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Access & Distribution Rights at Worksites

This article discusses the access and distribution rights of union stewards and staff at worksites, as outlined in Article 2 of the SBAC MOU. It covers permissible restrictions, reasonable accommodation, enforcement, and recent arbitration cases.

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Access & Distribution Rights at Worksites

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  1. Access & Distribution Rights at WorksitesMay 1-2, 2010 - SBAC

  2. MOU Access Rights – Article 2 • Union stewards & staff may have access • Access must relate to Art. 2.1 • Union must provide notice in Advance • Access may not interfere with work • Access may not be unreasonably withheld • Permissible Restrictions: • Safety • Security • Patient care or privacy

  3. Access - continued • What if access is restricted? • “Other Reasonable Accommodation shall be made” • How do I enforce this? ASK…. • Why is my access restricted? • What is the safety issue? (or security or patient issue) • What is your proposed reasonable accommodation?

  4. Reasonable Accommodation • Be prepared to explain: • Why the information is time-sensitive; • Why the accommodation proposed is unreasonable • The information must get out timely because … • The Union didn’t have an earlier chance because … • Tomorrow is too late because … • Why safety/security/patient care is not an issue; and/or • Why other non-work persons have access.

  5. Article 2.1 relates to access • Enforcement of the contract • Employee discipline/investigation • PERB hearings/conferences • SPB & VCGCB hearings • DPA hearings – AWOLs & set aside resignations, etc • Reasonable accommodation denial discussions

  6. Access Agreement • In 2007, after a long dispute and arbitration win, the Union entered an Access Agreement with DPA. • This agreement provides: • Access problems may be grieved immediately at DPA’s level; • Access problems that cannot be resolved locally, should be taken to the Union’s Chief Counsel.

  7. Access Arbitration • Yountville Veteran’s Home access • The Union filed a grievance after the Department of Veterans Affairs prevented union staff from access any area of the Yountville Veteran’s Home other than the nursing lobby or employee lounge.  • DVA denied the Union access to areas at the Yountville facility where its members work.

  8. Yountville decision • On January 31, 2010, the Arbitrator ruled in favor of the Union.  • The Arbitrator found that DVA violated Article 2.2 of the Unit 17 MOU when it denied the Union Representative access to the hallways, nursing stations, and informal breakrooms. • The decision requires DVA to allow Local 1000 representatives reasonable access to these work areas.

  9. Distribution Rights – MOU Art. 2.4 • Bulletin Boards – provide copy to officer supervisor (this is not approval!) • Distribute before/after work or during breaks • May not be unreasonably denied • May not disrupt work • Use Existing mailboxes & in-baskets • Emails – minimal and incidental use – as for other non-business purpose

  10. Distribution Restrictions • Not libelous • Not obscene • Not defamatory • Not partisan political in nature • Question: what is partisan political?

  11. Partisan Political arbitration • Seitz v. Department of Transportation • The Union filed a grievance on behalf of a steward – and went to arbitration on November 13, 2008 in front of Norman Brand • The steward hung posters in his cubicle urging voters to “vote yes” or “vote no” on pending propositions.  • DOT ordered the steward to remove the posters claiming that they were partisan political material.

  12. Partisan Political decision • The Arbitrator found that DOT violated the contract by ordering the steward to remove the posters.  • The Arbitrator further ordered the State to cease and desist from asking unit members to remove materials from state worksites that advocate voting for or against a ballot proposition. • Ballot propositions are not “partisan” elections

  13. Political Distribution • MOU restricts access on partisan political matters • Ballot initiatives are not partisan • Independent Offices are not partisan (e.g. CalPERS) • Restricted access means • Not inside work • Not in mailboxes • Not on email

  14. 5 Rules of Access • Connect access to MOU/workplace rights • Do not interrupt those who are working • Give notice • Notice is not permission • Give as much notice as you reasonably can under the circumstances

  15. Access & Distribution Rights at WorksitesMay 1-2, 2010 - SBAC

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