HomeMy WebLinkAboutEmail - Creation of Labor Mgmt. CommitteesGallastegui, Elvi
From: Castaneda, Frank
Sent: Monday, July 16, 2012 2:11 PM
To: Gallastegui, Elvi; Martinez, Johnny; Pruitt, Beverly
Cc: Gort, Wifredo (Commissioner)
Subject: RE: July 26 District 1 item
Commissioner is requesting a progress report on the creation of Labor/management committees.
F
Promoting the development of sound and stable
labor-management relations,
Preventing or minimizing work stoppages
by assisting labor and management in settling
their disputes through mediation,
Advocating collective bargaining, mediation
and voluntary arbitration as the preferred processes
for settling issues between employers
and representatives of employees,
Developing the art, science and practice
of conflict resolution, and
Fostering the establishment and maintenance
of constructive joint processes to improve
labor-management relationships, employment
security and organizational effectiveness.
M C
Federal Mediation & Conciliation Service
2100 K Street, NW
Washington, DC 20427
(202) 606-8100
www.fmcs.gov
Federal Mediation & Conciliation Service
Table of Contents
Introduction 1
Determining the need for
a Labor -Management Committee 2
Why consider a Labor -Management Committee? 3
Obtaining labor and management agreement and
commitment to a Labor -Management Committee 4
Planning for success 5
Hints on minutes 7
Do's and don'ts 8
Problems inherent in joint committees 10
In summary 10
Sample format of bylaws for joint committees 12
Sample format of contract language
establishing a joint committee 14
"With rt history ofn
rre than 60
earsvf
providing' mediation and lacilitation services,
£ 1105 hos more collective expertence in dispute
resolution than any other rt�eracy t0f
government
Pi n g for Progress
ach year many new labor-management com-
mittees are formed by companies and unions
representing their employees with the assistance
of the Federal Mediation and Conciliation Service.
Although labor-management committees have been
on the American industrial relations scene for many
years, there is continued interest in the concept as a
means of promoting industrial peace.
Job enrichment and employee involvement at the
worksite have drawn much interest in the industrial
relations community. Considerable publicity has at-
tended successful workplace programs that improve
company profits, promote productivity, increase
employee security and provide satisfaction to partici-
pants in labor-management committees.
Worksite, area and industry -wide labor-management
committees have helped stabilize labor relations within
communities and throughout industries.
The goals of such committees can range from a sincere
desire to simply improve communications to an exten-
sive program aimed at modifying behavior patterns, job
enrichment and productivity improvement. Regardless
of their goals, they have one thing in common —the
essential need for representatives of labor and manage-
ment to join together to talk about mutual problems.
The labor-management committee is one of the keys
to accomplishing this.
Determining the Need for a
Labor -Management Committee
All too often, the only formal means of communication
between labor and management is the contractual
grievance procedure and contract negotiations.
That line of communication is strictly one between
adversaries. A "win -lose" atmosphere is not conducive
to solving other matters of mutual concern. The result
is that top management is often insulated from the
operational problems that spill over to become labor
relations disputes. The parties find that routine prob-
lems that have no avenue for attention ultimately land
on the bargaining table at contract time.
Clues that indicate the need for a worksite labor-
management committee may become obvious in
contract negotiations. And all too often, after the
contract is settled, the unresolved problems are pushed
to the side. Allowed to fester, they become grievances
or critical issues in the next set of contract negotiations.
Thus the divisive cycle repeats itself.
Some clues that indicate the need for an improved means
of communication between labor and management?
1. An unusually high number of grievances, or
repetitive grievances on the same issues.
2. Lack of use or improper use of the grievance
procedure.
3. Few settlements of grievances in lower steps or an
excessive number of arbitration cases.
4. A larger number of "relationship -type" demands
during contract negotiations.
5. Distrust that breeds poor attitudes at the
bargaining table.
6. An indication of economic crisis within a
company, i.e., partial workplace closure, low
productivity, poor quality, inability to compete.
7. A breakdown of communications at all levels.
2
Why Consider a
Labor -Management Committee?
The labor-management committee is not a substi-
tute for the grievance procedure or contract negotia-
tions. But it can contribute to making both more
effective forums for constructive resolution of disputes.
As such, the labor-management committee can
develop into a significant factor in improving the
labor relations climate in organizations. From a
practical standpoint, both labor and management want
to know why they should shift from an adversary posi-
tion to one of mutual cooperation. In other words,
"what's in it for my organization?"
What's in it for Management?
1.. A forum to review business conditions, quality
problems, product development, customer
requirements and other related matters that
demonstrate the relationship of the employees'
role in the success or failure of the business.
2. An opportunity for advance discussion of
operational problems, planning and scheduling,
and other matters that have potential impact on
employee work schedules, overtime scheduling,
layoffs, recalls, temporary transfers or new job
opportunities.
