Labor Relations: The Meet and Confer Process

testifying or appearing as the designated union representative before PERB in proceedings related to a charge filed by or against the union. 253  Release time, however, is not to be determined unilaterally, and must be negotiated. 254 Consider negotiating a limit to the number of employee representatives at the bargaining table.  An employer should endeavor to negotiate a separate provision to address release time for other types of meetings, such as those pertaining to grievance representation, which may be more definitively limited.  An agreement may specify what activities can be carried out during work hours and on work time or government property. The agreement may also spell out the functions of union representatives, their number, and restrictions on their activities.  An employer must permit union representatives (who are not employees) to visit the premises in order to check working conditions or investigate grievances. To prevent abuse of these rights, rules usually exist requiring advance notice to management and requesting permission from area supervisors for such visitations.  Time spent in adjusting grievances between an employer and employees during the time the employees are required to be on the premises is hours worked. 255 However, where there is a formal union relationship, the Department of Labor (DOL) regulations indicate that the DOL will defer to the collective bargaining process in regard to calculation of such time. 256  When an employee spends time on labor management disputes voluntarily and outside normal working hours, the time is not considered hours worked for the purpose of calculating overtime liability. 257  Upon an employee organization’s request, an agency employer must grant reasonable leaves of absence without loss of compensation/benefits for employees to serve as stewards or officers of the organization, subject to the organization’s reimbursement to the agency. 258  An employer should exert limited control over the content, requiring that content not violate laws prohibiting public agencies supporting candidates for public office or ballot measures.  An agreement should identify the type of notices to be posted, require that notices be signed by a union representative, and limit the time a notice may be posted.  An employer should refrain from prohibitions against defamatory statements against an employer. The NLRB has held that employees have the right to criticize or protest their employer's labor policies or treatment of employees. 259 Though the NLRB’s decision does not directly apply to public agencies, PERB regularly follows the NLRB’s guidance. Thus, rules that can reasonably be read to prohibit protected concerted criticism of the employer Bulletin Boards  An employer is not obligated to buy or put up bulletin boards for the union.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 45