DEVELOPING A PARTNERSHIP

PATRICIA MATHIS, RN, MSN, NEA-BC10-23-15

Nurse Executive and Labor Relations

Objective

To identify processes utilized to facilitate a partnering environment between management and bargaining units

Labor Management Partnerships

1993 – Clinton National Partnership Council for Federal Government

Employees

1997 - Kaiser Permanente Developed Labor Management Partnership (LMP) 28 Union Locals, Kaiser Permanente and the

Permanente medical groups

MANAGEMENT RIGHTS

Hire, direct, layoff, and retain employees

Effect disciplinary actions

Assign work

Select and appoint employees

Whatever action necessary in the event of an emergency

Change working conditions AFTER notifying union and providing opportunity to negotiate impact and implementation (I&I)

EMPLOYEES RIGHTS

FORM, JOIN OR ASSIST a labor organization;

ACT AS A REPRESENTATIVE of a labor organization;

BARGAIN COLLECTIVELY through a labor organization;

Union Representation IF formal discussion;

Pay or not pay dues, still entitled to Bargaining Unit Representation

UNION RIGHTS

Bargain with agency over the impact and implementation (I&I) of practices, policies and working conditions

Negotiate with agency when management actions impact working conditions

Represent bargaining unit employees in investigative meetings, grievances, and discussions related to working conditions

MANAGEMENT UNFAIR LABOR PRACTICES

Interfere with, restrain, or coerce an employee to exercise his rights for representation;

Attempt to induce management to discriminate against the employee

Refuse to consult, or negotiate

Fail to cooperate in impasse procedures

Enforce rules or regulations in conflict with prior collective bargaining agreement

UNION UNFAIR LABOR PRACTICES

Attempt to induce agency management to discrimination against an employee

Interfere with, restrain, or coerce an employee in the exercise of his rights. Coerce or take an economic sanction against a union member as punishment for the purpose of hindering work performance or productivity of a Federal employee

Discriminate against an employee with regard to the terms or conditions of membership based on race, color, creed…

Refuse to consult or negotiate with an agency

Fail to cooperate in impasse procedures

Call or engage in a strike, work stoppage or slowdown, or picketing which interferes with an agency’s operations

Barriers for Labor and Management Officials

Focus on one person rather than representing the collective interest;

Own interest….ex. Want 15 spots for SEIU officials;

Lack of knowledge …ex. Practice change….invited to decisional meetings….did not come;

Lack of TRUST

Who holds the POWER

AVOIDING UNFAIR LABOR PRACTICES

Definition: An unfair labor practice is a violation of the rights provided by the Federal labor-management relations law

Most Common Management ULP’s Failure to Bargain Failure to Allow Union Representation Discriminatory Actions or Threats

Common ULP Situations Workplace Change Situations Meeting with Bargaining Unit Employees Statements or Actions Related to Union Activity

Kaiser Permanente Partnership

Union Worker POV.wmv

MOU

THIRD PARTIES

Federal Mediation and Conciliation Service

Federal Service Impasses Panel

Arbitrators

Federal Labor Relations Authority

United States Court of Appeals

Indianapolis VA Partnerships

Two Labor Partners - SEIU and AFGE Predecisional Involvement I&I Bargaining

Management/Labor Monthly Forum Meetings General, non situation specific labor issues

Partnership Opportunities

Nurse Executive/Labor Partner professional relationship development

Inclusive rather than exclusive

Must listen

Hold your decision making when hearing Grievance/Request to Bargain

Use your resources – HR/LR

Keep it about the issue