3. An open channel of communication for top
management to establish rapport with the union
committee without becoming bogged down in
day-to-day labor relations problems, including
grievances.
4. An opportunity for management to be
responsive to constructive suggestions and valid
complaints, demonstrating to the union and
employees that management is sincerely
interested in improving the workplace.
5. A means of communicating with employees
through their elected leaders.
3
What's in it for Labor.?
1. A channel of communication to top
management.
2. A chance for input on operational problems and
management plans that affect employees' work
schedules, job assignments and working
conditions.
3. An avenue to express employee complaints that
lie outside the normal grievance procedure.
4. An opportunity to resolve minor problems
before they become significant grievances.
5. Recognition, by management, of the union as a
responsible organization with a constructive role
beyond that of simply processing grievances.
6. A means of strengthening communications with
the membership.
Obtaining Labor and Management
Agreement and Commitment
The first step in minimizing labor-management con-
flict during the term of an agreement is for both parties
to recognize their mutual problems and be willing
to make the necessary commitment to resolve them.
Federal mediators are in a unique position to provide
expert assistance in the formation of a labor-manage-
ment committee. Although the mediator can assist the
parties in establishing a mechanism to help solve their
problems, labor and management have the final
responsibility for the resolution of their problems.
Obviously, the commitment of the parties will have
considerable bearing on the effectiveness of any labor-
management committee. Top management in the
organization must support the concept. Local union
officials and stewards must get the support and under-
standing of the rank -and -file membership.
Manning for Success
Good intentions must be accompanied by proper
planning and organization. It's in this key phase that
the mediator's experience and guidance can be most
valuable.
Once the agreement and commitment to the establish-
ment of a labor-management committee have been
obtained, an organizational meeting is necessary. This
meeting requires the involvement of the decision makers
from management and labor, since the composition of
the labor-management committee and the guidelines it
will follow will be made and endorsed at this session.
The guidelines should include statements on:
1. The purpose and commitment of the committee,
which may be signed by leaders of both parties.
2. The structure and size of the committee.
3. A procedure for the timing, size and exchange
of agendas.
4. The time, place, duration and frequency of
meetings.
5. The method for taking and maintaining minutes
of the meetings.
6. Other matters unique to their particular
relationship.
7. Each party should assign top representatives as
permanent members. Provision should also be
made for the rotation of "at -large" members.
Management should have a top operations official, such
as the workplace manager or facility administrator, and
the Labor Relations or Human Resources manager as
part of its permanent committee. The union's perma-
nent committee members should include its interna-
tional or business representative, the local union presi-
dent or chief steward, as well as the shop committee or
key members of the executive board. It is also suggested
that no alternates or substitutes be permitted as per-
manent members of the committee.
5
Rotating members, a supervisor and steward, for exam-
ple, can be chosen from the same department. This
method of rotation gives each group in the workplace
an opportunity for coordinated participation. The "at -
large" rotating members also lend credibility by provid-
ing an open door for potential skeptics.
A determination for chairing the structure permanently
should be made. The mediator usually chairs the first
few meetings. Once the parties are proceeding success-
fully, the mediator withdraws.
Chairing then usually alternates between both parties.
The mediator remains involved as long as the parties
want third -party assistance. The mediator will be avail-
able if the parties encounter a special problem that
requires third -parry help.
It is important to determine the procedure for the
exchange, timing and size of each agenda. It is beneficial
for both parties to specify subjects for the agenda and to
submit them to the other party several days in advance
of the meeting. The parties should be encouraged not to
be so rigid in their agenda requirements that a hot issue
cannot be placed on the agenda at the last minute by
mutual consent. Urgent business should be aired first
to keep tensions at a minimum. Topics that remain will
then be given consideration in a more relaxed atmos-
phere. Each committee member, in turn, should be
given an opportunity to express opinions on each issue.
Meetings should be regularly scheduled to assure conti-
nuity. Initially, the frequency should be once a month
for two hours. The frequency and duration can be
expanded or reduced to suit the needs of each situation.
Other general guidelines may be established, such as:
0 Neither party may demand or propose any change
in the language of their current agreement.
Active grievances will not be discussed. This should
not prohibit the discussion of serious problems that
may, in an incidental manner, be covered by an
active grievance.
Hints on Milmtes
While proceedings of labor-management committee
meetings tend to be conducted in an informal
atmosphere, the need for some written record is
important. Minutes demand a strong sense of
credibility. The minutes must accurately reflect the
discussions to be credible.
0 Minutes can be recorded by both parties. These
minutes might be pooled, edited and approved
by both parties prior to final preparation and
distribution.
