Federally Mandated Collective Bargaining for Public Safety Employees. Presented by: Fred P. Baggett [email protected] Smith Moore Leatherwood LLP 434 Fayetteville Street, Suite 2800 Raleigh, North Carolina 27601 T: (919) 755-8700 F: (919) 755-8800. July 15, 2010. - PowerPoint PPT Presentation
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Smith Moore Leatherwood LLP434 Fayetteville Street, Suite 2800
Raleigh, North Carolina 27601T: (919) 755-8700F: (919) 755-8800
To ask a question during the presentation, click the Q&A menu at the top of this window, type your question in the Q&A text box, and then click “Ask.”
After you click Ask, the button name will change to “Edit.” Questions will be queued and most will be answered at the end of the meeting as time allows.
• The Federal Labor Relations Authority (“FLRA”) must decide whether a state has “substantially provided” for a series of employee rights and employer collective bargaining responsibilities.
• If state statute passes muster, FLRA will abstain from directly regulating state.
• Right of public safety officers to form and join a labor organization, which may exclude management and supervisory employees.
• Obligation to recognize and bargain with the employees’ labor organization; and commit any agreements to writing in a contract or memorandum of understanding.
• Obligation to bargain over hours, wages, and terms and conditions of employment.
What Are The State Law “Minimum Standards?” (cont.)
• Provide for some type of interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures.
• Accessibility to state courts to enforce (a) all rights, responsibilities, and protections provided by state collective bargaining law; and (b) any written contract or memorandum of understanding entered into between the employer and union.
• “Firefighter”“Employee in fire protection activities” means an employee, including a firefighter, paramedic,
emergency medical technician, reserve worker, ambulance personnel, or hazardous materials worker, who –
(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and who is employed by a fire department or a municipality, county, fire district, or state, and
(2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk. 29 U.S.C. 203(y).
• “Law Enforcement Officer”Law Enforcement Officer means an individual
involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws, including, but not limited to, police, corrections, probation, parole, and judicial officers. 42 U.S.C. 3796b.
The term “emergency medical services personnel” means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. Section 3. (3) of federal bill.
• 180 Days After Enactment, FLRA must make determination whether 50 states have “substantially provided” for the rights and responsibilities in the Act.
• One Year After Enactment, must promulgate regulations.
• Two Years After Enactment, direct regulation by FLRA will become effective if state fails to substantially comply.
Life in a Collective Bargaining World• Engage in “good faith bargaining “ over hours, wages, and “terms
and conditions of employment” for first and/or successor collective bargaining agreements.
• Defend against potential unfair labor practice charges alleging bad faith bargaining or discrimination based on union status.
• Participate in whatever bargaining impasse procedures that are established by the FLRA or state law.
• After the execution of a collective bargaining agreement, defend against (and possibly arbitrate) grievances filed by unions and/or individual employees.
• Audit your workplace for problems that unions will exploit to organize.
• Review your policies and procedures: compensation, FLSA and overtime polices, leave policies, holidays, insurance and other benefits, recruitment, selection and promotional procedures.
• Document existing practices that may not be written – how shifts are assigned, work schedules, meal breaks, vacation scheduling, application of length of service or “seniority.”
• Review job descriptions – define who is a supervisor and structure the operations to exclude supervisors and confidential employees from the bargaining unit.