Employee and Labor Relations
This domain tests how public agencies bargain, administer contracts, and discipline employees. Expect questions on scope of bargaining, impasse resolution, just cause, grievance procedures, and Weingarten rights.
Core rules
- A union becomes exclusive representative through a certification election or voluntary recognition; it then represents all bargaining-unit employees, members and nonmembers, in wages, hours, and terms and conditions of employment.
- Scope of bargaining typically covers wages, hours, and working conditions; certain management-rights and prohibited subjects are excluded by statute.
- Bargaining must be in good faith. Impasse procedures commonly include mediation, fact-finding, and, where authorized, interest arbitration.
- Grievance procedures interpret and apply the contract, often ending in binding arbitration.
- Just cause discipline considers notice, reasonable rules, investigation, proof, consistency, and proportionality; progressive discipline usually moves from coaching to written reprimand, suspension, and termination.
- Weingarten rights give a union employee representation in an investigatory interview when the employee reasonably believes discipline may result and requests representation.
Worked example
A supervisor wants to suspend an employee for repeated lateness. HR reviews the attendance policy, the employee's signed acknowledgment, prior coaching, and the treatment of similar cases. The supervisor must give the employee notice of the allegation and a chance to respond, and must allow a union representative if the employee requests one in an investigatory meeting. If the contract requires progressive discipline, a first suspension may be excessive unless the record shows warnings. Reasoning: just cause is proven by documented, consistent, proportional action, not by the supervisor's frustration.
Traps
- Believing Weingarten applies to every meeting; it applies to investigatory interviews that may lead to discipline when representation is requested.
- Letting supervisors bargain directly with employees over contract terms.
- Confusing mediation, which is facilitated negotiation, with binding arbitration.
- Skipping documentation and then relying on past practice.