APPROPRIATE BARGAINING UNITS

1
APPROPRIATE BARGAINING UNITS
2
APPROPRIATE BARGAINING UNITS

• TO DETERMINE IF A BARGAINING UNIT IS APPROPRIATE,
  IT MUST BE DETERMINED THAT THERE IS A COMMUNITY
  OF INTEREST
• THE TESTS USED BY THE PUBLIC SECTION (ERB) AND
  THE PRIVATE SECTOR (NLRB) ARE VERY SIMILAR

3
NLRB FACTORS TO BE CONSIDERED

• SIMILARITY OF PAY AND METHODS FOR COMPUTING PAY
• SIMILARITY OF BENEFITS
• SIMILARITY OF HOURS WORKED
• SIMILARITY OF KIND OF WORK PERFORMED
• QUALIFICATION, SKILLS AND TRAINING
• PHYSICAL PROXIMITY AND FREQUENCY OF CONTACT AND
  TRANSFERS
• FUNCTIONAL INTEGRATION OF THE EMPLOYERS
  OPERATIONS
• EMPLOYERS ORGANIZATIONAL STRUCTURE REGARDING HR
• BARGAINING HISTORY, IF ANY
• EMPLOYEE WISHES

4
ERB COMMUNITY OF INTEREST STANDARDS

• SIMILARITY OF DUTIES
• REQUIRED JOB SKILLS
• JOB CLASSIFICATIONS
• INTERCHANGE OF DUTIES
• INTEGRATION OF WORK SITES,
• PROMOTIONAL AND TRANS OPPORTUNITY
• LEVEL OF COMMON SUPERVISION
• STRIKE STATUS

5
IS THE WORKER IN MANAGEMENT OR SHOULD THE PERSON
BE IN THE BARGAINING UNIT?

• PRIMARY FACTORS
• HIRING
• ASSIGNMENT AND DIRECTION
• DISCIPLINE
• GRIEVANCE PROCESSING
• OTHER FACTORS
• TRANSFER
• SUSPEND
• LAYOFF
• RECALL
• REWARD
• PROMOTE

6
CONFIDENTIAL EMPLOYEE FACTORS

• DOES THE PERSON DEAL WITH CONFIDENTIAL
  INFORMATION RELATING TO COLLECTIVE BARGAINING
• DOES THE POSITION BEING ASSISTED FORMULATE,
  DETERMINE AND EFFECTUATE MANAGEMENT'S BARGAINING
  POSITION?
• IF SO, DOES THE ASSISTANCE INVOLVE COLLECTIVE
  BARGAINING?
• IF IT DOES, IS THE ASSISTANCE NECESSARY, THUS
  REQUIRING THAT THE POSITION BE EXCLUDED FROM THE
  BARGAINING UNIT IN ORDER TO PROTECT THE EMPLOYER
  FROM DISCLOSURE OF ITS STRATEGIES?

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DISCUSSION QUESTIONS
8
IS THIS AN APPROPRIATE BARGAINING UNIT?

• A UNION SEEKS TO ORGANIZE A GROUP OF WORKERS WHO
  WORK FOR A WATER WORKS. THE UNION IDENTIFIES THE
  UNITY AS INCLUDING THE FOLLOWING
• ALL EMPLOYEES OF THE EUGENE WATER WORKS

9
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS WHO SIGN
  UNION MEMBERSHIP CARDS

10
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS WHO PAY
  UNION DUES

11
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS WHO PAY
  UNION DUES OR FAIR SHARE FEE ASSESSMENTS

12
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS EXCEPT
  FOR SUPERVISORS

13
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS EXCEPT
  FOR SUPERVISORS AND CONFIDENTIAL EMPLOYEES

14
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS EXCEPT
  FOR SUPERVISORS, CONFIDENTIAL AND TEMPORARY
  EMPLOYEES

15
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS EXCEPT
  FOR SUPERVISORS, CONFIDENTIAL, TEMPORARY AND PART
  TIME EMPLOYEES

16
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL EMPLOYEES OF THE EUGENE WATER WORKS EXCEPT
  FOR SUPERVISORS, CONFIDENTIAL, TEMPORARY, PART
  TIME AND CERTIFICATED EMPLOYEES

17
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL SCHOOL BUS DRIVERS WHO ARE EMPLOYEES OF THE
  EUGENE WATER WORKS.

