Labor Relations

Agenda Labor Relations Team A Union? BUE Vs. Non BUE Points of Contact Rights of the Employee Rights of the Union Rights of Management Weingarten This session is applicable to national guard technicians, supervisors, and managers regardless of status (federal or state). What you need to take away from this session: Am I eligible to be a member of a union? Who is my POC? What are my rights?

Mr. William (Bill) H. Poppler: (916) 854-3600 Labor Relations Team Mr. William (Bill) H. Poppler: (916) 854-3600 SSgt Eric M. Kelly: (916) 854-3701 Team email: ng.ca.caarng.list.j1-hro-lrs@mail.mil Website: http://www.calguard.ca.gov/HRO/Pages/Labor.aspx The Labor Relations team represents and advises management, participates in negotiations with Unions, and manages all technician disciplinary actions. We are an excellent resource for supervisor’s and manager’s to get the correct procedural information and guidance. We also assist employees and the Union as we work through the disciplinary process. We will help anyone – email contact is preferred.

A Union? Private Sector Public sector Working conditions Wages Health benefits Retirement Strike Working conditions A few very basic examples of working conditions: Parking assignments Environment (safety, air quality, noise, and other hazard items) Employee locker sizes and locations Location of coffee makers, ice machines, and microwaves Office design (cube farm and office size or location) Type and placement of furniture Stationing actions **Above list is NOT all inclusive** Yep – we have unions! If you are in bargaining unit eligible (Union) position then you are covered by the Federal Service Labor-Management Relations Statute – 5 USC Chapter 71. Bet you didn’t know that federal employees first obtained the right to engage in collective bargaining through labor organizations of their choice in 1962, when President Kennedy issued Executive Order 10988. Our Unions do not have as much responsibility as their private sector brothers and sisters but they also do bargaining and representational duties before or after work and during lunch time – they may or may not be given paid time to do these duties depending on the situation. You can choose to join and pay dues. The Union under most circumstances will represent you if necessary.

BUE v. Non BUE Easier to define Non Bargaining Unit Employee (BUE): Management official or supervisor Confidential employee (EEO/SARC) Personnelist Professional employees (JAG) Intelligence, counter intelligence, investigative or security which affects national security Employees engaged in investigation or audit functions that affect internal security BUE includes most others not described above (mechanics/purely clerical) Block 37 of your SF 50 Personnel Action Which category do you fall into? Management official is typically someone that develops policy or can effect policy for the department or agency. NOTE: Temporary employees are not eligible. Negotiated prior to election between management, the Union, and FLRA. Updated as needed. MYBIZ – SF 50-B Block 37 is easiest way to tell (plus I have a list that is a couple weeks old). Bargaining Unit Status (BUS) code is 8888 then you are not eligible. If it is NGXXXX with four numerals it identifies the Union you are eligible to join. Answer to the first question – Am I eligible? Worst case is at least you now know where to look – Block 37! Management and Union Steward should make contact with you

ACT Points of Contact Local 105 (146th AW) POC: Norm Smith nsmith@actnat.com (602) 799-1568 ACT 109 (129th RQW) POC: Francis Schmidt francis.schmidt@actnat.com (510) 701-6145 ACT Contract: http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx ACT stands for Association of Civilian Technicians Contract completed in April 14 is on the public website if you would like to review it. Local 105 is in Channel Islands (NG5009) Local 109 is in Moffett Field (NG5014)

ACT Points of Contact ACT 118 (144th FW) POC: David Tomamichel david.tomamichel.1@us.af.mil or david.tomamichel@ang.af.mil (559) 454-5326 ACT 121 (163rd RW) POC: Arnulfo Lozoya arnulfo.lozoya@ang.af.mil (951) 655-5456 ACT Contract: http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx Local 118 is in Fresno (NG5008) Local 121 is in Riverside (NG5015)

LIUNA Point of Contact Local 1776 (Army) POC: Ja’net Vallotton jvallotton@liuna-ngdc.org (209) 691-5446 LIUNA contract: http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx LIUNA stands for Laborer’s International Union of North America (NG5013) LIUNA covers all Army National Guard Technicians in California

NAGE Point of Contact Local R12-120 (195th Cyber Wing) POC: Bret Carroll bret.carroll@ang.af.mil (916) 569-2287 NAGE contract: http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx NAGE stands for National Association of Government Employees Local R12-120 is in North Highlands/Beale AFB (NG5011) So, we have answered question #2: Who is my Union point of contact

Rights of the Employee 5 USC §7102: Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right— (1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter. This answers the 3rd question – What are my rights?

Rights of the Union 5 USC §7114 (paraphrased): An exclusive representative (Union) in an Agency shall be given the opportunity to be represented at any formal discussion, any examination of an employee (Weingarten), and negotiations. The two most frequent basic factors that indicate a FORMAL DISCUSSION are: whether a formal agenda was established; - whether each employee's attendance was mandatory; Black’s Law definition of examination is the questioning of a witness under oath (sworn statements). Anything that has to do with fact finding, sworn statement(s), or an investigation.

Rights of Management 5 USC §7106: (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency— (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and (2) in accordance with applicable laws— (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; Not negotiable

Rights of Management (C) with respect to filling positions, to make selections for appointments from— (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies. NOT negotiable Emergency is typically a fire or flood – “Call out the National Guard”

Rights of Management (b) Nothing in this section shall preclude any agency and any labor organization from negotiating— (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the agency will observe in exercising any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials. 5 USC 7106(b) rights are called permissive rights in that management may negotiate with Unions. Most common are called working conditions. Practical example is renovation of Field Maintenance Shop 27 in Modesto, CA. Employees are dual-status mechanics (represented by Union). The building was originally built in the late 1950s. Facilities and Engineering successfully obtained the money and means to remodel the building and bring it up to current building code. This process takes 12 months. The shop had to move. Working conditions impacted? We bargained with the Union and agreed on an appropriate arrangements that included working in a facility in Stockton, CA. We also encouraged the employees to commute together from the Modesto shop to Stockton shop which included assistance with utilizing the mass transit fringe benefit program, some flexibility in work schedules, etc.

Weingarten Rights 5 USC § 7114(a)(2) provides that an exclusive representative of the appropriate unit in an agency shall be given the opportunity to be represented at – (A) any formal discussion between one or more representatives of the agency and one or more employees in the unit of their representative concerning any grievance or any personnel policy or practices or other general condition of employment; or (B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if- (i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and (ii) the employee requests representation. Black’s Law definition of condition of employment: a qualification or circumstance required for obtaining or keeping a job. Example for dual-status technicians is membership in the California National Guard. We publish the “Warning” on an annual basis and email it to all technicians. It is also hung on the California National Guard website.