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Labor Relations
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Agenda
Labor Relations TeamA Union?
BUE Vs. Non BUE Points of Contact
Rights of: Employees
Union Management Weingarten
Training
William (Bill) H. Poppler: (916) 854-3600
1LT Brian E. Thomas: (916) 854-3646
1LT Daniel W. Pauley: (916)854-3418
SSgt Eric M. Kelly: (916) 854-3701
Labor Relation Public Website
http://www.calguard.ca.gov/HRO/Pages/Labor.aspx
Labor Relations Team
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A Union?
PRIVATE SECTOR PUBLIC SECTOR
Working conditions Wages Health benefits Retirement Strike
Working conditions
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A few examples of working condition items:• 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
**Above list is NOT all inclusive**
BUE v. Non BUE
Easier to define Non Bargaining Unit Employee:• 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 (MYBIZ)5
ACT Points of Contact
Local 105 (146th AW)
POC: VACANT
Contact Mr. Norm Smith at (602) 799-1568 or email [email protected]
ACT 109 (129th RQW)
POC: Francis Schmidt Dave King
[email protected] [email protected]
(510) 701-6145 (650) 603-9344
ACT Contract:
http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx
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ACT Points of Contact
ACT 118 (144th FW)
POC: David Tomamichel
[email protected] or [email protected]
(559) 454-5326
ACT 121 (163rd RW)
POC: Anthony Villafranca
(661) 319-1575
ACT Contract:
http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx7
LIUNA Point of Contact
Local 2163 (Army)
POC/Business Manager: Dave Ingles
(209) 518-9310
LIUNA contract:
http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx
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NAGE Point of Contact
Local R12-120 (162nd CCG)
POC: Bret Carroll
(916) 569-2287
NAGE contract:
http://www.calguard.ca.gov/HRO/Pages/Union-Contracts.aspx
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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.
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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.
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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;
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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.
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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.
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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. 15
Training
Supervisors Course within 12 months of becoming a supervisor
Supervisors Refresher Course once every 36 months
Other training deemed necessary by the HRO
Mediation Training
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Questions?
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