SECTION 12.05
RECOGNITION AND UNION SECURITY
This article defines who is covered by the collective bargaining agreement. It is found in Article II of the AFSCME, SPOC, and UE/IUP agreements.
AFSCME: Employees excluded from the bargaining unit are all employees of the State of Iowa who are managerial, supervisory, or confidential, part-time employees who are scheduled for less than seven hundred eighty (780) hours per fiscal year and who are scheduled for less than an average of fifteen (15) hours per week, and all other employees specifically excluded by the provisions of Chapter 20 of the Code of Iowa.
UE/IUP: Employees excluded from the professional social services bargaining unit and the science bargaining unit are all other employees of the State of Iowa and managerial, supervisory, confidential, and part-time employees who work less than seven hundred (700) hours per fiscal year and all other employees specifically excluded by the provisions of Chapter 20 of the Code of Iowa.
SPOC: Employees excluded from the public safety bargaining unit are all managerial, supervisory, confidential, part-time and all other employees of the State of Iowa.
Union Membership and Contract Coverage
All
employees in certified bargaining units are covered by their respective
contract regardless of whether or not they pay membership dues or are otherwise
involved with the union or its activities.
Lists of the covered classifications are found in the collective
bargaining agreement.
Exempt Employees
Certain
employees are exempt from coverage by the collective bargaining agreement due
to the nature of their job responsibilities and the potential conflict between
the jobs and being covered by an agreement.
Collective bargaining exempt status is granted on an individual position
basis and is only authorized by the Iowa Department of Administrative Services
– Human Resources Enterprise.
Collective
bargaining exempt employees cannot be members of the union and cannot pay dues
to the union.
Employees
covered by a collective bargaining agreement are not allowed to perform
supervisory duties although they may be designated and paid as leadworkers and,
therefore, direct the work of others.
Leadworkers may not hire, fire, evaluate, discipline, or otherwise
function as supervisors. They may,
however, provide input to supervisors who take these actions.
Special Duty Employees
Contract
covered employees may be assigned to special duty in contract covered positions
or in noncontract covered, non-supervisory positions. Employees must be informed of that fact at the time they are
assigned to special-duty. Special pay
actions involving contract-covered employees must be approved by the Department
of Administrative Services – Human Resources Enterprise (DAS-HRE) Personnel
Officer prior to the assignment of pay.
Supervisors
Supervisors
are exempt from the bargaining unit and cannot be members of a union, even in
an inactive status, and cannot pay dues to a union. Supervisors must choose to either discontinue union membership or
to accept a nonsupervisory position.
The only exceptions allowed are those inactive memberships in employee
organizations that allow the supervisor to retain certain insurance
benefits. These exceptions must be
approved by the Iowa Department of Administrative Services – Human Resources
Enterprise.
Supervisors
are expected to administer the collective bargaining agreements and to present
a neutral position regarding the collective bargaining process. Supervisors may provide factual information,
such as how to sign up for payroll dues deduction or the names of union
stewards, but must avoid any discussion concerning the advantages or disadvantages
of union membership or the collective bargaining process.
Potential Prohibited Practices
Information to Unions: As the exclusive representatives of the
bargaining unit members, the unions are entitled to information concerning the
bargaining unit member or other members of the bargaining unit to assist them
in processing grievances. If requested,
information relied upon in taking action against an employee, or that is the
subject of a grievance, may need to be shared with the appropriate union
official.
The
obligation to provide the information is triggered when the request is clear,
definite and specific. It is reasonable
to ask the union to make the request for information in writing. Medical records of the bargaining unit
member(s) are not to be released.
Union Access to Break Room: The employer cannot engage in conduct which
discriminates against the unions solely because of their status as unions. This includes not allowing the union access
to non-work areas, such as break rooms, or not allowing the distribution of
non-work related materials, such as union pamphlets, when liberal access is
provided to others. If the employer has
an absolute prohibition against this type of access, that is not discriminatory.
Union Access to Offices and Equipment: We cannot allow employees to use State
offices and equipment, including letterhead paper, envelopes, postage meter,
etc., for non-work related matters, and then protest if bargaining unit members
use the same offices and equipment for union business. This includes activities that are aimed at
either encouraging or discouraging union membership. This type of double standard discriminates against the union. Our stance should be to prohibit ALL
employees from using offices and equipment for ALL non-work related activities.
