Labor Relations Fundamentals for Community College Districts

 Approaching the negotiations with a sincere resolve to reach agreement

 Sending representatives to the negotiations table who are prepared to discuss and have the authority to negotiate an agreement  Meeting at reasonable times and convenient places as frequently as may be necessary, while avoiding unnecessary delays

 Providing relevant data/information (upon request) in a timely manner

 Implementing agreements, when they are reached.

In the event the parties reach impasse, they will be required to participate in impasse procedures as provided by the EERA. These may include mediation and fact-finding. 116 If mediation does not lead to settlement, and the mediator declares that fact-finding is appropriate to the resolution of the impasse, either party may request fact-finding, and the parties will participate in hearing before a three-person panel, similar to an arbitration hearing. If the dispute is not settled within 30 days after the appointment of the fact-finding panel, the findings of fact and recommended terms of settlement are issued, and will become a public document within ten days of receipt. 117 Following publication of the advisory fact-finding report and consideration thereof, including further negotiations where appropriate, a district may hold a public hearing regarding the impasse and implement its last, best, and final offer. Following such implementation, a recognized employee organization is entitled to meet and negotiate on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the district of its annual budget. 118 B. E NFORCING THE L ABOR A GREEMENT : F IRST -L INE S UPERVISORS The product of negotiations is the collective bargaining agreement (CBA), also known as a labor agreement. The labor agreement contains the set of parameters within which management and labor must operate. The terms and conditions of public employment, unlike those of the private sector, generally are established by statute rather than by contract. Nonetheless, written agreements regarding terms and conditions of employment give rise to certain obligations which are protected by the contract clause of the Constitution. 119 Because it represents, in effect, a binding contract, supervisors must understand and then comply with the labor agreement on behalf of the district. 1. U NDERSTANDING THE L ABOR A GREEMENT Supervisors should receive a copy of the labor agreement soon after it is signed. Supervisors should read the agreement carefully and note any provisions that may need further clarification. The district should train its supervisors and managers in understanding the agreement. Training meetings for supervisors may include the following:  Review of the contract language. The provisions should be clarified on the basis of management’s perceptions.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 27