of Disaster Service Workers
    • What is “Disaster Service?”
    • What Is Not Considered Disaster Service?
  • Preparing Disaster Plans and Policies
  • What if Employees Refuse to Perform Their Disaster Assignment?
  • Compensation for Performing Disaster Service
    • Must the Agency Pay Its Employees for Performing Disaster Services?
    • Must the Agency Pay Employees to Stay Home?
  • Agency Employees Who Are Injured While Performing Disaster Services Are Entitled to Workers’ Compensation Benefits
    • Agency’s Workers’ Compensation Insurance
    • State Compensation Insurance Fund
  • Limited Immunity from Liability
    • Federal Law
    • State Law
    • When Is Immunity Not Available?
  • State of War Emergency        
    • Governor Has Authority to Issue Lawful Orders
    • Penalties for Refusing to Obey or Willfully Neglecting Orders
  • Federal Declarations  
    • Background:  Robert T. Stafford Disaster Relief and Emergency Assistance Act
    • Obtaining a Federal Declaration
  • Registered Disaster Service Worker and Convergent Volunteers 
    • Registered Disaster Service Worker Volunteers
    • Convergent Volunteers
    • Registration of Disaster Service Worker and Convergent Volunteers
    • Managing Convergent Volunteers
  • Disaster Supplies Kits
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:

$55

Premium LL Rate:

$40*

Last Updated: July 2021

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Abuse of leave and excessive absenteeism undermine employee morale, interrupt schedules, reduce productivity, and raise overtime costs.  A recent survey revealed that unscheduled absences cost employers an average of $610 a year per employee, totaling $60,000 for smaller employers to millions of dollars for larger employers. The costs to employers include:

  • Administrative costs associated with rescheduling or hiring staff
  • Extra payroll costs for temporary staff
  • Training costs associated with existing or temporary staff
  • Reduced productivity
  • Overtime and compensatory time
  • Insurance claims and legal fees
  • Cost of sick leave pay

In short, the cost of absenteeism to the public employer – and ultimately the public it serves – is considerable.  Fortunately, there are measures that public employers can take to reduce absenteeism.  Controlling absenteeism can be accomplished in three steps: establishing standards, communicating and implementing preventive strategies, and responding effectively.  This workbook is designed to help public employers proactively implement this three-step strategy.

Step 1:  Establish Standards

Before an employer can effectively curb absenteeism, it must first establish standards concerning attendance, absences, and leaves.  This requires an employer to examine workplace characteristics and needs that are unique to the employer.

Step 2:  Communicate and Implement

Once an employer establishes standards, it can implement proactive measures to prevent absenteeism from taking root.  This takes place through communication of the standards in both written and oral form and the implementation of best management practices that encourage good attendance.

Step 3:  Respond

When excessive or abusive absenteeism occurs, the employer must take action promptly.  This includes distinguishing between excess and abuse, identifying applicable statutory leave protections, if any, and determining the appropriate method of resolving the absenteeism problem.  If an absence is authorized by law, the employer must not penalize the employee.  Absences not authorized by law should be treated as a performance problem and progressive discipline may be appropriate.

Topics Include:

  • Define “Absenteeism” and Unprotected Leaves
    • What To Include In The Definition
    • What NOT To Include In The Definition
    • Define “Excessive”
    • Define Abuse
  • Prevent
    • Communicate Standards
    • Encourage Good Attendance
    • Maintain Attendance Data
  • Respond
    • Responding To Abuse of Leave – Identifying The Problem
    • Responding To Abuse of Leave – Implementing An Effective Strategy
    • Responding To Excessive Use of Leave
    • Responding To Institutional Causes
  • Overview of Protected Leaves
    • Differential Pay
    • Industrial Accident and Illness Leave – Education Code
    • Industrial Injury Leave – Labor Code
    • Disability Leaves
    • California Pregnancy Disability Leave (PDL)
    • Family and Medical Care Leave (FMLA & CFRA)
    • California Paid Sick Leave
    • Protected Sick Leave
    • Military Leave
    • Leaves To Appear At Child’s School
    • Domestic Violence, Sexual Assault, or Stalking Leave
    • Jury Duty and Witness Leave
    • Voting Leave
    • Determine Whether Other Leaves Provided By The Education Code Apply
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: August 2021

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Public sector employee supervision is complex and challenging.  Supervisors must exercise judgment and discretion, but must be aware of limitations on authority.  State and federal laws impose many of those limitations.  Rules, policies and ordinances adopted by the agency, and collective bargaining agreements, raise other limitations.  The duty to meet and confer over changes to conditions of employment also limits supervisors' discretion.

This workbook discusses supervisors' discretionary rights and legal obligations, with particular focus on the unionized workplace in which employees are represented by an employee organization in their relationship with the employer.  It is imperative that supervisors understand management rights – and the distinct limitations on that concept – as well as collective bargaining, effective communication methods, disciplinary due process applicable to public employees, and appropriate techniques for responding to grievances.  In our experience representing public agencies, these issues present the greatest challenges faced by supervisors in carrying out their job responsibilities.

Topics Include:

  • The Discretion to Manage
    • Management Rights Clause
    • The First Line Supervisor’s Role
  • Management Rights Doctrine
    • Management’s Right to Operate Efficiently
    • Management’s Communication with Employees About Union Membership
    • Management’s Right to Discipline
  • Protected Union Activity and Organizing
    • Achieving Majority Support
    • Permissible vs. Unlawful Activity During Organizing
    • Union and Employee Rights Upon Recognition
    • 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
  • Labor Negotiations and the First-Line Supervisor
    • The Labor Negotiations Process
    • Enforcing the Labor Agreement: First-Line Supervisors
    • The Relationship Between Supervisor and Union Representative
  • The Grievance Process
    • What is a Grievance?
    • What is a Grievance Procedure?
    • Grievance Procedures Require Support and Commitment to Be Successful
    • Checklist on How to Avoid Grievances
    • Processing the Grievance
    • 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
    • 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.