Labor Relations 1 Labor Relations Objectives In this

Labor Relations 1

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. 2

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 3

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) 4

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 ANRStaff. Personnel@ucdavis. edu. 5

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. 6

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. 7

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. 8

Labor Relations • Unfair Labor Practices • Notice Requirements • What is Notice? • When to Give Notice • Change in Conditions of Employment 9

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: • • Necessary Reasonable In Compliance Beneficial Clear Enforceable Publicized 10

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. 11

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: • • • 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. 12

Labor Relations Workplace Behavior Preventative Steps to Maintain a Safe 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. 13

Labor Relations Workplace 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. • Recent major change in behavior, demeanor, appearance • Intimidating, verbally abusive, harasses or mistreats others • Use/abuse of drugs and/or alcohol • Unwelcome obsessive romantic attention/stalking • Makes threatening references to other incidents of violence • Makes threats to harm self, others, or property • Has known history of violence • Morally superior, self-righteous • Feels entitled to special rights and that rules don't apply to him/her 14

Labor Relations Complaint and Grievance Rights Guiding Principles • 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 15

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. 16

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. 17

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. 18

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. 19

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. 20

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. 21

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. 22

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. 23

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. 24

Resources ANR Staff Personnel Unit: ANRStaff. Personnel@ucdavis. edu 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 25