18
IS THIS AN APPROPRIATE BARGAINING UNIT?

• ALL SCHOOL SECRETARIES AND BUS DRIVERS WHO ARE
  EMPLOYEES OF THE EUGENE WATER WORKS.

19
CITY OF ALBANY/IAFF

• Article 1.1 Bargaining Agent
• This Agreement is entered into by the City of
  Albany, Oregon, hereafter referred to as the
  "City," and the Albany Fire Fighters, Local 845
  International Association of Fire Fighters,
  hereafter referred to as the "Union."
• The City recognizes the Albany Fire Fighters,
  Local 845, as the sole and exclusive bargaining
  agent for all employees in the bargaining unit
  excluding temporary, intermittent, supervisory,
  and confidential employees. It is agreed that
  both parties to this Agreement understand that
  they are both mutually responsible for
  enforcement of the Agreement and that when a
  violation of agreement occurs and either party is
  aware of the violation, although it may be a
  benefit to one party or the other, it must be
  addressed.

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CITY OF ASHLAND/IAFF

• SCOPE OF AGREEMENT
• This agreement shall apply to those employees of
  the Ashland Fire and Rescue Department, Ashland,
  Oregon, as listed in Appendix A but excluding
  Volunteer Firefighters, part-time employees,
  seasonal and temporary employees.
• Where the term employee is used, it shall mean
  regular employees or probationary employees
  within the bargaining unit, as the same are
  defined in Article XIV hereof.
• Part-time employee shall mean persons working a
  fraction of the normal working week or shift, but
  normally following a predetermined pattern of
  working hours.
• Seasonal employee shall mean persons working
  for summer employment, not exceeding four (4)
  consecutive months.
• Temporary employee shall mean persons appointed
  for a limited period of time, not to exceed one
  (1) year, e.g. college sleepers, or student
  firefighters.

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CITY OF ASHLAND/IAFF

• APPENDIX A
• CLASSIFICATIONS WITHIN THE BARGAINING UNIT
• Firefighter
• Fire Engineer
• Fire Captain

22
CITY OF BEND/IAFF

• The City recognizes the Association as the sole
  and exclusive bargaining agent for the following
  Fire Department employees with respect to wages,
  hours and other conditions of employment
• A. Fire Fighter
• B. Engineer
• C. Captain
• D. Fire Inspector I
• E. Fire Inspector II
• F. Paramedic
• Should new classifications be established by the
  City and added to this unit and/or should the
  Employment Relations Board order that new
  classifications be added to the unit, then the
  parties will meet and negotiate employment
  conditions for these newly added classifications.

23
Trustees of Columbia University 222 NLRB 309, 91
LRRM 1276 (1976)
24
COLUMBIA FACTS

• SOME OFF CAMPUS DEPARTMENTS AND BUILDINGS
• UNION WANTS TO REPRESENT 1000 CLERICAL EMPLOYEES
  AT MORNINGSIDE HEIGHTS
• UNIVERSITY WANTS A UNIT TO INCLUDE OFF SITE
  CLERICAL EMPLOYEES AND TECHNICAL EMPLOYEES AS WELL

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PARTICULARS OF THE DISPUTE

• CLERICAL EMPLOYEES OFF CAMPUS ARE LOCATED AT THE
  LAMONT-DOHERTY GEOLOGICAL OBSERVATORY, THE NEVIS
  LABORATORIES, AND THE TREASURER'S OFFICE AND
• TECHNICAL OR TECHNICAL- TYPE EMPLOYEES EMPLOYED
  THROUGHOUT THE UNIVERSITY.
• THERE ALSO IS A DISPUTE OVER THE MINIMUM NUMBER
  OF HOURS TO BE USED AS A CUTOFF FOR DETERMINING
  ELIGIBILITY FOR REGULAR PART -TIME EMPLOYEES.

