Labor Relations Fundamentals for Community College Districts

While PERB decided the case under the Trial Court Act, PERB will likely interpret other collective bargaining statutes, such as the EERA, in a similar fashion.

L ABOR N EGOTIATIONS AND THE F IRST -L INE S UPERVISOR

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Supervisors may or may not have a formal role in labor negotiations; however, they are responsible for implementing and enforcing labor agreements after negotiations are complete. Supervisors have both the obligation to abide by provisions that protect or benefit employees, and the right to enforce provisions that enable the district to perform its mission. Supervisors’ input in advance of, and during, labor negotiations is therefore imperative to ensure that negotiated rules are fair, efficient and functional.

This section discusses both issues and suggests strategies to improve the exercise of management rights within the context of labor negotiations with unions and employee associations.

A. T HE L ABOR N EGOTIATIONS P ROCESS

Negotiation is a process in which management and labor representatives discuss - and hopefully reach agreement - upon the wages, hours, terms and conditions of employment for the individuals employed in the bargaining unit represented by the exclusive representative. Supervisors can play an important role in management’s labor negotiations effort. The district’s negotiations team should solicit supervisors’ recommendations for changes to the labor agreement, and information from supervisors about workplace challenges and possible solutions. This will assist the district to develop meaningful management bargaining proposals. Negotiators should also consult supervisors before agreeing to new or significantly different contract provisions that will affect district operations. Supervisors, like managers and administrators who are asked for input, might spot “traps” in union proposals not evident to negotiators or point out potential confusion about provisions that need to be clarified. Supervisors can also play an important role in keeping the negotiating team aware of bargaining unit members’ concerns regarding negotiations, e.g., significant issues, emotional issues, and possible concerted action. However, during negotiations, supervisors should refrain from discussing various proposals with represented employees. Such discussions may be interpreted as “direct bargaining” with employees (thus bypassing the union representative) or intimidating, coercive or interrogating conduct, and may result in an unfair practice charge against the district. In some cases, supervisors may be asked to serve on the district’s bargaining team during the negotiation process, during which the district bargaining team is required to engage in a good faith. Good faith includes:

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 26