Labor Relations Training Terri V. Brew Labor Relations

Labor Relations Training Terri V. Brew Labor Relations Specialist LABOR/MANAGEMENT AGREEMENT BETWEEN THE

NEW YORK NATIONAL GUARD AND ASSOCIATION OF CIVILIAN TECHNICIANS 2016 - 2019 Purpose To provide information on key areas of the contract

Supervisor Responsibilities - Know the contract - Exercise and protect management rights - Know Union rights - Foster labor-management relationships - Be proactive Union Rights

- A Labor organization (ACT) which has been accorded exclusive recognition to act for, and negotiate collective bargaining agreements covering all employees in the collective bargaining unit. - Must be given the opportunity to be represented at all formal discussions between management and employees concerning grievances, personnel policies and practices, or other general conditions of

employment New Contract Changes Quick Reference Guide - e-OPF now electronically viewed - Employee benefits Time to review information - Comp time and overtime Detail provided - Rest periods - Defined -Sick leave requests Must be acknowledged

-Admin leave for dental exams -Blood donations up to 4 hours donor card -Inclement weather designees added - Performance appraisals rewrite to article New Contract Changes - Awards list to be provided without names -RIF Section rewrite

Use of Official Time MUST BE APPROVED FOR UNION OFFICIALS TO ATTEND: * Conventions * Training * Conferences * Negotiations

MAY NOT BE APPROVED FOR INTERNAL UNION BUSINESS (5 USC 7131 provides that internal union business shall be conducted during the non-duty hours of the employees concerned) Use of Official Time Official time must be coordinated with: - Supervisor - HRO/Labor Relations Specialist

WHAT IS A FORMAL DISCUSSION? (Under 5 USC 7114) A discussion which is - formal in nature - between one or more representatives of the agency AND one or more bargaining unit employees or representative, AND

- related to any grievance or any personnel policy or practices or other general conditions of employment MANAGEMENT OBLIGATIONS -Notify the appropriate union representative of the meeting, usually with a read & open email - Afford union representative the opportunity to attend the meeting - Allow the union representative to actively

participate at the meeting Managements Rights To determine the mission, budget, organization, number of employees, and internal security practices To hire, assign, direct, layoff, suspend, remove, reduce in grade or pay, or take other disciplinary action To assign work To make contracting out decisions

To determine personnel for operations To select personnel from properly ranked and certified candidates or any other appropriate source To take whatever actions necessary to carry out mission during emergencies Unfair Labor Practice It is an unfair labor practice for management officials to interfere with, restrain, or coerce employees in the exercise of rights

To encourage or discourage labor organization membership To sponsor, control or assist any labor organization other than customary services To discipline or discriminate against an employee because he has filed a complaint, affidavit, or petition, or has given testimony under the Statute To refuse to negotiate in good faith with a certified labor organization To enforce any rule or regulation which is in conflict with a

bargaining agreement Arbitration Hearings Supervisors may be involved in arbitration proceedings An arbitration proceeding is the result of an employee grievance according to the labor contract

An arbitration hearing consists of the issue of the grievance, testimony by witnesses, and submission of documents before an arbitrator Information Requests The union is entitled to information from the agency that is: normally maintained in the course of business reasonably available

necessary for a full understanding and negotiation of subjects within the scope of collective bargaining does not constitute advice or counsel on labor relations Grievances What are they? What do you do if you get one?

QUESTIONS Terri V. Brew Phone: 518-786-4647 DSN: 489-4647 Email: [email protected]

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