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MANAGING A TRANSPORTATION DEPARTMENT IN A LABOR CONTRACT ENVIRONMENT

MANAGING A TRANSPORTATION DEPARTMENT IN A LABOR CONTRACT ENVIRONMENT. ARTHUR R. PRZYBYLOWICZ MEA GENERAL COUNSEL. WHY IS A LABOR CONTRACT IMPORTANT? . A labor contract (collective bargaining agreement) is helpful in managing the transportation program.

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MANAGING A TRANSPORTATION DEPARTMENT IN A LABOR CONTRACT ENVIRONMENT

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  1. MANAGING A TRANSPORTATION DEPARTMENT IN A LABOR CONTRACT ENVIRONMENT ARTHUR R. PRZYBYLOWICZ MEA GENERAL COUNSEL

  2. WHY IS A LABOR CONTRACT IMPORTANT? • A labor contract (collective bargaining agreement) is helpful in managing the transportation program. • Establishes the rules all must follow. • Employees know actions taken based on the agreement are not based upon “whim” of supervisor, but because action is authorized by both management and union. • There is an established method for challenging decisions (grievance procedure), but an employee must carry out a directive even when the employee disagrees, except for issues of clear and present danger to safety. 2014 Trans Supers' CEP - Michigan Department of Education

  3. WHERE DO I LOOK FOR GUIDANCE ON SUPERVISING UNION EMPLOYEES? There are several sources of information on employee issues: • An existing collective bargaining agreement • Letters of Agreement or Memoranda of Understanding • Prior grievance resolutions or arbitration decisions • An established working condition or practice • Written work rules that the union has had an opportunity to bargain 2014 Trans Supers' CEP - Michigan Department of Education

  4. WHAT CONSTITUTES A WORKING CONDITION OR PRACTICE THAT MUST BE FOLLOWED? When the contract does not specifically deal with a matter, there may be a working condition or practice that controls, if: • The practice is clear: There is no question how this situation has been handled in the past. • The practice is consistent: The matter has been handled a particular way each time it has arisen. • The practice is long-standing: It has occurred more than once or twice and over a substantial period of time. 2014 Trans Supers' CEP - Michigan Department of Education

  5. WHAT TYPES OF MATTERS MAY BE COVERED BY THE CONTRACT? • A collective bargaining agreement may cover numerous issues that arise with transportation employees. Some examples: • When may a substitute be used or when a vacancy must be declared and posted. • What criteria may be used to fill a vacancy internally. • How long of a probationary period must be served by a new employee. • How bus runs are assigned to drivers. • Which employees may be assigned special trips or overtime. 2014 Trans Supers' CEP - Michigan Department of Education

  6. WHAT TYPES OF MATTERS MAY BE COVERED BY THE CONTRACT? • More examples: • What safety equipment must be used by employees and what safety measures must be followed by employees. • What methods may be used or assistance offered for transporting special needs children. • The procedure for conducting drug and alcohol testing. • The procedure for reporting accidents or other incidents. • The process and factors to be used in evaluations of employees. 2014 Trans Supers' CEP - Michigan Department of Education

  7. WHAT SHOULD I DO WHEN NEITHER THE CONTRACT NOR PAST PRACTICE PROVIDE HOW A PARTICULAR EMPLOYEE ISSUE MAY BE HANDLED? Many times there does not appear to be a practice or contract provision that covers a particular situation. Discussing the issue with the steward or other appropriate union official is very important. The discussion may lead to an agreed-upon action or at least additional options you may not have considered. Even if it does not resolve the matter, you still have the benefit of knowing the union’s position on the matter. At least, the union will be placed on notice of the matter, so the time to challenge any action begins to run. If time permits, the matter may be bargained to an agreed- upon resolution and formalized in a Letter of Agreement or Memorandum of Understanding. 2014 Trans Supers' CEP - Michigan Department of Education

  8. WHAT DO I DO IF THERE IS A CONTRACT REQUIREMENT I FIND TO BE A PROBLEM Management may not simply change a contract right or practice, because it is disliked or makes things more difficult. • However, many unions and employers have “mutual concerns” committees that may look at practical solutions. • Make sure your supervisor is aware of the problem, so that it may be addressed in the next round of bargaining. • Being open and honest with the union leadership will often result in a good relationship that will allow for consideration of matters of concern to both sides. 2014 Trans Supers' CEP - Michigan Department of Education

  9. MANAGING A TRANSPORTATION DEPARTMENT IN A LABOR CONTRACT ENVIRONMENT ARTHUR R. PRZYBYLOWICZ MEA GENERAL COUNSEL

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