26
THE BOARDS ROLE IN REP CASES

• IT IS NOT THE BOARD'S FUNCTION TO DETERMINE
  WHETHER A UNIT MIGHT BE THE MOST APPROPRIATE
  UNIT.
• THE BOARD'S ROLE IS TO DETERMINE WHETHER THE
  PETITIONED FOR UNIT CAN BE CONSIDERED APPROPRIATE
  FOR PURPOSES OF COLLECTIVE BARGAINING.

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FACTORS TO BE CONSIDERED

• similarity of pay and methods for computing pay
• similarity of benefits
• similarity of hours worked
• similarity of kind of work performed
• qualification, skills and training
• physical proximity and frequency of contact and
  transfers
• functional integration of the employers
  operations
• employers organizational structure regarding HR
• Bargaining history, if any
• employee wishes

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APPLICATION OF STANDARDS

• ALL OF THE EMPLOYEES OF THE UNIVERSITY ARE HIRED
  THROUGH A CENTRALIZED PERSONNEL OFFICE LOCATED ON
  THE MAIN CAMPUS.
• THE ULTIMATE DECISION TO HIRE A PARTICULAR
  INDIVIDUAL, HOWEVER, IS IN ALL CASES MADE BY THE
  DEPARTMENT OR FACILITY WITH THE VACANCY.
• IT IS UNUSUAL FOR EMPLOYEES TO TRANSFER BETWEEN
  DEPARTMENTS.
• THERE IS A CENTRALIZED WAGE AND SALARY STRUCTURE
  
• ONE SCHEDULE COVERS CLERICAL EMPLOYEES,
• AND A SEPARATE SCHEDULE KNOWN AS THE "R" OR
  RESEARCH SCHEDULE COVERS TECHNICAL EMPLOYEES.
• ALL SUPPORTING STAFF EMPLOYEES OF THE UNIVERSITY
  ARE GOVERNED BY THE SAME PERSONNEL POLICIES AND
  SHARE COMMON BENEFITS.

29
NEVIS FACILITY

• LOCATED AT IRVINGTON, NEW YORK, APPROXIMATELY 15
  MILES NORTH OF COLUMBIA'S MAIN CAMPUS
• 150 EMPLOYEES AT NEVIS, THERE ARE APPROXIMATELY
  60 TECHNICIANS AND 12 CLERICAL EMPLOYEES.
• DOES ITS OWN RECRUITING AND HAS ITS OWN PERSONNEL
  OFFICER AND PURCHASING PERSONNEL.
• COMPLIES WITH ALL GENERAL UNIVERSITY WIDE
  POLICIES
• NO DAY-TO-DAY DIRECTION OF NEVIS OPERATION AND
  AFFAIRS BY THE FACULTY AND ADMINISTRATION AT THE
  MORNINGSIDE HEIGHTS CAMPUS

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Lamont-Doherty Geological

• LAMONT IS IN PALISADES, NEW YORK, APPROXIMATELY
  15 MILES FROM COLUMBIA'S MAIN CAMPUS.
• RESEARCH PROJECTS ARE FINANCED BY APPROXIMATELY
  8 MILLION IN FEDERAL GOVERNMENT FUNDS, PRIMARILY
  FROM THE NATIONAL SCIENCE FOUNDATION, AND BY
  APPROXIMATELY 1.5 MILLION IN PRIVATE FUNDS.
• A RELATIVELY SMALL PORTION OF LAMONT'S FUNDS ARE
  PROVIDED FROM THE UNIVERSITY'S GENERAL FUNDS.
• LAMONT EMPLOYS 100 TO 125 CLERICAL EMPLOYEES.
• APPROXIMATELY TWO-THIRDS OF THESE CLERICAL
  EMPLOYEES ARE FINANCED BY FUNDS PROVIDED BY
  FEDERAL GOVERNMENT CONTRACTS.
• THERE IS NO SHOWING OF DAY-TO-DAY DIRECTION BY
  THE FACULTY AND ADMINISTRATION AT THE MORNINGSIDE
  HEIGHTS CAMPUS.

