Labor Relations: The Meet and Confer Process

objective to collect accurate information regarding deputy-involved shootings was a fundamental managerial or policy decision, it was not subject to meet and confer. 243

Employee’s Use of City Facilities

 Rule prohibiting prior practice of using agency facilities to wash personal cars is subject to bargaining because it affects working conditions and imposes potential discipline. 244

iii. Miscellaneous Contract Provisions

Preamble or Purpose Clause

 An employer should avoid “motherhood and apple pie” phrases such as “assure harmonious relations and equitable treatment.” Unions will use these types of provisions to claim contractual violations every time there is a disagreement, even if the disagreement does not pertain to any substantive contract provisions and generally lacks grievability.  Ideally, a change to preamble or purpose language should indicate the following as purposes: achieving optimum efficiency and quality public services; assuring continuity of operations; and expressing the complete agreement between the parties.

Grievance Procedure

 Grievance procedures are within the scope of representation. 245

 A grievance procedure should specify the definition of a grievance, which should be limited to alleged violations of the MOU, particularly if the grievance procedure culminates in binding arbitration. Specify what is excluded from the grievance procedure, such as claims of discrimination or harassment, disciplinary appeals, application and/or interpretation of charters, codes, ordinances, and/or preamble.  A grievance procedure should specify time limits and the consequences of failure to meet the time limits.  An employer should specify that the grievance procedures expire upon expiration of the MOU.  A savings clause provides that if a provision of the MOU becomes inoperable by law, then it is severed from the agreement, and the remainder of the agreement is preserved.  An employer should not agree to language that promises to provide a replacement benefit of equal value. If there is such an agreement, it should state that discussions will be postponed until the expiration of the agreement if parties cannot reach agreement on a substitute provision within a specified time period.  An employer should avoid binding arbitration where possible. Severability/Savings Clause

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 43