DEVELOPING A PARTNERSHIP PATRICIA MATHIS, RN, MSN, NEA-BC 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 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

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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