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The Treasurer's Office

• LOCATED IN NEW YORK CITY, APPROXIMATELY 10 MILES
  FROM COLUMBIA'S MAIN CAMPUS.
• ALL EMPLOYEES OF THE TREASURER'S OFFICE RECEIVE
  THE SAME WAGE SCALES AND BENEFITS AND ARE
  GOVERNED BY THE SAME PERSONNEL POLICIES AS OTHER
  EMPLOYEES OF THE UNIVERSITY.
• THERE HAVE BEEN BOTH TEMPORARY AND PERMANENT
  TRANSFERS BETWEEN THE MAIN OFFICE LOCATED ON
  MAIDEN LANE AND THE TWO HOUSING OFFICES LOCATED
  ON THE MAIN CAMPUS.
• THE EMPLOYEES OF THE TREASURER'S OFFICE HAVE
  NUMEROUS CONTACTS WITH THE MAIN CAMPUS, INCLUDING
  SOME INTERCHANGE AND INTERLOCKING SUPERVISION,
  AND THAT THE TREASURER'S OFFICE IS GEOGRAPHICALLY
  PART OF THE SAME URBAN AREA.

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The Technical Employees

• THERE ARE 300 TO 350 TECHNICIANS
• FOR EXAMPLE IN THE CHEMISTRY DEPARTMENT, EACH IS
  ENGAGED IN A RESEARCH PROJECT UNDER THE DIRECTION
  OF A PROFESSOR WHO IS REFERRED TO AS A PRINCIPAL
  INVESTIGATOR.
• THE PRINCIPAL INVESTIGATOR DIRECTS THE WORK OF
  RESEARCH ASSOCIATES, GRADUATE STUDENTS, AND
  TECHNICIANS.
• HE ALSO GENERALLY HAS A SECRETARY, BUT RELIES ON
  THE DEPARTMENTAL OFFICE FOR ADDITIONAL CLERICAL
  SUPPORT.

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CLERICAL V. TECHNICAL

• THE CLERICALS WHETHER ASSIGNED TO THE
  DEPARTMENTAL OFFICE OR INDIVIDUAL RESEARCH
  PROJECTS PERFORM TYPICAL CLERICAL WORK.
• BOTH CLERICALS AND TECHS WORK A REGULAR 9-TO-5
  SHIFT,
• BUT THE TECHNICAL EMPLOYEES ASSIGNED TO
  INDIVIDUAL RESEARCH PROJECTS VARY THEIR HOURS TO
  ACCOMMODATE THE NEEDS OF THE RESEARCH.
• THERE IS NO INTERCHANGE OF TECHNICAL AND CLERICAL
  EMPLOYEES
• ALL CLERICAL EMPLOYEES ARE ON ONE PAY SCHEDULE
  AND ALL TECHNICAL EMPLOYEES ARE ON A SEPARATE PAY
  SCHEDULE

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CLERICAL V. TECHS

• The job functions of the technical employees are
  of a highly specialized nature and in many cases
  they exercise the type of skill and judgment
  required of professional employees.
• Because of the nature of their duties, the
  technical employees work in close conjunction
  with professional employees and the clerical
  employees appear to be merely supportive of this
  function.
• Although technical employees and the clerical
  employees share common benefits, they are
  governed by separate pay schedules.
• Accordingly the technical employees have
  interests sufficiently different to allow their
  exclusion from the unit of clerical employees.

