Collective Bargaining Agreement

and the Grievance Process

Presented by:

Rita Prats-Rodriguez, East Harlem Bilingual Head Start

Mickey Ronan-Grosshtern, ACE Integration Head Start

Gwen McEvilley, Head Start Sponsoring Board Council

Jose Velilla, Bloomingdale Family Head Start

NYC Area Directors Peer Training Initiative

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Thought for the Day:

Everyone has photographic memory;

some just

don't have the film.

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Agenda for the Morning

Introduction and statistics

Management Rights

Progressive Discipline

Grievance Process

Role Play

Review of Personnel Policies

New Contract ideas

Wrap up/Questions and Answers

Closing

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We can walk together

Statistics

Since Mediation began as Step 3 in 2007, there have been 189 grievances filed.

The top reasons for grieving included unjust suspensions, unjust terminations, and unjust memos.

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Top Ten Things You Can Say to Really

Piss Your Staff Off (and get them to

grieve)

10. “No, you cannot sleep on the job.”

9. “Um, Could you please

move your desk?”

8. “Punching the Education Director is not conflict resolution.”

7. “More paperwork, hooray!”

6. “Due to cash flow problems, you will be getting paid one day late.”

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Top Ten Things You Can Say to Really

Piss Your Staff Off (and get them to

grieve)

5. “You really shouldn’t have lost a child at the Park…again”

4. Famous memo titles – “Time Clocks Don’t Lie”

3. “I’d love to move that memo from your file, but it won’t fit in your other file.”

2. “UPK employees, would you like to join the Union? PSYCHE!”

1. “You’re Fired!”

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Management Rights

Right to control access and regulation of agency property

Right to establish or change hours of work including work schedules/leaves and vacations/shift coverage

Right to select, hire, promote and lay off employees

**Right to discipline, suspend or discharge employees with just cause

Review other management rights

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Management Rights

Right to determine own programs and policies

Right to retrench and reorganize activities and staff at it’s discretion

Subject to CBA and law, retain sole right to manage its business and direct the working force.

Right to transfer or terminate all or part of it’s operations

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Management Rights

CBA states “The exercise of management

rights in this article is not subject to the

grievance and arbitration provisions of

this agreement.”

“The Employer’s failure to exercise any

rights specified in this article does not

preclude the exercise of such right at any

time subsequently.”

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Progressive Discipline

1. To ensure that employees understand agency standards and the consequences of failing to meet them.

2.To improve productivity and job satisfaction.

3. To provide clear documentation to record the performance problem and actions taken.

The goal of progressive discipline is to improve employee performance!

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Progressive Discipline

Not intended as a punishment, but to assist the employee to overcome problems and satisfy job expectations.

If efforts fail, progressive discipline allows agency

to fairly, and with substantial documentation, terminate the employment of employees who are ineffective and unwilling to improve.

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Progressive Discipline Typical Steps

1. Counsel employee about performance and expectations of agency. Begin at staff orientation. Ascertain whether issues are contributing to poor performance. Solve issues, if possible.

2. Verbal reprimand.

3. Provide written verbal warning in employee's file. Inform employee it will be placed in file.

4. Talk to your DAPC Chair to explain situation (in case of grievance). Remind them of confidentiality.

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Progressive Discipline Typical Steps

5. If continued presence of employee may disrupt agency, endanger employee or others, may immediately be suspended, with or without pay, pending a hearing or determination of charge.

Have Shop Steward at meeting.

See Weingarten Rights Rule

6. Provide escalating number of days employee is suspended (depending on how egregious). Start with one, escalate to five.

7. Provide immediate notice to employee.

8. After few cycles of above, terminate employment.

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Progressive Discipline Summary

Create performance improvement plans,

corrective action plans, etc.

Document, Document, Document!!!

Ensure annual evaluations are accurate.

No one should hear about a problem

with their performance at their annual

evaluation for the first time.

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Writing Effective

Written Warnings1. Act promptly.

