Labor Relations: The Meet and Confer Process

Public agency employers are also prohibited from disclosing the date, time and place of new employee orientations to anyone other than the employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation. 34

3. R EPRESENTATIONAL S YSTEMS

a. Right to Representation The MMBA confers upon public employees 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.” 35 Public employees also have the right to refuse to join or participate in such activities, and have the right to represent themselves individually in their employment relationships with the public agency. 36 However, an individual’s right to self- representation concerning employment relations does not confer the right to individually negotiate an employment contract when the individual holds a classification that is represented by an officially recognized employee organization. 37 Except as authorized by statute, public employees have no right to bargain over the terms and conditions of employment with their employer. 38

i. Checklist: MMBA Representational Systems Must Provide:

1. Supervisory/Management/Confidential Employee Bargaining Rights

 The MMBA extends bargaining rights to all employees, including supervisory, management and confidential employees. 39

2. Bargaining Units/Organizational Recognition

 An agency may adopt rules that set forth the process by which employees choose an exclusive representative. 40  An employer must follow the representation/recognition procedures set forth in its local rules. 41  An employer may not restrict the right of peace officers to join or participate in employee organizations that are composed solely of peace officers. 42 o The MMBA, however, does not require peace officers to be in a separate unit from non-peace officers, if the peace officers so choose to join or remain in the mixed unit. 43  It is reasonable to require separate units for management and related non- management employees, including in the peace officer classifications. 44  It is unreasonable to include one police management position in a unit (e.g., Asst. Police Chief) and exclude another (e.g., Police Chief). 45  Represented management and confidential employees may not represent an employee organization which also represents other employees in the public agency on matters within the scope of representation. 46

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 11