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PittsburghPlate Glass Company

• US SUPREME COURT
• Justice Reed

36
FACTS

• THERE ARE SIX PLANTS LOCATED IN FIVE DIFFERENT
  STATES
• FORD CITY, PENNSYLVANIA CREIGHTON, PENNSYLVANIA
  MOUNT VERNON, OHIO CLARKSBURG, WEST VIRGINIA
  HENRYETTA, OKLAHOMA CRYSTAL CITY, MISSOURI.
• THERE ARE ABOUT 6,500.
• THE CRYSTAL CITY PLANT HAS 1,600,
• THERE ARE SLIGHTLY LARGER PLANTS AT FORD CITY AND
  CREIGHTON
• THE REMAINING THREE TOGETHER EMPLOY ONLY ABOUT
  1,000.
• THE FEDERATION OF FLAT GLASS WORKERS HAS A
  MAJORITY AT EACH PLANT EXCEPT CRYSTAL CITY.
• THE FEDERATIONS POSITION IS THAT THE ENTIRE
  DIVISION SHOULD BE A SINGLE BARGAINING UNIT.
• THE CRYSTAL CITY UNION, WHICH CLAIMS A MAJORITY
  AT THAT PLANT, AND THE COMPANY BOTH CONTEND THAT
  THE CIRCUMSTANCES OF THIS CASE REQUIRE CRYSTAL
  CITY TO BE SEPARATED FROM THE REST OF THE
  DIVISION FOR THE PURPOSE OF FIXING THE UNIT.

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THE COMPANY UNION

• IN THE PAST THE CRYSTAL CITY UNION WAS FOUND TO
  BE A COMPANY UNION

38
THE TESTS TO BE APPLIED

• (1) THE HISTORY, EXTENT, AND TYPE OF ORGANIZATION
  OF THE EMPLOYEES
• (2) THE HISTORY OF THEIR COLLECTIVE BARGAINING,
  INCLUDING ANY CONTRACTS
• (3) THE HISTORY, EXTENT, AND TYPE OF
  ORGANIZATION, AND THE COLLECTIVE BARGAINING, OF
  EMPLOYEES OF OTHER EMPLOYERS IN THE SAME
  INDUSTRY
• (4) THE RELATIONSHIP BETWEEN ANY PROPOSED UNIT OR
  UNITS AND THE EMPLOYER'S ORGANIZATION,
  MANAGEMENT, AND OPERATION OF HIS BUSINESS,
  INCLUDING THE GEOGRAPHICAL LOCATION OF THE
  VARIOUS PLANTS OR PARTS OF THE SYSTEM
• AND (5) THE SKILL, WAGES, WORKING CONDITIONS, AND
  WORK OF THE EMPLOYEES.

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REVIEW OF UC DETERMINATIONS

• THERE IS NO REVIEW OF UNIT DETERMINATIONS OF THE
  BOARD
• HERE THE COMPANY SEEKS REVIEW ONLY IN THE CONTEXT
  OF THE ULP
• THEY ARGUE
• (1) that the procedure denied due process of law,
  
• (2) that there was no substantial evidence to
  justify the ruling, and
• (3) that the authority granted the Board is an
  unconstitutional delegation of legislative power.

40
HOLDING

• THE AVAILABILITY OF A WORKERS' ORGANIZATION FOR
  PURPOSES OF REPRESENTATION IS NOT IN ITSELF
  DECISIVE IN DETERMINING THE APPROPRIATE
  BARGAINING UNIT.
• THE WISHES OF EMPLOYEES ARE A FACTOR IN A BOARD
  CONCLUSION UPON A UNIT.
• A COMPANY WIDE UNIT WAS UPHELD

41
Globe Doctrine

• GLOBE DOCTRINE 3 NLRB 294, 1-A LRRM 294 (1937)
• PITTSBURG PLATE GLASS CO. V. NLRB 313 US 146, 8
  LRRM425 (1941).
• EXTENT OF UNION ORGANIZATION ELSEWHERE IN COMPANY
• 9 (C) (5) HOWEVER, IN DETERMINING WHETHER A UNIT
  IS APPROPRIATETHE EXTENT TO WHICH THE EMPLOYEES
  HAVE ORGANIZED SHALL NOT BE CONTROLLING

42
Frischs Big Boy, 147 NLRB 551, 56 LRRM 1246
(1964)

• THE BOARD HAS ASSERTED THE PRESUMPTIVE
  APPROPRIATENESS OF THE SINGLE-LOCATION UNIT.