Electronic
Communication: The AFSCME
collective bargaining agreement has a pilot provision that is in effect from
July 1, 2003 through June 30, 2005.
Thereafter, this provision will be deleted from the contract unless extended
by mutual agreement.
For
purposes of this section, the term “electronic communication device” is defined
to mean a telephone, a cellular telephone, a pager, a facsimile machine, and
the employer’s e-mail system.
Representatives
of the union whose names have been provided to the employer shall be permitted
to use electronic communications devices subject to the following conditions:
1. The
amount of time used by the union representative must be reasonable and must not
unduly interfere with the performance of the union representative’s work
duties.
2. Communication
is limited to the processing of grievances, matters pertaining to investigatory
interviews, labor/management meetings, and other information normally posted on
union bulletin boards.
3. No
political campaign literature or material detrimental to the Employer will be
transmitted by the union representative.
4. Employees
who use electronic communication devices will be responsible for payment of
costs incurred by the Employer which are in addition to normal operating costs.
5. Employer
work rules and policies, not in conflict with this section, will apply.
Nothing
herein should be construed as creating restrictions on previously permitted
uses or as authorizing use in locations where use is prohibited due to health,
safety, or security reasons.
Dues Deduction
Eligible
employees may pay their union dues by payroll deduction. Union stewards or representatives are
responsible for providing deduction cards to employees. Completed cards must be given to the
agency's personnel assistant for processing to payroll. Employees must request cancellation of union
dues deduction in writing to their personnel assistant as well as to the union. Specific provisions for dues cancellations
are found in Article 2 of each collective bargaining agreement.
For
all collective bargaining agreements, supervisors must be careful not to do
anything that could be construed as encouraging or discouraging union
membership. This includes issuing any
notices (other than that printed in each agreement) of the procedure for
terminating dues deduction. In
addition, management will not assist employees in terminating deductions by
stockpiling or collecting and holding termination notices for processing at the
appropriate time. It is the employee’s
responsibility to submit these notices at the appropriate times.
Some
of the collective bargaining agreements provide for other types of union
sponsored deductions. Refer to the
appropriate agreement or the Personnel Assistant for further information.
Bulletin Boards
Contract
covered employees are entitled to post union materials on one half of the
agency’s existing bulletin board space for informational postings to
employees. As qualifying space
increases, the union is entitled to a proportionate amount. Bulletin board space need only be provided
in areas that are frequented by covered employees. No more than one half of existing eligible board space is allowed
regardless of the number of contract covered bargaining units represented at
the facility or office. (Note: in SPOC contract space sufficient for only 3
- 8 1/2 x 11 notices must be allowed per bulletin board. The IUP agreement provides that IUP may put
up 24" by 24" corkboards for postings if other space is not
available.)
Posting
is only allowed on bulletin board space that has been designated for union
use. Certain bulletin boards are
retained for management’s exclusive use or for the posting of information to
clients or residents.
Employees
are entitled to a reasonable amount of paid work time to post information on
union boards. Employees, however, must
seek supervisory permission to leave the work unit or to stop work for purposes
of posting. Supervisors will determine
when posting will be allowed during the workday on the basis of the work to be
done. Supervisors determine what
constitutes a reasonable amount of time for posting of union materials at each
location. The amount of time will vary
depending upon the area that needs to be covered and the number of bulletin
boards to be posted.
Transfer
vacancy notices are posted on management’s half of the bulletin boards while
seniority lists are posted on the union’s half of the boards.
Political
campaign literature or material detrimental to the employer or the union may
not be posted on bulletin boards. In
addition, literature such as that promoting boycott of certain products or
other literature not related to the union’s function of representing employees
is questionable and should be reported to the personnel officer for guidance
about leaving or removing the material.
Management
and union representatives should work together to resolve specific problems of
appearance and arrangement of materials within available bulletin board
space. No additional bulletin boards
need to be provided solely for union use.
Specific
provisions about bulletin boards are found in each collective bargaining
agreement.
