Labor Relations: The Meet and Confer Process

 A “no strike” clause should specify that in the event of a strike, the agency may suspend dues/other union-based fees deductions.  A “no strike” clause should specify that each party consents to and waives any defenses against any injunctive action by the other party to enforce the provision.

Waiver of Rights

 The union cannot by labor agreement waive unit employees’ constitutional rights. 264 (i.e. “ Skelly Procedure” due process rights).  A union can waive individual employees’ statutory right to bring an employment discrimination claim in court by a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate all such claims. 265

T HE N EGOTIATION P ROCESS

S ECTION 3

A. P REPARATION FOR N EGOTIATIONS

1. O RGANIZING FOR N EGOTIATIONS The success of governmental operations depends in large measure upon successful employee relations; and successful employee relations, in turn depends more and more upon successful negotiations. It follows that successful employee relations and successful negotiations require the involvement of all agency officials, managers and supervisors. Establishing a negotiations system requires policy direction from the governing body, the chief administrative official, the agency’s attorney, and the management official(s) responsible for the agency’s personnel administration and employee relations. Someone with labor relations expertise is needed to advise these officials, and to handle the consultations with the agency’s employee organizations regarding the rules.

The organizational functions for negotiating labor agreements should include the following:

a. The Governing Body

 Receives ongoing information and advice from its staff relevant to formulating negotiating objectives and parameters, and fixes limits of authority of its negotiating representatives.

 Considers the tentative agreement reached by the parties. 266

 Rejects or adopts MOUs and their implementing ordinances and resolutions.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 47