43
FACTS

• BIG BOY CONTENDS THAT THE SINGLE RESTAURANT UNIT
  SOUGHT BY THE UNION IS NOT APPROPRIATE FOR
  BARGAINING.
• BIG BOY ASSERTS THAT THE ONLY APPROPRIATE UNIT
  SHOULD INCLUDE ALL 10 OF ITS RESTAURANTS WHICH IT
  OWNS AND OPERATES IN INDIANAPOLIS.

44
MULTI-LOCATION UNITS

• DETERMINATION WILL BE AD-HOC
• HERE THE FRANCHISE AGREEMENT,
• PERMITS THE EMPLOYER TO USE THE NAME "FRISCH'S"
  IN ITS BUSINESS
• REQUIRES THAT MENUS,
• UNIFORMS,
• MARKED PAPER GOODS,
• AND SOME FOOD ITEMS BE PURCHASED FROM A
  COMMISSARY OPERATED BY THE FRANCHISING COMPANY.
• OTHER FOOD PRODUCTS--MEAT, BREAD, AND
  PRODUCE--ARE PURCHASED DIRECTLY FROM THE SUPPLIER
  BY EACH RESTAURANT MANAGER.
• THE RECEIPTS FOR THESE PURCHASES ARE SENT TO THE
  EMPLOYER'S GENERAL OFFICE, WHERE PAYROLLS,
  ACCOUNTS, AND OTHER RECORDS ARE MAINTAINED
  SEPARATELY FOR EACH RESTAURANT BY TWO CLERICAL
  EMPLOYEES.

45
OTHER FACTS

• 282 EMPLOYEES IN THE 10 RESTAURANTS LOCATED IN
  INDIANAPOLIS, VARYING FROM 12 EMPLOYEES AT THE
  SMALLEST RESTAURANT TO 48 AT THE ONE SOUGHT BY
  THE PETITIONER.
• EMPLOYEES ARE TEMPORARILY TRANSFERRED OR LOANED
  AMONG THE RESTAURANTS AS BUSINESS NEEDS REQUIRE,
  SUCH TRANSFERS APPEAR TO BE MINIMAL.

46
SUPERVISION

• FOUR AREA SUPERVISORS CHECK ON STORES
• INDIVIDUAL STORE MANAGERS ARE RESPONSIBLE

47
HOLDING

• THERE WAS A SUBSTANTIAL DEGREE OF AUTONOMY AT
  EACH RESTAURANT, REFLECTED IN THE CONTROL EACH
  MANAGER EXERCISES
• IN THE DAY-TO-DAY OPERATION OF HIS ESTABLISHMENT
  THERE IS MINIMAL INTERCHANGE OF EMPLOYEES
• THERE IS AN ABSENCE OF ANY BARGAINING HISTORY
• NO LABOR ORGANIZATION IS SEEKING A LARGER UNIT
• THE BOARD IS SATISFIED THAT THE REQUESTED
  SINGLE-RESTAURANT UNIT CONSTITUTES AN APPROPRIATE
  UNIT WHICH WILL "ASSURE TO EMPLOYEES THE FULLEST
  FREEDOM IN EXERCISING THE RIGHTS GUARANTEED BY
  THE ACT."

48
LINN-BENTON-LINCOLN EDUCATION ASSOCIATION, V.
LINN-BENTON-LINCOLN EDUCATION SERVICE DISTRICT

• ERB
• SEPTEMBER 20. 2002

49
WHAT DID THE UNION WANT TO DO?

• ACCRETE NEW MEMBERS
• IN THE CLASSIFICATION OF FAMILY SUPPORT LIAISON

50
QUESTION BEFORE ERB

• IS IT APPROPRIATE TO ADD EMPLOYEES IN THE LIAISON
  CLASSIFICATION TO THE ASSOCIATION'S BARGAINING
  UNIT, SUBJECT TO THE RESULTS OF A
  SELF-DETERMINATION ELECTION?
• WHAT IS A SELF DETERMINATION ELECTION?

51
WHAT OF THE EMPLOYER OBJECTION ON THE BASIS OF
TIMELINES?

• CONTRACT BARS
• WHAT ARE THEY?
• WHY DO THEY EXIST?