Union Leave
The
personnel officer must be notified of all requests for union leave.
AFSCME:
1.
Elected or appointed officials shall be granted an
unpaid leave of absence for the term of office, not to exceed two years, unless
that leave would cause a substantial hardship.
a. Leave is without pay, however, vacation or earned comp time may be used at the request of the employee.
b. Elected officials shall be released for monthly local/chapter meeting or quarterly Council 61 meetings unless the absence would cause substantial hardship to the unit.
c. Ten (10) calendar days notice is to be submitted to the employee’s supervisor.
d. Meetings requiring less than 10 calendar days notice must be arranged through the DAS-HRE Chief Operating Officer.
e. See the AFSCME agreement for other types of union leave and any applicable limitations.
2.
If a leave must be disapproved for substantial hardship,
contact your personnel officer prior to sending notice to the union.
3.
The following elements will be considered when
deciding if leave will be approved:
a. Staffing
level, if a minimum level must be maintained
b. Length
of leave request
c. Amount
of advance notice
d. Ability
to reschedule other staff
e. Potential
overtime costs
f.
Potential cancellation of other prescheduled leaves
(Note: A union officer’s leave
supersedes any other scheduled leave of bargaining unit members.)
g. Unusual
or extraordinary events that are known or anticipated
h. Special
skills possessed only by the employee requesting leave
i.
Prescheduled training for the employee, or training
that must be attended by others needed to cover for the employee requesting
leave
4.
Leave will not be granted if it will reduce
staffing below a present minimum staffing level, unless management has a
practice of allowing the minimum staffing level to be exceeded in approving
other leave.
5.
There must be no blanket prohibition to granting
union leave.
6.
The criteria for granting union leave shall not
differ from the criteria for granting other types of leave.
7.
Elected delegates shall be granted up to ten days
annually to attend AFSCME or AFL-CIO conventions.
8.
Elected delegates or alternates shall be granted up
to ten days to attend the biennial AFSCME International convention. Union representatives shall be granted up to
ten days annually to attend union conferences.
9.
During union leave without pay of 30 calendar days
or less, employees shall continue to accrue sick leave and vacation leave and
the Employer will continue to pay the Employer’s share of all insurance
premiums.
Iowa United Professionals:
1.
Elected appointed officials shall be granted a
leave of absence without pay of up to one year, unless the absence of an
appointed official would cause a substantial hardship.
2.
Union leaves may be renewed for periods of up to
one year.
3.
Employees returning from an authorized union leave
shall be returned to the employee’s most recent prior position or one of like
nature.
4.
The employee may elect to use vacation or comp time
in lieu of leave without pay.
5.
Elected delegates may take off up to ten days
annually to attend the annual convention.
The union will provide ten days advance notice of the employees who will
attend the convention. Employees may
elect to use vacation, comp time, or leave without pay.
SPOC:
1. Upon five days notice, the employer will attempt to reschedule days off for up to 18 employees to attend council meetings. Employees may elect to use comp time, vacation, or leave without pay.
2. Any bargaining unit member may attend general membership meetings.
a. Employees on duty in the “patrol district” at the time of the meeting may travel to the meeting in the state vehicle.
b.
Vacation, comp time, or leave without pay shall be
used for time spent in attendance at the meeting.
c.
The employer may maintain minimum staffing levels.
d.
If the meeting extends beyond the workday, the
employee shall not be in pay status during the return trip home.
e.
The council may use state facilities if available;
if 14 days advance notice is provided.
3. One council officer may be granted up to two years leave without pay unless the absence would cause a substantial hardship.
a.
At the end of the two-year period, an extension may
be requested.
b.
The employee shall retain his or her original date
of employment for seniority.
c.
Upon return from leave, the employee shall return
to the same job class, division, location, and assignment. If the position is not available, the
employee shall be allowed to transfer to an open position in the same job
class. If there are no open positions,
the employee may bump the least senior person in the job class and division.
Union Activity
The
collective bargaining agreements are specific about which union related
activities will be allowed on paid work time by employees. These activities include: posting on union
bulletin boards, discussions between employee and steward regarding grievances,
and investigating and attending grievance meetings. The SPOC and AFSCME agreements provide for paid time for all time
spent in labor management meetings that are held during regularly scheduled
hours of employment.
