Procedures for negotiating changes in working conditions at the local office
under Article 8, sections 1-5 of the new collective bargaining agreement.
by Richard J. Hirn, NWSEO General Counsel, March 11, 2002
I. The "Local Office Team" or "LOT" consists of the MIC and the Union Steward.
A. When local management contemplates a change in working conditions, he/she must request a "LOT" meeting before deciding whether to make the change. Sec. 2(B)(1).
1. Local management must solicit input from the bargaining unit, through the local steward, prior to making any decision that materially changes "office operations or working conditions." Sec. 1(A).
2. This includes changes which are "traditional managemetn prerogatives" (such as assignment of work and staffing), the substance of which is normally outside of management's duty to bargain. Sec. 1(A).
3. The steward is to be given 15 days notice of such a LOT meeting in order to obtain employee input. Sec. 2(B)(1).
4. The steward is authorized 8 hours of official time to prepare for LOT meetings. The meetings should be scheduled during the stewards duty hours. Sec. 2(E).
B. The local steward may also request a LOT meeting to discuss changes which the union would like to propose. Sec. 2(B)(1).
1. This includes proposed changes to the rotational work schedule. Article 20, Sec. 3(A). (See General Counsel's memo of February 20, 2002, on "The Process of Establishment of, Or Changes to, Rotational Work Schedules.")
2. Individual employees may not request or propose changes in work schedules or other working conditions to management directly, but only through the steward. Sec. 1(A).
II. Any employee may attend the LOT meeting to present their comments, opinions and suggestions to the MIC and union steward. Sec. 2(C)(1).
A. However, they must then leave the LOT meeting before the MIC and union steward discuss the issue and reach a decision. Sec. 2(C)(1).
B. The LOT may agree to form a subcommittee or "working group," consisting of other local management and union representatives, to study any issue (such as a new schedule). However, only the steward may appoint another bargaining unit member to such a subcommittee and he/she must be a union member. Sec. 2(C)(2).
III. All decisions of the LOT must be by "consensus." Sec. 2(C)(3). "Consensus" means that the participants have deliberated on the issue and have weighed the pros and cons of all arguments and positions. Perfunctory discussion or immediate rejection of the other side's proposal or position is not "consensus" decision making.
A. If agreement is reached that what managemetn or the union proposes is acceptable, and/or the manner in which the change will be implemented is acceptable, this agreement shall be recorded in the meeting's "minutes." The MIC and the steward will take turns preparing the minutes and must submit them to the other for approval within seven days of the meeting. The minutes will be posted on the union bulletin board. Sec. 2(C)(5). Stewards should send a copy of these minutes to their Union
Regional Chair and to the union's national office.
B. If the MIC does not have the authority to make a particular decision, the LOT shall try to make a recommendation that will be promptly forwarded to the regional level. Sec. 2(C)(3).
C. If the parties cannot agree on a proposed change or how it will be implemented, the matter will be sent to management and the union at the regional level for negotiations. Sec. 3(A).
1. The party seeking the change is obligated to notify the other party at the regional level that a consensus could not be reached by the LOT. Sec. 3(A).
2. Management may not implement the change until bargaining at the regional or national level is completed unless there is a "overriding exigency." Sec. 6. "Exigency" means "a pressing necessity or urgency."
IV. Bargaining continues at the Regional Level if consensus is not reached at the local level. This may be done in either of two ways:
A. The matter may be placed in the agenda for the next Regional Labor Council Meeting by the party who is seeking the change in working conditions.
B. Or, the party seeking the change may invoke immediate bargaining by giving the other party notice at the Regional Level of its intent to make the change:
1. The other party then has 15 days to either say that the proposed change is acceptable or to request bargaining. Sec. 3(A). Requests to bargain must include a counterproposal:
a. If management proposes a change that is substantively negotiable (i.e., not a management right), the union may counterpropose that the change not take place. Sec. 4.
b. If management propose a change that is an exercise of a management right (i.e., to assign work), then the union must provide a written proposal which specifically addresses how the change will be implemented or which contains some accommodation for the employees who are impacted by the change. Sec. 3(A).
2. In lieu of requesting bargaining immediately, the union may request a clarification of the proposed change - but this must be done within 7 days of receiving notice of the change. The 15 days to request bargaining and to submit a counterproposal does not begin to run until the "clarification" is received.
C. All agreements must be reduced to writing in the form of a Memorandum of Understanding and are subject to ratification by the union's membership, at the union's election. Sec. 5.
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