52
WHAT IS THE EXISTING BARGAINING UNIT?

• 100-120 EMPLOYEES
• "WHOSE JOB REQUIRES LICENSURE BY TEACHER
  STANDARDS PRACTICES COMMISSION TSPC OR A
  STATE OF OREGON LICENSING BOARD OR AN APPROPRIATE
  LICENSE AND DEGREE, AS REQUIRED BY THE OREGON
  DEPARTMENT OF EDUCATION."

53
WHO IS NOT IN THE BARGAINING UNIT?

• SUBSTITUTE
• TEMPORARY
• CERTAIN PART-TIME
• ADMINISTRATIVE
• SUPERVISORY
• CONFIDENTIAL
• CLASSIFIED EMPLOYEES

54
WHAT DO THE FAMILY SERVICES CONSULTANTS DO?

• PROVIDE PROFESSIONAL COUNSELING FOR YOUTHS AND
  FAMILIES
• FOR CHILDREN DEMONSTRATING RISK BEHAVIORS
• FOR FAMILIES EXPERIENCE MULTIPLE STRESSES
• THEY DO DIAGNOSTIC SERVICES AND COUNSELING PLANS

55
WHAT EDUCATION AND QUALIFICATIONS AND PAY RATE?

• MSW OR EQUIVALENT
• COUNSELING LICENSE
• PRIOR CLINICAL SERVICES EXPERIENCE
• PAYS 30-50K

56
WHAT ABOUT THE LIAISONS?

• THEY DO CASE MANAGEMENT
• COORDINATION OF SERVICES
• SOME TRAINING
• THEY MAY REFER YOUTHS TO A CONSULTANT OR
  APPROPRIATE MENTAL HEALTH AGENCY
• THEY DEVELOP PLANS

57
QUALIFICATIONS FOR A LIAISON?

• NO LICENSE NEEDED
• BUT A BA IN COUNSELING, SOCIAL WORK, OR OTHER
  HUMAN SERVICES PROFESSIONS IS NEEDED
• SOME EXPERIENCE WORKING WITH YOUTH IS ALSO NEEDED-

58
HOW MANY LIAISONS ARE THEY AND WHAT ARE THEY PAID?

• THERE ARE 5
• THEY ARE PAID 26-36K

59
INTERACTION BETWEEN LIAISONS AND CONSULTANTS

• LIAISON WORK WAS PREVIOUSLY PERFORMED BY THE
  CONSULTANTS
• WORK OVERLAPS OCCASIONALLY
• ONLY OCCASIONALLY WILL THEY WORK AS A TEAM
• CONSULTANTS CAN DO LIAISON WORK, BUT NOT VISA
  VERSA

60
DEGREE OF POSITION INTERCHANGE

• LIAISONS CAN BECOME PROMOTED TO CONSULTANTS IF
  THEY HAVE THE BACKGROUND QUALIFICATIONS

61
ESD POSITION

• THERE IS NO COMMUNITY OF INTEREST

62
COMMUNITY OF INTEREST STANDARDS

• SIMILARITY OF DUTIES
• SIMILARITY OF SKILLS REQUIRED
• BENEFITS RECEIVED
• TRANSFER OF EMPLOYEES
• INTERACTION OF POSITIONS
• PROMOTIONAL LADDERS
• COMMON SUPERVISION

63
OTHER FACTORS TO BE CONSIDERED

• WAGES
• HOURS
• WORKING CONDITIONS
• HISTORY OF BARGAINING
• DESIRES OF EMPLOYEES

64
WHAT OF THE CONCERN ABOUT ACADEMIC TRAINING?

• LEGISLATIVE CHANGES MADE MIXED CLASSIFIED AND
  CERTIFIED GROUPS INAPPROPRIATE
• COURT OF APPEALS REQUIRES THAT A SIMILAR ACADEMIC
  TRAINING BE REQUIRED FOR PEOPLE IN THE SAME
  BARGAINING UNIT IN EDUCATIONAL UNITS.