Other
union activities, such as employee meetings, solicitation of employees,
preparation of union literature, or discussions of union activities, will not
be allowed during working hours or in work areas.
Discrimination
In the
administration of collective bargaining agreements, employees shall not be
discriminated against because of union affiliation or involvement.
Likewise,
the union may not discriminate against employees because of their union or
nonunion affiliation. The union is
obligated to fairly represent all employees in the bargaining unit, members and
nonmembers alike.
Union Use of State Facilities During Nonwork Hours
This
written policy is intended to clarify the state’s policy regarding the right of
unions to utilize state facilities during nonworking hours.
1.
When an Iowa statute or an administrative
regulation bans the use of a facility by the general public, unions shall also
be denied use of that facility for union functions.
2.
Absent a statutory or regulatory reference to use
of your facility, and if you currently have a written policy denying use of the
facilities for public purposes, you may continue to deny use of these
facilities for union functions. If you
permit community groups (e.g., civic organizations, youth groups, church
groups, fraternal organizations, or other employee organizations) to use your
facilities for their functions, you must provide the unions the same right in
accordance with item 4 below.
3.
If statute or administrative rule specifically
provides use of state facilities for civic purposes, you will afford unions the
same privilege subject to the provisions of those rules as well as any other
established procedures.
4.
Those locations currently providing use of state
facilities to other civic and employee organizations will extend the same
rights to unions in accordance with the following guidelines:
a.
Any organization wishing to use buildings or
grounds must contact the responsible authority and obtain approval. Reasonable advance notice must be given to
allow management time to review the appropriateness of the request. All requests should be answered as promptly
as possible.
b.
The appointing authority may disapprove requests
when the requested facilities are scheduled for use by others, when the
requested facility would disrupt normal operations, or for other valid reasons.
c.
Arrangements may be cancelled in the event of
emergencies or when the needs of the agency become paramount and require the
use of the requested facility.
d.
Determination of which facilities will be available
for use and the granting of requests remains the sole discretion of the
appointing authority.
e.
The appointing authority will not discriminate in
the application of this policy against any organization making such requests.
f.
All users will be subject to the same conditions
and restrictions established by local precedent in regard to proper use of facilities,
fees charged, facilities available, rules of conduct, clean-up, etc.
g.
Any misuse or abuse of the privileges granted may
result in the suspension or termination of any rights granted under this
section.
Union Visitation Guidelines
This
policy is intended to clarify the regulation of admitting union representatives
to state facilities for purposes of visiting employees.
1.
A reasonable number of union representatives
(non-employees) have a right to access to the premises for visitation of
employees.
2.
Prior notice of the intended visit will be given by
the union representative to the designated appointing authority. Notice must be given between 8:00 a.m. and
4:30 p.m. during normal workdays and excluding Saturday, Sunday, and officially
designated holidays, except in emergency situations that arise outside these
normal hours.
3.
Every effort should be made to grant access during
the period requested provided that the requested time is in conformity with
this policy. The appointing authority
reserves the right to schedule the time, date, and place of the meeting to
ensure minimum disruption to normal operations. Upon proper request, the meeting shall be scheduled with the
employee(s) as promptly as possible.
4.
Visitation shall be allowed in non-work areas such
as cafeterias, lunch rooms, conference rooms, or visiting areas, and only while
employees are on nonwork time defined as their rest and lunch breaks or
immediately before or after their normal hours of work provided that the
facility is open. Meetings may be
rescheduled to meet unanticipated emergencies that require employees to work
during their regular nonwork time.
5.
Union representatives shall be confined to areas
apart from the regular work stations and shall not be allowed to interfere with
employees’ work assignments or normal work operations. Union representatives are not to be granted
access to restricted areas or maximum-security areas unless expressly
authorized by the appointing authority.
The place designated for visitation should afford a modicum of privacy.
6.
Union representatives fall under the same
guidelines as do any other members of the general public when visiting state
facilities. They will be required to
conform to established procedures for admitting visitors. Union representatives may be required to
have a management escort when moving about the grounds and may also be required
to submit to a personal search upon entering a correctional institution based
upon the same objective criteria used for any visitor. Management shall not harass or intimidate
union representatives in exercising their rights as defined in this policy.
