Tag: unions

Laborers Section 75 New York Labor Class

Laborers in New York Get Discipline Protection

As of September 7, 2018, New York’s Civil Service Law now extends disciplinary protections to public employees in the labor class. On that date, Governor Cuomo signed off on an amendment to Civil Service Law Section 75, which has long established procedures for disciplining many governmental employees in the State. Before this recent amendment, most laborers were excluded.

What Is the Labor Class?

According to the Civil Service Law, the labor class includes all unskilled laborers employed by governmental employers within the state. It does not include positions for which a competitive examination is available.

Which Civil Service Employees Does Section 75 Cover?

Before the amendment, Section 75 covered the following members of the Classified Civil Service (with limited exceptions):

  • All competitive class permanent appointees.
  • Any permanent appointee who was honorably discharged from the U.S. armed forces after serving in time of war.
  • Any permanent appointee who is an exempt volunteer firefighter.
  • An employee who has served at least 5 years of continuous service in a non-competitive position not designated as confidential or influencing policy.
  • A non-competitive employee of New York City in the position of Homemaker or Home Aide who has at least 3 years of continuous service in the position.
  • A police department employee holding the position of detective for three continuous years or more.

Now employees in the labor class get the same protections as non-competitive class employees. Thus, it applies to laborers with at least 5 years of continuous service. The exclusion for confidential or policy-influencing positions also applies, but it is unlikely that many laborers would have those designations.

Waiver of Section 75 Protections

Section 75 establishes default due process requirements for disciplining covered employees. However, employees can waive the protections of Section 75,

Many collective bargaining agreements between unions and public employers establish grievance and arbitration procedures in lieu of those provided by Section 75. Many labor class employees were already subject to these alternative procedures. For them, the amendment will not have any direct impact.

Click here for more on the detailed requirements of Civil Service Law Section 75.

What This Means for Public Employers with Laborers

The change to the law took effect immediately upon Governor Cuomo’s signing. Therefore, any labor class employees with 5 years of continuous service now have job protection–either through Section 75 or a pre-existing contractual alternative.

Governmental entities in New York (including municipalities and school districts) whose laborers previously had no contractual job protection now face a different reality. They must follow Section 75 before disciplining qualifying employees in the labor class.

 

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Union Basics for Employers

Union Basics for Employers (Webinar Recap)

On September 20, 2018, I presented a complimentary webinar called “Union Basics for Employers.” For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

Click here to watch the webinar now.

In the webinar, I discuss:

  • Representation Procedures
  • Grievances and Unfair Labor Practices
  • Negotiations
  • Strikes and Lockouts

This webinar may be helpful both to companies that are currently unionized and those that are not. The content primarily focuses on private companies subject to the National Labor Relations Act. This includes most businesses other than governmental entities.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Union Basics for Employers”

Let’s face it, most employers would rather not have to deal with a union. While this webinar mentions some tips for staying union-free (i.e., be a good employer), the emphasis is on explaining what it means to have a union.

Topics include how unions come to represent employees in the first place and what happens once the union is in. I also describe the primary procedure for employees to vote their union out.

The webinar is also a good primer for human resources personnel joining a unionized company for the first time. Learn what to expect and what it all means for your company.

If nothing else, learn how to better co-exist with a union in your workplace here.

Don’t Miss My Future Webinars!

Click here to sign up for my email newsletter to be among the first to know when registration is open for upcoming programs!

Union Decertification

Union Decertification

Private sector employees unhappy with their union can initiate a decertification process through the National Labor Relations Board.  If successful, this process removes the union as the employees’ exclusive bargaining representative and relieves them of the obligation to pay dues or other fees. Once the union is out, employees can deal directly with their employer concerning terms and conditions of employment.

Common reasons union members vote to decertify their union are they don’t believe the union is worth the dues, they prefer to resolve issues directly with management, or the union is no longer useful. Employees can also decertify their union to replace it with another union.

No Company Involvement

Companies cannot be involved in the union decertification process. Efforts to decertify a union cannot occur on work time, in work areas, or while using company equipment. If management assists in any decertification procedures, the employer may have committed an unfair labor practice. Employees wishing to decertify their union can seek outside assistance.

Filing Period

Employees may only attempt to decertify their union at certain times.

Employees cannot try to decertify a new union until one year after its certification. Once a year passes, employees may only ask for decertification during a 30-day “window period.” This window is typically open between 60 and 90 days before the expiration of a collective bargaining agreement. For healthcare institutions, the window period runs from 90 to 120 days before contract expiration.

Once a collective bargaining agreement expires or remains in effect longer than three years, employees may ask for decertification at any time.

Decertification Petition

The process of decertifying a union begins with a petition demonstrating the desire to decertify. Any employees in the bargaining unit, including non-union members, may sign the petition. Signatures must occur off work time and at a non-work location. The petition must bear the signatures of at least 30% of the bargaining unit for the NLRB to conduct a secret ballot election. (In some cases, an employer may withdraw recognition of the union if at least 50% of the employees in the bargaining unit sign a properly worded petition demanding withdrawal.)

Employees should submit this “showing of interest” petition to the NLRB regional office. Then the employees must serve certain forms on the employer and the union. The required documents can be electronically filed and served, mailed, or delivered in person.

Decertification Election

Following receipt of a valid decertification petition, the NLRB will administer a secret ballot election. If at least half of the employees vote against the union, it will no longer represent the employees.

Employers and unions cannot ask how employees are voting. Harassment or threats by either side about voting can constitute unfair labor practices and may overturn the election results.

Public Employees

Since the National Labor Relations Act only covers the private sector, employees of public employers must follow different procedures. A recent Supreme Court decision (Janus) could create a wave of public sector union members walking away from unions (at least by withdrawing financial support). If so, private-sector employees might become more eager to do so as well.

Employer Cautions

Remember that management cannot organize a decertification effort. Companies who learn of employee interest in potentially removing a union should consult with experienced labor counsel to review applicable parameters. Any violations of the National Labor Relations Act by supervisors could unduly undermine employees’ ability to choose to be union-free.

 

For more on what it means it to have a union in your workplace, check out this webinar on Union Basics for Employers.