Bypass and ULP's
Here is yet another "60 second"
training aid!
I want to break down "By Pass," which is an Unfair Labor Practice. First, Management often tries to break the organization into three parts...Management, the Employees, and the "Union." Once a group of employees have elected and voted in a Union...there are only two groups. Management and the Union which represents the BUE's. By law, the "Union" is the Exclusive Representative of the Bargaining Unit Employees. The term "Exclusive" is key here. That means only the "Union" can negotiate on behalf of the membership.
Management cannot without the risk of an Unfair Labor Practice:
(1). Meet and negotiate directly with the BUE's about changes in working conditions. I often hear, "We have already met with the employees and they are in agreement with..." At that point...management has engaged in "By Pass!" You should be very aware of "Formal Discussions" which is yet another training segment!
(2). By forming "Work Groups" of BUE's to come up with changes in working conditions and then implementing the changes.First, employee work groups can come up with what every...it does not take away the requirement to negotiate.
Second...often I hear, "So and so Union Official was part of the group." UNLESS THE UNION HAS AGREED CLEARLY AND IN WRITING BEFORE HAND...THE "WORK GROUP" CAN COME UP WITH CHANGES...BUT THOSE CHANGES HAVE TO BE RAN THROUGH THE UNION AND NEGOTIATED (SEE ARTICLE 11). It is a time savor by having a Union Representative on the work group...because it makes the second step "negotiations" quicker and cleaner!
It is the "Unions" responsibility to take management's proposals that have been provided to them (See Article 11) and meet with the BUE's for input and suggestions. The "Union" will do the negotiations on behalf of the membership!
FYI
Larry E. King
F.S.C. Vice President
Civilian Conservation Corps, USFS
C.C.C. Locals
NFFE-IAM
(606) 354-2861
I want to break down "By Pass," which is an Unfair Labor Practice. First, Management often tries to break the organization into three parts...Management, the Employees, and the "Union." Once a group of employees have elected and voted in a Union...there are only two groups. Management and the Union which represents the BUE's. By law, the "Union" is the Exclusive Representative of the Bargaining Unit Employees. The term "Exclusive" is key here. That means only the "Union" can negotiate on behalf of the membership.
Management cannot without the risk of an Unfair Labor Practice:
(1). Meet and negotiate directly with the BUE's about changes in working conditions. I often hear, "We have already met with the employees and they are in agreement with..." At that point...management has engaged in "By Pass!" You should be very aware of "Formal Discussions" which is yet another training segment!
(2). By forming "Work Groups" of BUE's to come up with changes in working conditions and then implementing the changes.First, employee work groups can come up with what every...it does not take away the requirement to negotiate.
Second...often I hear, "So and so Union Official was part of the group." UNLESS THE UNION HAS AGREED CLEARLY AND IN WRITING BEFORE HAND...THE "WORK GROUP" CAN COME UP WITH CHANGES...BUT THOSE CHANGES HAVE TO BE RAN THROUGH THE UNION AND NEGOTIATED (SEE ARTICLE 11). It is a time savor by having a Union Representative on the work group...because it makes the second step "negotiations" quicker and cleaner!
It is the "Unions" responsibility to take management's proposals that have been provided to them (See Article 11) and meet with the BUE's for input and suggestions. The "Union" will do the negotiations on behalf of the membership!
FYI
Larry E. King
F.S.C. Vice President
Civilian Conservation Corps, USFS
C.C.C. Locals
NFFE-IAM
(606) 354-2861