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Public Employees . Most governmental bodies have civil service laws, designed to insure that employment decisions are not based on politics, but on merit.Teachers and professors in public schools and universities sometimes enjoy the protection of tenure laws, designed to protect the central purpo
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1. PUBLIC EMPLOYMENT AND LABOR LAW
2. Public Employees Most governmental bodies have civil service laws, designed to insure that employment decisions are not based on politics, but on merit.
Teachers and professors in public schools and universities sometimes enjoy the protection of tenure laws, designed to protect the central purposes of academic life:
to raise questions,
express controversial ideas,
and pursue the truth wherever it leads.
3. Public Employees 2 Public employees are protected from wrongful termination by:
The due process rights in property and liberty afforded by the 5th and 14th Amendments to the U.S. Constitution, and
The freedoms of speech, religion and association afforded by the 1st Amendment to the U.S. Constitution.
4. Public Employees 3 In general, public employers are responsible for affording their employees due process, both pre-termination and post-termination.
Prior to termination, a hearing must be held that provides public employees with
notice of the charges against them,
explanation of the evidence, and
opportunity to present their side of the story.
Following termination, a more elaborate hearing with opportunities to confront witnesses and present evidence is required (if requested by terminated employees).
5. Public Employees 4 Constitutional protection on free speech grounds is afforded only to a public employee who is speaking as a citizen on matters of public concern, not as an employee.
Public employers must respect the constitutional rights of their employees to freedoms of religion, speech, and association.
Termination or other disciplinary action should be imposed only when the exercise of these rights clearly interferes with an employee’s ability to do his job or with accomplishment of the public agency’s mission.
6. But, the NATIONAL LABOR RELATIONS ACT
Expressly excludes
United States, wholly owned government corporations, states, and municipal corporations.
7. Federal Service Labor-Management Relations Statute (FSLMRS) Part of Civil Service Reform Act of 1978
Includes rules pertaining to federal employees forming, joining, and assisting labor organizations. (May join or refrain from joining.)
Calling, participating in, or condoning a strike, work stoppage, or slowdown is an unfair labor practice
A union’s certification may be revoked.
Covers all executive agencies, Library of Congress, and the U.S. Government Printing office.
Excluded agencies include General Accounting Office, FBI, CIA, National Security Agency, & Tennessee Valley Authority
Administered by the Federal Labor Relations Authority (FLRA)
Investigates and prosecutes unfair labor practice cases
8. Federal Service Labor-Management Relations Statute (FSLMRS) (Cont’d)
Agencies & exclusive representatives have an obligation to meet at reasonable times and to consult and bargain in a good faith effort to reach agreement with respect to conditions of employment
9. UNFAIR LABOR PRACTICES Agency:
Interfering with exercise of employee rights,
Disciplining or discriminating because an employee engaged in union activities or filed a complaint or petition,
Refusing to negotiate in good faith,
Refusing to cooperate in impasse procedures,
Enforcing a regulation that is in conflict with any prior CBA, or to otherwise fail to comply with the statute
10. UNFAIR LABOR PRACTICES Union
Interfering with employee rights
Attempting to cause agency to discriminate
Failing to negotiate in good faith
Failing to cooperate in impasse procedures & decisions
Discriminating on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicap
Calling or condoning a strike or work slowdown
Picketing that interferes with agency’s operation is prohibited, but informational picketing that does not interfere is allowed.
11. UNFAIR LABOR PRACTICES
Remedies
Order to
Cease & desist
Require a negotiation with retroactive effect
Reinstate an employee with back pay
Award of attorney fees in certain situations
12. POSTAL SERVICE WORKERS Postal Reorganization Act of 1970 created the U.S. Postal Service as an independent agency
NLRB is authorized to determine the appropriate bargaining unit, supervise elections, and enforce unfair labor practice provisions
Wages, hours, and working conditions determined through collective bargaining
If an impasse exists after 180 days , fact-finding procedures and then binding arbitration are required (Striking not permitted.)
13. STATE AND LOCAL EMPLOYMENT 2/3 of states have statutes that allow public sector collective bargaining
Thirty states have comprehensive public sector labor relations law
States without comprehensive laws include: Alabama, Arizona, Arkansas, Colorado, GEORGIA, Idaho, ND, OKLA, SC, Tenn, TX, Virginia, WV
Many states have a Public Employment Relations Board (PERB). Similar to NLRB.
14. PROCEDURES USED DURING IMPASSE
Negotiation
Mediation
Fact-finding
Interest arbitration
Final offer selecting
15. GEORGIA LABOR RELATIONS
Georgia Merit System
http://www.gms.state.ga.us/aboutgms/index.asp
Grievance hearing http://www.gms.state.ga.us/employee/grievancehear.asp
Grievance procedure http://www.gms.state.ga.us/pdf/misc/grvpolicy.pdf
Dispute resolution http://www.gms.state.ga.us/employee/disputeres.asp
16. UNIONS OF GOVERNMENT EMPLOYEES
AFSCME http://www.afscme.org/
American Federation of Government Employees http://www.afge.org/Index.cfm?Page=AFGEFacts