How does bargaining work?

January 5, 2018 | Author: Anonymous | Category: Social Science, Political Science
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Service Employees International Union (SEIU) California State University Employees Union (CSUEU) Association of California State Supervisors (ACSS) California State Retirees Are affiliates of California State Employees Association (CSEA)

Contract Bargaining

In 1978, the California legislature passed a collective bargaining law called the Higher Education Employer-Employee Relations Act (HEERA). It requires the University to bargain whenever it wants to make changes in wages, hours, or other terms and conditions of employment.

Bargaining involves each side making written proposals to each other and responding to the other side’s proposals. Each side presents arguments and evidence in favor of their proposals. They make one draft after another until they reach a version that both sides can agree upon.

• CSUEU President and CSUEU Vice President of Representation • Elected by all voting members of each chapter executive committee • Chair and Vice Chair for Unit 2, Health Care Support • Chair and Vice Chair for Unit 5 Operations Support • Chair and Vice Chair for Unit 7, Administrative Support

• Chair and Vice Chair for Unit 9, Technical Support • Every three years, members from each chapter elect one bargaining unit representative from each of the four units. • The bargaining unit representatives from each chapter elect the chairs and vice chairs for each bargaining unit. • The union’s chief negotiator - A paid labor relations professional who works for the CSU Employees Union.

The Bargaining Councils for Unit 2, 5, 7, and 9 prepare bargaining proposals and handle the statewide interests of each bargaining unit. The Vice President for Representation coordinates the work of the four bargaining unit councils.

• For the first time our chapter leadership will solicit input from members regarding their issues and needs under our contract. • Based on your input and ours, we will create proposals and submit them to the Unit Chairs.

• All represented staff must support our bargaining team and the bargaining process. Without membership support the bargaining team will not be successful. • If you aren’t a member SIGN UP NOW! There’s strength in numbers. • When you are asked to take action DO IT!

Bargaining involves each side making written proposals to each other and responding to the other side’s proposals. Each side presents arguments and evidence in favor of their proposals. They make one draft after another until they reach a version that both sides can agree upon.

All employees in the bargaining units represented by CSUEU (2, 5, 7 and 9) are affected by our bargaining with the CSU.

There is no difference. HEERA uses the former to refer to a contract.

Impasse means that the parties have reached a point in bargaining at which their differences in positions are such that further negotiations would be futile. Under the Higher Education Employer-Employee Relations Act (HEERA), either the CSU and/or the CSUEU submits a petition to the California Public Employment Relations Board (PERB) contending that an impasse exists.

PERB reviews the petition and makes a determination as to whether or not an impasse exists. If PERB agrees that there is an impasse, the first step is mediation. If PERB decides that an impasse does not exist, the parties must return to the bargaining table to resume negotiations.

According to PERB, over the last ten years, 84% of mediation sessions resulted in settlements and 74% of all fact-finding sessions resulted in settlements.

If the parties do not reach a settlement within 15 days after the mediator’s appointment, the mediator can declare fact-finding to be an appropriate way to resolve the dispute. Fact-finding is the second and final step in the impasse procedures set forward in HEERA.

Fact-finding is a formal process conducted by a three-person panel: one selected by CSUEU, one selected by CSU, and a neutral chairperson mutually selected by the parties from a list of arbitrators. The fact-finding panel holds hearings and considers the information provided by the parties.

If the fact-finding process doesn’t result in a resolution of the disputes, the three-person panel will issue a report. This report is confidential for ten days and serves as a vehicle for settlement. If a settlement is not reached within the ten-day period, the report becomes public. The recommendations of the fact-finding panel are advisory, however.

The fact-finding panel holds hearings and considers the information provided by the parties. If the fact-finding process doesn’t result in a resolution of the disputes, the three-person panel will issue a report.

This report is confidential for ten days and serves as a vehicle for settlement. If a settlement is not reached within the ten-day period, the report becomes public. The recommendations of the factfinding panel are advisory, however.

If PERB declares that an impasse exists, the State Mediation and Conciliation Service will appoint a mediator to assist the parties in reaching a mutually acceptable agreement.

No. It is just a recommendation. The two sides can decide to use the report to continue bargaining but they are not required to do anything other than publish the report.

The employer is allowed to unilaterally implement its last, best and final offer. This is not the fact-finding report, but the proposals they had on the table when they went to impasse. The employer can implement all, some, or none of its proposals.

The law requires the two sides to bargain in good faith. That means they must show that they honestly considered the proposals of the other side and tried to come to an agreement. If they do not do this, they can be charged with an unfair labor practice before PERB.

CSU employees play a major part in contract negotiations. The University needs the staff to get work done. If they are unhappy or angry, they can take job actions.

When employees speak up for their union’s proposals, they influence the campus presidents and CSU Trustees.

It is vitally important that all represented staff stand up and openly support our bargaining team. Our support will give our team strength at negotiations.

Only full CSUEU members are eligible to vote on our contract

• The CSU consistently states that CSUEU (the union) doesn’t represent a majority. • Becoming a full member indicates you support our contact and all of the guaranteed benefits we enjoy. • Joining the union sends a message to the CSU that you are committed to CSUEU and supportive of a bargaining process.

•Why do you think people don’t join the union? •How can we sign up more members?

•What are the characteristics of a leader? •How can leaders help us during contract negotiations?

• Who will volunteer to be a Chapter 319 Captain and volunteer to help officers organize for contact bargaining? • Department Captains will be the contact people for the Chapter 319 Leadership.

• It is necessary for the members to reflect a sense of solidarity in the eyes of management, an image that shows that the union is alive and well in employees. • A united front is always the only true way to impose our desires on management. How can we improve internal organizing?

• Externally, each and every one of us needs to be on the alert for sound ways we can introduce CSU Staff and our Union to the public. • Working for State Education makes us known in the public. • We must always educate our family, friends and neighbors on what effects the CSU and us as employees. How can we improve external organizing?

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