2. Be clear in identifying action – dates, times, etc.

3. Address employee directly or put to file

4. Identify rule that was violated.

5. If prior warnings given, summarize

6. Identify problems resulting from conduct

7. Focus on problem. Don’t sound punitive or accusatory.

8. State what employee must do to improve problem.

9. State consequences of future breach.

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Grievance – Procedure

Article XIV

Section 1

a. A dispute concerning the

application or interpretation of the

terms of the Collective Bargaining

Agreement (CBA)

b. A claimed wrongful disciplinary

action taken against an employee.

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Grievance Procedure –

Step I – Filing with Agency If grievance falls under Section 1a, union or

employee has 30 calendar days to file from event.

If grievance falls under Section 1b, union or employee has 10 working days to file from event.

Director schedule a conference with employee and union within 5 working days and render decision within 5 working days after conference.

Deliver to union.

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Grievance Procedure – Step I -

Filing by Union

All grievances filed by union must be in

writing and set forth a reasonable

description of the nature of the grievance.

If not? Can kick it back to union and ask

for proper information. But risk being

taken directly to mediation.

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Grievance Procedure – Step II –

DAPC Chair An appeal must be presented in writing to

the Chair of DAPC within 5 working

days of the receipt of the Step 1 decision.

Chair will schedule a hearing with DAPC

Personnel committee within 10 working

days upon receipt or grievance, and

render decision within 5 working days

after hearing.

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Grievance Procedure – Step III -

Mediation Any grievance not resolved at Step II may,

within 10 working days of receipt of

Step II decision, be submitted for

Mediation (usually David Thaler).

Mediator will notify all parties of the

request for non-binding mediation.

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Grievance Procedure – Mediation

Non-binding

Opportunity to “instill good will” and try to reach agreement with employee.

Weigh cost benefit to agency versus ego or principle. See what is more beneficial.

Trying to prevent arbitration (that ACS will not pay for).

Administrative costs to dismiss arbitration may cost a few hundred dollars.

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Grievance Procedure – Step IV -

Arbitration Not resolved in Step III? May be submitted to

arbitration within 30 calendar days of the receipt of Step 3.

Period may be extended by Union for up to additional 14 calendar days with written notice to HSSBC before initial 30 day period expires.

Arbitration fees must be split by both parties.

Final decision. Cannot be appealed.

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Grievance Procedure – Key

Provisions Section 3 – A grievance not submitted at

any step of the Grievance Procedure nor

arbitration shall be deemed settled on the

basis of the last decision given, and

further prosecution thereof shall in any

event be barred.

If a decision is not given in due time, the

grievance may be taken to the next Step.

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Grievance Procedure – Key

Provisions Section 4 – Aggrieved employee has the

right to Union representation at each

step and will be granted paid time off to

present their grievance.

Section 5 – Time limits may be waived

ONLY with express written consent by

both parties. Oral consent ok, if

documented in writing within 2 days.

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Grievance Procedure – Key

Provisions Section 6 – Class actions (affecting a

large group of employees) can begin at

Step III.

Section 7 – An employee shall

IMMEDIATELY receive written notice of a

suspension imposed as a disciplinary

action.

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Grievance Synopsis

Date of event – clock starts ticking

Interpretation of CBA? 30 calendar days to file.

Wrongful disciplinary action? 10 working days to file.

Notice to agency.

Director schedules conference – 5 working days

Director renders decision to Union – 5 working days

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Grievance Synopsis

Step II to DAPC Chair – 5 working days

DAPC schedules hearing -10 working days

DAPC renders decision – 5 working days

Step 3 –Mediation – 10 working days

Step 4 – Arbitration – 30 calendar days may be extended up to an additional 14 calendar days by the union.

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Role Play

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Personnel Policies

Small Group Exercise

People

Instructions

Break up into small groups

Review your Personnel Practices Policy. Together, choose 5 items you have in common.

Next, Choose 3 differences in your policies. Discuss in your group why you chose to have those in your Personnel Practices Policy.

Share list of minimum requirements from Head Start Performance Standards 1301.31 Personnel Policies

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Suggestions

for New Contract

Brainstorm

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Wrap-Up

Questions?

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Conclusion

Where do we go

from here?

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Final Thought of the Day

When in doubt…

◦ CBA stands for :

Convoluted Bogus Accusations

http://www.youtube.com/watch?v=RxsOVK

4syxU

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