4, The minutes should record "old business,"
reflecting items satisfactorily disposed of, as well as
"open" items still under study. This shows a positive
cause -and -effect relationship that demonstrates the
value of the labor-management committee to the
membership as an avenue for valid complaints or
suggestions. This not only lends support to the
union committee's participation, but also places
management in a positive light as being responsive
to constructive suggestions.
▪ It should be agreed that these written proceedings
will not be introduced into any grievance or
arbitration hearing. This is vital, since maintaining
an uninhibited, free exchange of dialogue is critical
for success.
▪ A method for distribution of minutes should be
agreed upon. Minutes can be posted on workplace
bulletin boards, presented at staff or employee
meetings, at union membership meetings and,
possibly, mailed to employees' homes. They should
be cosigned by representatives of both parties.
fi 7
Do's and Don'ts
Once the labor-management committee has been
set up and organizational items have been agreed
upon, the success of the committee depends on the
parties. Based on past experience, federal mediators
have identified some of the "do's" and "don'ts" that
provide the framework for success.
Do Keep the discussion centered on the issue
involved.
Do Keep personalities from becoming involved.
Do Hold all meetings as scheduled. Cancel
meetings only in an emergency. Be prompt
in attending the meetings.
Do Submit the agenda in advance to allow the
opposite party sufficient time to investigate
problems.
Do In submitting the agenda, identify all items
to be discussed.
Do Maintain an agreed -to procedure on
recording and drafting the minutes, as well
as methods of distribution.
Do Maintain accurate minutes on subjects
discussed at the previous meetings that have
been " completed' or "resolved" as well as
those items still "open."
Do Be sure the committee concept is explained
to and understood by employees and
supervisors.
Don't Start the first meeting with extremely
difficult issues. Get accustomed to this
problem -solving technique by tackling
rather minor problems first.
Don't Allow the meetings to become gripe
sessions.
Don't Deal in generalities. Be specific about the
problem and its suggested correction.
Don't Anticipate that you know the answer to
a question before it has been discussed.
Ask questions to get the facts.
Don't Treat any issue on the agenda as being
unimportant. Each item on the agenda
deserves thorough investigation and
discussion.
Don't Delay in communicating solutions
developed for serious problems, or the
outcome of issues discussed.
Don't Start scheduled meetings late, or drag
them on beyond the allotted time.
This has often brought failure.
Don't Look for immediate results.
And remember, it is important that less serious
problems be discussed initially to familiarize every-
one with the committee operation and the process
of working together to solve problems.
8 9
Problems Inherent in Joint Committees
The labor-management committee is no panacea.
It requires sincere people who are willing to give
it a try. Management has an understandable anxiety
about the labor-management committee as a vehicle
for encroaching on its right to manage. Management
recognizes that the committee may require more time
off with pay for union members who participate,
and that it will require time and attention of top
management personnel.
On the other hand, labor representatives are
susceptible to the political implications of how their
members might view their participation in labor-
management committee meetings. Union leaders
don't want to be charged with getting too cozy with
management. They have little interest in consulting
with management unless they can make a serious
contribution. They don't want to be patronized.
The problem -solving approach of the labor-
management committee does not imply a shifting or
reduction of power. It is simply a better means of
communicating and exercising the responsibility of
leadership. It is an approach that can make the labor-
management relationship mutually beneficial.
n Summary
Today's complex economic problems call for new
efforts by labor and management to pull together in a
spirit of cooperation to make the most productive use
of their skills and resources.
The introduction of technology to regions of the
world with lower costs, the increasing need for costly
raw materials from abroad, and the pressure from
foreign producers on domestic suppliers have had a
profound impact on the American economy.
10
At home, rapid technological change has had a far-
reaching effect in the American workplace, creating
new opportunities, changing the nature of jobs and
transforming the work environment. Social and
educational changes are also impacting labor and
management. A rising level of education, the influx
of youth, minorities and women into the workforce,
and employee lifestyle issues are affecting management
and unions alike.
Many management and labor representatives recognize
that new approaches are needed to deal cooperatively
with mutual problems. They recognize that business -as -
usual is no longer a viable approach to these problems.
There is general agreement that more cooperation is
needed to:
2.
Involve employees in solving workplace
problems.
Reduce waste due to absenteeism, turnover, lack
of training, accidents, low morale and employee
dissatisfaction.
3. Utilize more fully the skills and knowledge of
employees.
4. Work more efficiently and competitively to
reduce costs.
The best ideas for improving the way a job is done
often come from the people doing the job. Every
organization benefits from the ideas and skills of the
people working in it, just as employees' security
depends on the success and growth of the firm.
Federal mediators are committed to helping manage-
ment and labor meet these goals. They stand ready
to provide counsel and assistance to America's labor-
management community.
Sample Format of Committee Bylaws
joint Labor -Management Committee
Purpose
To investigate, study and discuss possible solutions to
mutual problems affecting labor-management relations.
