OTHER PROBLEM-SOLVING FORUMS
Participants’ Handout (1999)
OVERVIEW: While the grievance procedure is the primary tool we use to correct problems or seize an opportunity, an NTEU steward has many alternatives to the grievance procedure--depending on the type of problem he or she faces. This class is designed to give you an appreciation for the many alternatives and some practice at selecting among them.
OBJECTIVES: At the end of this class, participants should be able to do the following
1. List some of the alternatives stewards can consider when faced with a problem.
2. Discuss when they are appropriate as well as some of the pluses and minuses of each alternative.
OPTIONS TABLE: On the next page you will find a table which briefly describes most of the alternatives we have to the grievance procedure. Included with the description will be a short list of the pluses and minuses of each. Read through the table with the instructor and ask questions so you can use the table with the practical exercise that follows:
NTEU PROBLEM-SOLVING OPTIONS
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NEGOTIATE CHANGES- Before management changes working conditions, it has to give NTEU notice and an opportunity to bargain. + We can stop changes and force a roll back. - Some changes are not substantively bargainable. |
REOPEN NEGOTIATIONS- We have a right to reopen and renegotiate contract to improve them. + We can use examples of management abuse to expand rights for everyone. - Until we reach agreement the old contracts remain in effect. |
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PARTNERSHIP ACTIVITY- While our bargaining rights may be limited, this program enables us to raise any issue, e.g., methods, means, and technology for doing work, organizational structure. + Anything is discussable and we are involve be fore decisions are made. - There is no third party to break impasses |
JOINT COMMITTEES- We can use labor-management committees to jointly look into problems and probe for solutions. + Almost any issue can be raised - It can be hard to forge a final agreement to change. |
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FEDERAL LABOR RELATIONS AUTHORITY- This agency will enforce employee rights to form, join, and assist a union as well as bargain collectively. + Their enforcement actions are free of charge and complaints can be filed for up to six months. - We do not control the management of our complaint or even whether it is heard. |
MERIT SYSTEMS PROTECTION BOARD (SPECIAL COUNSEL)- This government agency will enforce the prohibited personnel practices and prosecute waste, fraud and abuse. + Their enforcement actions are free of charge and there is no time limit for filing with them. - We do not control the case. |
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THE MEDIA- The press can publicize a problem faster than anyone else. + Word spreads quickly helping us pick up support. Using the press can really surprise (shock) management. - We can’t control the story angle and there is always the possibility of a boomerangs effect. |
THE CONGRESS- Representatives can be a big help if their federal and nonfederal constituents are e hurt. + It costs us nothing to enlist their help and it can result in a fast and powerful resolution. - We have to pick our issues carefully lest they turn on us. |
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CONCERTED ACTION- Union members can work together to demand changes through petitions, pickets, etc + We build our strength - This takes an ability to work as a team. |
STATUTORY COMPLAINTS- EEO and adverse actions can be appealed outside the grievance process. + Free of charge - Rarely employee friendly judges. |
P R A C T I C A L E X E R C I S E
Read the problems described below and pick the option that would be most appropriate. Since there may be more than one, we have provide space for a first and second choice.
OPTIONS
A. Negotiate Changes
B. Reopen Negotiations
C. Partnership Activity
D. Joint Committees
E. FLRA
F. MSPB/SC
G. The Media
H. The Congress
I. Concerted Action
J. Statutory Complaints
THE STEWARD’S PROBLEM
1. There are two elevators in the building for employees and the public to use and they are in poor condition. One or the other is often out of service, often people get caught in them as they stop between floors, and at other times they just drop a foot or two without warning. Assume that management has ignored repeated calls to fix them.
First Choice_____ Second Choice _____
2. While a particular work process has been used for years to move work between two groups, everyone knows it is outmoded and could be changed easily so that everyone wins. Unfortunately, no local manager seems to have the power to change it.
First Choice_____ Second Choice _____
3. One of the managers in your division is just a bad manager. He shouts at his people, he tells them to take improper shortcuts, he blames the employees if anything goes wrong, and he never approves their leave in time for them to plan.
First Choice_____ Second Choice _____
4. Management is quietly making plans to close an office location that employees and the public like to move to a location that will be convenient to only a few people who live in that suburb.
First Choice_____ Second Choice _____
OPTIONS
A. Negotiate Changes
B. Reopen Negotiations
C. Partnership Activity
D. Joint Committees
E. FLRA
F. MSPB/SC
G. The Media
H. The Congress
I. Concerted Action
J. Statutory Complaints
THE STEWARD’S PROBLEM
5. The division chief wants to make an immediate change in the forms that employees use to close a case. Whereas they only had to complete two forms in the past, now they will have to complete five after his change becomes effective. The union has never heard of this idea before it was announced in a formal meeting.
First Choice_____ Second Choice _____
6. The current local alternative work schedules agreement was supposed to allow employees to use credit hours to create a 5/4/9 schedule without mentioned 5/4/9 formally in the contract. Unfortunately, only a few of the managers have lived up to that understanding.
First Choice_____ Second Choice _____
7. Management repeatedly has allowed the company that runs the cafeteria to raise prices and drop the quality of the food. Employees are fed up and want something done.
First Choice_____ Second Choice _____
8. Rumor has it that when incentive awards are given most of them go to the younger employees and those over 40 do not get anything near the share they should.
First Choice_____ Second Choice _____
9. Management has announced that there is no money available for refresher training for employees, but is now spending money to take managers to a resort island for a retreat while all their offices are recarpeted and repainted.
First Choice _____ Second Choice_____