Contract Maintenance

Two Main Functions of the Collective Bargaining Agent Defining the relationship between the employer and the employee - Negotiations Administering the Collective Bargaining Agreement - Grievance Defining the relationship between the employer and the employee - Negotiations Administering the Collective Bargaining Agreement - Grievance

Things to Remember about Negotiations Formation of Union Negotiating Team Makeup of team - Who can serve? Preparing for negotiations Exchange of Proposals Formation of Union Negotiating Team Makeup of team - Who can serve? Preparing for negotiations Exchange of Proposals

The cba (contract) should: Define the bargaining unit Stipulate beginning of negotiation on successor contract Set impasse procedures Stipulate dates contract is in force Provide for continuation after expiration Set grievance procedure Provide for maintenance of benefits Define the bargaining unit Stipulate beginning of negotiation on successor contract Set impasse procedures Stipulate dates contract is in force Provide for continuation after expiration Set grievance procedure Provide for maintenance of benefits Example of a maintenance of benefits clause All conditions or provisions beneficial to employees which constitute terms and conditions of employment and which are in effect which are not specifically provided for in this contract or which have not been replaced by provisions of this contract shall remain in effect for the duration of this contract, unless mutually agreed otherwise between the employer and the union.

Negotiations: Remember Simple plain spoken language Avoid: if possible, whenever feasible, etc. Shall vs Will Simple plain spoken language Avoid: if possible, whenever feasible, etc. Shall vs Will

Contract should include a detailed grievance procedure Define grievance List steps (Levels) Set Procedures for meetings, hearings Include time limits Provide for Binding Arbitration Limit Arbitrators Authority Define grievance List steps (Levels) Set Procedures for meetings, hearings Include time limits Provide for Binding Arbitration Limit Arbitrators Authority

Grievance - Committee or One Person If the bargaining unit is large, then a committee is recommended Who should serve? Bargaining unit members If a federation, then at least one member from each constituent organization If the bargaining unit is large, then a committee is recommended Who should serve? Bargaining unit members If a federation, then at least one member from each constituent organization

How should a grievance committee function? Meet Regularly (at least monthly) Study the Contract Discuss Active & Pending Grievances Advise & Support Each Other Vote on disposition of active grievances Vote on recommendation to bargaining unit governing body Report back to constituent organization membership Meet Regularly (at least monthly) Study the Contract Discuss Active & Pending Grievances Advise & Support Each Other Vote on disposition of active grievances Vote on recommendation to bargaining unit governing body Report back to constituent organization membership

Other Duties of Grievance Committee Members Consult, Advise, and Support Potential Grievant Informal Conference: Assist & Support Grievant Instruct & Assist Grievant - assembling documentation Compose Initial Grievance Document Signature on Initial Grievance Document Representation at Hearings Preparation for Higher Level Consult, Advise, and Support Potential Grievant Informal Conference: Assist & Support Grievant Instruct & Assist Grievant - assembling documentation Compose Initial Grievance Document Signature on Initial Grievance Document Representation at Hearings Preparation for Higher Level

Duties of the Grievance Director Chairs the Committee Speak for the Grievant Compose Grievance Documents at Higher Levels Reports to: Work with Attorney Chairs the Committee Speak for the Grievant Compose Grievance Documents at Higher Levels Reports to: Work with Attorney

Arbitration Attorney?? Arbitration Notice Selection/Appointment of Arbitrator Hearings Arbitrators Award Post Award Possibilities Attorney?? Arbitration Notice Selection/Appointment of Arbitrator Hearings Arbitrators Award Post Award Possibilities