The
rights granted representatives under this policy may be suspended or terminated
for willful violation of the provisions of this policy, disorderly conduct, or
for other valid reasons.
Guidelines for Supervisors in
Dealing With Organizational Activity
The
Iowa Public Employment Relations Act, signed into law in April 1974, declares
in its opening section: “It is the
public policy of the State to promote harmonious and cooperative relationships
between government and its employees by permitting public employees to organize
and bargain collectively.” That same
section guarantees to all public employees the right to assist and participate
in union organizational activities.
They are also guaranteed the right to refrain from such activities. Supervisors need to be familiar with this
important aspect of the law.
Prohibited
Practice:
Section
10 of the law states:
“It shall be prohibited practice for a public employer or his designated representative willfully to interfere with, restrain, or coerce public employees in the exercise of rights granted by this act.”
Supervisors
should be aware that any act or statement by them in connection with union organizational
activity may be considered to be an act or statement by the state. A prohibited practice may inadvertently be
committed by supervisors who are unaware of those actions that may and may not
be taken with respect to union activity.
It is most important to avoid any conduct that interferes with the
employee’s right to a free choice in deciding whether to participate in union
organizational activities or to join a union.
The
following guidelines have been prepared to enable supervisors to judge their
behavior toward all employees and to assure that the state is not in
violation of the Public Employment Relations Act.
Public
Employer Rights:
Section
7 of the Public Employment Relations Act is entitled “Public Employer
Rights.” That section states:
Public employers shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and right to:
1.
Direct the work of its public employees.
2.
Hire, promote, demote, transfer, assign, and retain
public employees in positions within the public department.
3.
Suspend or discharge public employees for proper
cause.
4.
Maintain the efficiency of governmental operations.
5.
Relieve public employees from duties because of
lack of work or for other legitimate reasons.
6.
Determine and implement methods, means,
assignments, and personnel by which the public employer’s operations are to be
conducted.
7.
Take such actions as may be necessary to carry out
the mission of the public employer.
8.
Initiate, prepare, certify, and administer its
budget.
9.
Exercise all powers and duties granted to the
public employer by law.
The
following guidelines more specifically show what actions supervisors can take
with regard to organizational activity.
Supervisors
May:
1.
Take normal disciplinary action for violations of
stated rules. The state can be charged
with the committing of a prohibited practice only if disciplinary action is
aimed at discouraging union activity or affiliation.
2.
Prevent solicitation or distribution of literature
on the employee’s working time. Union
solicitation should be prevented during an employee’s working time including
solicitation by telephone. Union
solicitation may not be prevented during an employee’s free time (rest periods,
lunch breaks) so long as it is not disruptive to other working employees and is
conducted in a nonwork area (break room, cafeteria, etc.).
3.
Prevent non-employee union organizers from entering
a working area for the purpose of literature distribution or solicitation.
4.
Continue to operate as always as long as actions
are not designed to encourage or discourage union activity or discriminate in
favor of or against pro-union or non-union employees.
Right
of Free Speech:
The
Public Employment Relations Act protects the supervisor’s right to free
speech. Section 10 states:
“The
expressing of any views, argument, or opinion… shall not constitute or be
evidence of any unfair labor practice under any of the provisions of this act
if such expression contains no threat of reprisal or force or promise of
benefit.”
Supervisors
May:
1.
Inform employees of their rights under the law.
2.
Inform employees of any false or misleading
statements made by anyone in an organizational effort.
3.
Inform employees that they need not sign a union
card in order to vote in a union organizing election.
4.
State that unions often charge monthly dues,
initiation fees and/or special assessments.
5.
Advise employees to contact the Public Employment
Relations Board for information about union petitions or election matters.
Prohibited
Practices:
To
give supervisors some guidelines regarding those actions which may be judged a
violation of the employee’s rights, the following actions would, in all
probability, be a prohibited practice under Section 10 of the Act.
Supervisor
Cannot:
1.
Attend any union organizational meetings.
2.
Discipline an employee for union activity unless it
can be shown the activity is being performed on work time.