Labor Relations Fundamentals for Community College Districts

O VERVIEW

S ECTION 1

This workbook is designed for the community college administrator, supervisor or manager who is involved in labor relations on a day-to-day basis.

College administrators, managers and supervisors often face issues related to union activity in the workplace. This workbook is intended to instruct administrators and others in appropriate conduct when faced with union activity. Our intent is to address the functional, philosophical and professional considerations inherent in the exercise of management’s basic rights within the proper parameters of employee and organizational rights. Supervisors, managers and administrators should be knowledgeable about fundamental labor relations principles when cultivating a positive relationship with employees and employee organizations. Many of these principles originated in the private sector. It is imperative that supervisors and managers understand management rights – and the distinct limitations on that concept – as well as collective bargaining, effective communication methods, and appropriate techniques for responding to grievances. In our experience representing public agencies, these issues present the greatest challenges faced by administrators, managers and supervisors in carrying out their job responsibilities. The law which governs community college district (and K-12 school district) labor relations in the State of California is the Educational Employment Relations Act (EERA). 1 The EERA is based on fundamental precepts contained in federal statutes and governs the relationship between schools or community college districts and employees represented by labor organizations. The EERA is similar to the federal National Labor Relations Act (NLRA), which governs labor relations in the private sector. 2 Other public agencies in California, such as cities, counties and state agencies are subject to different collective bargaining laws. Managers and supervisors should be aware that the liability of the district, including liability that may result from violation of the EERA, extends to the acts of the employer’s “agents.” In effect, this means the district may be held responsible for the actions of its administrators, managers and supervisors when they are acting within the scope of employment, (i.e., in the line of duty). A supervisor must be cognizant of his or her role as an agent of the district when interacting with employees and labor organizations. A primary principle of labor relations is that employees have a right to organize into employee organizations (often referred to as exclusive representatives, employee associations or unions; these terms are used interchangeably in this workbook) and to bargain collectively with their employers relative to working conditions. Once representation has been established, there are obligations that the union must assume, the most important of which is its obligation to fairly represent the members in the bargaining unit. A union that has been designated and certified as the exclusive bargaining agent must represent all members of the unit without exception whether or not they are members of the union itself. 3

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 8