Labor Relations Fundamentals for Community College Districts

Handling grievances at the early stages of the grievance procedure is considered part of the supervisor’s role in labor relations. A valid and effective formal grievance procedure contributes to the orderly and peaceful redress of employee complaints. This process is preferable to, and seeks to avoid, protracted legal actions, work stoppages and other confrontational experiences at the work place. A positive management attitude, respectful of the integrity of the grievance process, serves the best interests of both labor and management. It facilitates the ability of the administrator/supervisor/manager to work effectively under the provisions of the bargaining agreement and with representatives of the local employee organization. We hope the contents of this workbook will assist first line supervisors and middle managers to meet their dual responsibilities of fairly and effectively implementing a grievance procedure and preserving and maintaining management’s basic rights. In community college districts the first line supervisor can be a classified manager, supervisor, or an educational administrator, such as a dean or a vice president. The terms “supervisor,” “manager” and “administrator” are used to discuss the supervisory relationship throughout this workbook. Supervisors may experience a union effort to “organize” employees in the workplace. An organizing drive may come as a surprise to the employer, or may be anticipated based on discussions or a preceding series of events. Supervisors are legally prohibited from interfering in an organizing drive and from obstructing protected activity. 4 Employers receiving state funds are prohibited from using any of those funds to "assist, promote, or deter union organizing." 5 Furthermore, statutory law prohibits a public employer from deterring or discouraging public employees or applicants from becoming or remaining members of an employee organization, authorizing representation, or paying dues to an employee organization. 6 However, supervisors do have certain rights, as well as responsibilities, when responding to an organizing campaign. This section describes the process of organizing and establishing representation of a bargaining unit. A. A CHIEVING M AJORITY S UPPORT The organizing process typically starts off with contact made between a labor organization and a group of employees. Either party may initiate this contact. When a group of employees contacts a union, it is often in response to perceived problems in the workplace, such as a reduction in salary, benefits or staff, perceived unfair treatment of employees, or unsafe working conditions. Once contact is made, the union representative will spend a period of time meeting with the employees and gathering signatures on a petition or authorization cards. An authorization card is a card signed by an employee that authorizes a union to represent the employee in his or her employment relationship with the district (e.g., collective bargaining). Some cards may state that S ECTION 2 P ROTECTED U NION A CTIVITY AND O RGANIZING

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 9