Labor Relations: The Meet and Confer Process

The duty to consult, however, does not require the employee organization’s agreement; instead, it simply requires a good faith attempt to address the concerns of all parties. This is particularly important in light of appellate court and PERB decisions that implied that the obligation to “consult in good faith” is equivalent to the obligation to “meet and confer (negotiate) in good faith” as those terms are used in the Act. Most importantly, meet and consult matters do not require the agency to participate in impasse procedures. Accordingly, if after a good faith effort to meet and consult is made by the agency, it may unilaterally impose those matters which were subject to consultation between the parties. Employers must provide an exclusive representative (e.g., a recognized public employee union or employee association) access to new employee orientations of the employees it represents. 26 The exclusive representative is entitled to at least ten calendar days’ notice in advance of an orientation, although shorter notice may be provided where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. 27 Union access to employee orientation is intended to provide the exclusive representative with the opportunity to discuss the rights and obligations created by the MOU and the role of the representative, and to answer new employee questions. 28 The structure, time, and manner of union access to new employee orientations must be determined by agreement between the employer and the exclusive representative. 29 A request to meet and confer shall reopen the existing MOU or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the union’s access to new employee orientations. 30 When negotiating access to a new employee orientation, if the parties are unable to reach agreement within 45 days of their first meeting, or within 60 days after the initial request to negotiate, whichever comes first, either party may demand compulsory interest arbitration. 31 The parties may also agree to submit their dispute to compulsory interest arbitration at any time. Several requirements apply to the arbitration process, including the following:  The State Mediation and Conciliation Service appoints the arbitrator for compulsory interest arbitrations using its process to obtain a panel of arbitrators; e. Duty to Meet and Confer Over Terms of Mandatory Union Access to New Hire Orientation

 A party cannot submit any proposal to compulsory interest arbitration that was not the parties’ final proposal during the parties’ negotiations; and

 The parties shall equally share all costs of arbitration. 32

A public agency employer and an exclusive representative may also agree to access rules for new employee orientations that vary from the Government Code requirements. 33

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 10