Representation
Union
Five members: president, business agent, secretary -
treasurer and two stewards.
Company
Five members: top management representatives,
department head, two labor relations representatives
and one other operating member from the depart-
ments working under the union contract.
The company's general manager and the international
representative of the union are ex-officio members.
Substitutes may be chosen by mutual consent, but it is
recognized that a continuity of membership is required.
The operating members from management and the two
representatives from the union, other than the president,
business agent and secretary -treasurer, will be rotated
every 12 months.
Chairing
Responsibility for chairing meetings shall alternate each
meeting between the union and management. Each
party will determine whether their chair assignment will
be permanent or rotate among their members.
Reporting
Topics will be recorded as they are discussed. Any proce-
dures or recommendations developing from these meet-
ings will be communicated to the proper group; i.e.,
Operating Department, Joint Standing Committee,
Negotiating Committee, etc.
Drafts of the minutes of meetings will be refined by one
designated representative from each party.
12
Date and Time of Meetings
Meetings shall be held once a month, and they shall be
limited to two hours. An agenda shall be submitted 48
hours prior to the meetings to both parties. At the first
meeting, a specific day and time shall be selected for
future meetings. Every attempt shall be made to keep
such a schedule, realizing that some flexibility is
necessary.
Topics not on the agenda shall not be discussed but
rather shall be placed on the following month's agenda.
The agenda shall include a brief description of each item
to be discussed. Emergency items may be added to the
agenda by mutual consent.
Discussion of agenda topics will be alternated, with the
party occupying the chair exercising the right to desig-
nate the first topic.
General Guides
It is recognized that recommendations growing out of
these meetings are not binding.
1. No grievances shall be discussed and no bar-
gaining shall take place.
2. Topics that could lead to grievances may be
discussed.
3. Each person wishing to speak shall be recognized.
by the Chair before speaking.
4. The Chair shall recognize a motion from either
party to table a topic for further study.
5. Either party may initiate a request to the Federal
Mediation and Conciliation Service for assistance.
6. Each topic shall be discussed fully and action
reached before proceeding to another topic. Topics
requiring further study may be tabled. Where
mutually satisfactory decisions are not reached,
the topic shall be cancelled, reverting to its proper
place in the labor-management relationship —for
instance, grievance procedure, negotiations, etc.
13
Sample Format of Contract Language
Sec. 2 Joint Study Committee
2.51 The Company and the Union, desiring to
foster better day-to-day communications,
and to achieve and maintain a mutually
beneficial relationship through the use of a
continuing communications program to ef-
fectively maintain stable labor-management
relations and avoid controversies, do hereby
establish these bylaws for a Joint Study
Committee.
2.52 The purpose of the Committee is to discuss,
explore and study problems referred to it by
the parties to this Agreement. The Commit-
tee, by mutual agreement, shall be author-
ized to make recommendations on those
problems that have been discussed, explored
and studied.
2.53 In order to have a frank and open discus-
sion, the Committee shall have no authority
to change, delete or modify any of the terms
of the existing Company -Union Agreement,
nor to settle grievances arising under the
Company -Union Agreement. Committee
discussions shall not be publicized except for
those recommendations that have been
mutually agreed upon.
14
2.54 The Committee shall be composed of 10
members, five representing the Union and
five representing the Company. The Union
Committee shall include the President of the
Local Union, the International Representative
or Business Agent and the three Chief
Stewards. The Cornpany Committee shall
include the General Manager, Labor
Relations Manager, Facility Manager and two
other Management representatives appointed
by the Company. A representative of the
Federal Mediation and Conciliation Service
may be invited to attend and participate in
Committee meetings.
2.55 Chairing the Committee shall alternate be-
tween a representative appointed by
Management and a representative appointed
by the Union. The representative appointed
as Chair shall serve a term commencing with
the close of the meeting at which the
appointment is announced and continue
until the end of the next meeting.
Meetings shall be held on a day designated by
the Chair during the first full calendar week
of the month. However, interim meetings
'may be held if mutuallyagreed to by the
Committee.
Meetings shall be conducted in the workplace
facility unless otherwise agreed to.
Meetings shall begin at a time agreed upon
by the parties.
The Chair shall cause an agenda to be
prepared for the meeting and distributed to
all members at least two working days prior
to the meeting.
15
FMCS Organization Notes..
FMCS mediators work out of more than 60 field
offices around the United States, administered through
10 geographic regions. For more information, contact
the FMCS National Office or visit www.fmcs.gov to
locate the field office nearest you.
National Office
Federal Mediation and Conciliation Service
2100 K Street, NW
Washington, DC 20427
Phone: (202) 606-8100 Fax: (202) 606-4251
Website: www.fmcs.gov
16