Sunday, April 12, 2015
Highlights from Retreat and Bargaining Training
SCSO members participated in two important activities in March and April. First, Joe D. (NY) delivered an excellent session on bargaining training. Discussions included table protocols and an exercise on how to establish bargaining priorities. In April, union members spent an entire day with Steve (Illinois) in general union training. This was a day long, intense session that focused on the history and meaning of the NLRA and certain articles in our contract. A question to the group about the vision of SCSO and what a powerful union would look like opened a discussion about association weaknesses that impede success. Transparency, accountability, competency, respect, and deviation from established governance/staff protocols were discussed. A discussion about staff/governance relationships revealed serious concerns.
Thursday, April 9, 2015
Contract Negotiations
Bargaining is set for May 13-14. Marius Ambrose is our chief negotiator and will be with us at the table. Marius was the NSO Vice President of Legal and Defense for many years and also a UD in Maryland. He retired in 2014. Our two priorities for this bargaining are no take backs and contract enhancement.
SCSO Rocks!
SCSO members are busy this spring! On March 28, SCSO members engaged in Bargaining Training provided by Joe D. (NSO). It was awesome! We left with a better understanding of the process and we set our priorities for bargaining. On April 11, we will have Unionism Training with Steve Vaughan (NSO).
Sunday, July 27, 2014
Membership and the "Blame Game"
The Blame Game
The Blame Game is present in every organization to some degree. Often, the blame isn't fair or based on fact. Personality, misguided individuals, confusion about roles and responsibilities, and power struggles influence how credit and blame are given. Too often, the wrong people get blamed for the wrong reasons at the wrong time. The result can demotivate and demoralize. It sidetracks the focus and every minute spent playing the blame game is time lost in fixing the problem.
Whose fault is it?
When things are not going well, it must be someone's fault, so the finger pointing begins. Our workplace has been plagued with this culture for several years. This has allowed an "us against them" culture to grow like bacteria in a Petri dish. As the saying goes, "Is it working for you?" The state of things suggest that it isn't. So, how do we help each other understand our individual responsibility to the success of the organization and realize that every time we point a finger at someone else, four are pointing back?
From the perspective of staff, there is a lack of ownership. The success of the association is placed solely at the feet of the "hired help" without a shared commitment by all stakeholders.
People duck responsibility for reasons ranging from a fear of failure, a sense of feeling overwhelmed by the scale of the problem, or any reason that allows them to feel ok about themselves. Whatever the reason, unless all stakeholders take personal responsibility for the success of the association, they'll fail in their job or role in the association; they'll fail to meet their obligations and they'll fail those to whom they are responsible. In the end, the biggest losers are public education, educators and our children.
The Blame Game is present in every organization to some degree. Often, the blame isn't fair or based on fact. Personality, misguided individuals, confusion about roles and responsibilities, and power struggles influence how credit and blame are given. Too often, the wrong people get blamed for the wrong reasons at the wrong time. The result can demotivate and demoralize. It sidetracks the focus and every minute spent playing the blame game is time lost in fixing the problem.
Whose fault is it?
When things are not going well, it must be someone's fault, so the finger pointing begins. Our workplace has been plagued with this culture for several years. This has allowed an "us against them" culture to grow like bacteria in a Petri dish. As the saying goes, "Is it working for you?" The state of things suggest that it isn't. So, how do we help each other understand our individual responsibility to the success of the organization and realize that every time we point a finger at someone else, four are pointing back?
From the perspective of staff, there is a lack of ownership. The success of the association is placed solely at the feet of the "hired help" without a shared commitment by all stakeholders.
People duck responsibility for reasons ranging from a fear of failure, a sense of feeling overwhelmed by the scale of the problem, or any reason that allows them to feel ok about themselves. Whatever the reason, unless all stakeholders take personal responsibility for the success of the association, they'll fail in their job or role in the association; they'll fail to meet their obligations and they'll fail those to whom they are responsible. In the end, the biggest losers are public education, educators and our children.
Sunday, May 25, 2014
The NLRA and Good Faith Bargaining
Section 8(d) of the National Labor Relations Act sets forth what is encompassed within the duty to bargain collectively. Section 8(b)(3) of the Act makes it unlawful for a labor organization or employer to refuse to bargain with one another, or refuse to bargain in good faith.
What is "good faith" bargaining?
Good faith bargaining is the obligation to participate actively in deliberations for the purpose of finding agreement. This requires an open mind, a sincere desire to reach an agreement and a sincere effort to reach common ground. If either labor or management comes to the table and simply goes through the motions, is resistant to scheduling meetings at reasonable times, is inflexible in agreeing to the location of meetings or doesn't share the cost, they are not operating in good faith.
Conduct away from the bargaining table may also be relevant. If an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith. Failure to supply information, unilateral changes, refusals to hold grievance meetings, and direct dealings violate Section 8(a)(5) of the NLRA.
The duty to bargain in good faith includes the processing of grievances and other labor-management meetings. 29 U.S. Code § 158(d) states that an Unfair Labor Practice has occurred if labor or management fails to meet their obligation to bargain collectively: The section reads as follows:
d) Obligation to bargain collectively
For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party.
In determining if either the union or the employer failed to meet its obligation to bargain in good faith, their actions and attitudes at the table and away can be a determining factor.
What is "good faith" bargaining?
Good faith bargaining is the obligation to participate actively in deliberations for the purpose of finding agreement. This requires an open mind, a sincere desire to reach an agreement and a sincere effort to reach common ground. If either labor or management comes to the table and simply goes through the motions, is resistant to scheduling meetings at reasonable times, is inflexible in agreeing to the location of meetings or doesn't share the cost, they are not operating in good faith.
Conduct away from the bargaining table may also be relevant. If an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith. Failure to supply information, unilateral changes, refusals to hold grievance meetings, and direct dealings violate Section 8(a)(5) of the NLRA.
The duty to bargain in good faith includes the processing of grievances and other labor-management meetings. 29 U.S. Code § 158(d) states that an Unfair Labor Practice has occurred if labor or management fails to meet their obligation to bargain collectively: The section reads as follows:
d) Obligation to bargain collectively
For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party.
In determining if either the union or the employer failed to meet its obligation to bargain in good faith, their actions and attitudes at the table and away can be a determining factor.
Sunday, April 27, 2014
Collective Bargaining and Labor Arbitration: An Overview
The Cornell University Law School's Legal Information Institute is a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. They provide information online that helps people understand the law. Click here for more.
NSO member featured on Union Edge radio show
Mike Horner, NSO member and Washington State UniServ rep, is the special guest on the Union Edge, labor’s only talk radio show. He services members in the Wapato School District on the Yakama Indian Nation Reservation. Mike will be talking about the COG organizing method and how it’s helped deal with a difficult bargaining situation there. Mike has trained COG across the country for NSO. You can listen to the two-part segment at www.theunionedge.com.
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