Union Leader HandBook.indd
Transcription
Union Leader HandBook.indd
Union Leader Handbook Fall 2014 Edition Table of Contents Who and What is PSE? Welcome PSE Leaders............................................... 2 What is PSE?.............................................................. 4 Governance and Organizational Structure Who is PSE?............................................................... 3 PSE’s Goals................................................................ 5 Organizational Structure............................................. 6 Governance Structure................................................. 7 State Committees & Councils........................................8 Zone Map.................................................................... 9 Leadership State Committees..................................................... 10 PSE Staff Contacts................................................... 12 Oath of Office............................................................ 15 Committee Chairs..................................................... 16 PSE Leadership........................................................ 11 Chapter Leadership Positions.............................. 13-14 Meeting New Members............................................. 16 Field Representatives............................................... 17 Training Opportunities.................................................17 Connecting Through Social Media........................................ 18 Member Tools........................................................... 18 Union Member Rights Grievances................................................................ 19 Duty of Fair Representation...................................... 20 Programs, Benefits & Events Weingarten Rights.................................................... 19 Labor Management Meetings................................... 21 Agency Fee Payers & Objectors............................................22 PSE Benefits & Programs....................................22-23 PSE Events............................................................... 24 Political Action.......................................................... 24 1 Welcome PSE Leaders PSE is pleased to provide our vital leaders this handbook. This handbook is intended to provide a brief overview of leadership issues, information on labor relations, as well as the resources that PSE offers its chapter leaders and officers. If you have a question, do not hesitate to ask your field representative, regional secretary, or any of our staff in the different departments at the state office. PSE wants you to learn, grow, and become an active part of the largest union that proudly represents classified employees in Washington state. PSE hopes you will find this handbook a valuable tool that will assist you in the successful operation of your chapter. This book belongs to PSE leader, 2 Who and what is PSE? PSE is YOU and your coworkers! 3 What is PSE? PSE employs a staff led by an Executive Director who manages the overall operations. Professionals work on behalf of our members in the areas of collective bargaining, legal issues, government relations, membership services, fiscal services, communications, chapter organizing, and union education and training. Public School Employees of Washington (PSE) is the largest labor organization in Washington, serving classified and exempt school and higher education employees exclusively. PSE represents employees in K-12 schools, private employers, and higher education. Members include more than 26,000 classified employees who work in jobs such as instruction and education assistants, custodial, maintenance, nutrition services, office and clerical, transportation, security, and professional and technical classifications. PSE was founded in 1948 and in January 1967, when public employees were given the right to unionize, PSE was incorporated as a labor organization under the internal revenue code. In December 2005, PSE affiliated with the Service Employee International Union (SEIU Local 1948). The PSE Executive Board members: President, VicePresident, Secretary, and Treasurer are elected by chapter delegates who attend annual convention. Zone directors are elected by delegates from their zones who attend the annual convention. Bylaws, adopted by the elected delegates who attend our annual convention, govern our organization. Your chapter is governed by its own chapter bylaws. Your contract with the employer is negotiated by members of your group in consultation with your PSE field representative. What do unions stand for? Dignity Power Protection The presence of a union means that workers must be treated fairly and with respect. They have the right to be consulted and have a voice in the determination of wages, hours and working conditions. If we stand together, we have enough collective power to make a difference. An individual worker has little power, almost no way to improve his or her benefits or working conditions. A union stands for equality and strength among workers: A united voice in the workplace. With a union, there is someone to stand up for you and your rights. With a union, there is a system of law and due process at the workplace. With a union, if you are disciplined or discharged, you have the right to a fair hearing and representation every step of the way. Differences between Union and Non-Union Union Non-Union • You have a voice in wages, benefits and working • Management gives you what they want to give you • Management can change wages, benefits etc. • • • • conditions Your wages, benefits, etc. are protected by a legal contract If you are disciplined, management must follow the negotiated process If you are disciplined for something you didn’t do, the union will defend you If you do a good job and are in line for a promotion, you’ll get it whenever they want • If you are disciplined your rights may be limited • If you are disciplined for something you didn’t do, you’re on your own • Promotions may depend on whether your supervisor likes you or not • Management doesn’t have to listen to you 4 PSE’s Goals Public School Employees of Washington and its members have weathered the economic storm of the past several years. It was a painful time for many in our union – with job cuts, reductions of work hours, and increased costs for everyone. Fortunately, our most difficult days are behind us. It’s now time to put our collective resources together and build the strongest future possible for all education employees and also for our union! In this spirit, the PSE Board of Directors began discussions around a three-year strategic plan in October 2013. What they drafted is the most ambitious, forward-looking plan in our union’s history. PSE has five overall goals; they are: l a n o i t a z i n a a ls g r O Go 5 How is PSE Organized? More than 27,000 education professionals make up PSE. Organizing and uniting that many education professionals is no easy task, but here’s how PSE does it. PSE Bylaws Determines the roles and responsibilities of the Board of Directors and Executive Director. Board of Directors Governs the union, sets policy, establishes goals, and directs the Executive Director. Executive Board The President, Vice President, Secretary, and Treasurer direct the Executive Director with approval from the Board of Directors. Executive Director Responsible for the management and operation of the union. PSE Staff Responsible for member service. 6 Governance Structure Chapter members elect Convention Delegates All delegates elect Zone delegates elect Executive Board (2 year term) Zone Directors Chapter Leaders Zone Council (Even numbered zones elected in even years, and odd numbered zones elected in odd years.) State Board of Directors (Executive Board and Zone Directors) Recall panel member Legislative council member Membership committee rep State grievance panel -Sets policies and goals -Fiduciary control -Long range planning -Employ Executive Director -Chair state committees Conducts zone business Chapter President Chapter: president, vice president, secretary, treasurer, and other leaders Conducts chapter business 7 State Committees & Legislative Council Membership Committee Members elected by zones. Chair appointed by State President. Policy Review Committee State Vice President is chair. Committee appointed by Vice President. Financial Review Committee State Treasurer is chair. Committee appointed by State Treasurer. Legislative Council Members elected by zones. Chair appointed by State President. Betty Rankin Sponsorship Committee Fund overseen by Presidential Appointee. Nominating Committee Chair elected by committee. Committee approved by Board of Directors. State Grievance Panel Members elected by Zones. Chair appointed by State President. State President The chairs below are appointed by State President in collaboration and with approval of the executive board. Members appointed by the committee chair. Convention and Subcommittees Elections Sergeants-At-Arms Ad Hoc Committee(s) Awards Bylaws and Resolutions Sponsorship Welcome Education & Training Emergency Relief Scholarship 8 PSE Zones 8 11 9 12 10 6 2 7 Spokane 3 Auburn 4 5 Tri-Cities 1 Vancouver *Zone 13 is statewide, and is made up of all higher education chapters Vancouver Zone 1 Director: BJ Colvin Zone 2 Director: Charlotte Shindler Zone 3 Director: Judy Madewell Zone 4 Director: Emma LaVallie Zone 5 Director: Edy Lanphere Zone 6 Director: Annie Copeland Zone 7 Director: Pam Stevenson Zone 8 Director: Michelle Childs Zone 9 Director: Jacque Meddles Zone 10 Director: Deb Lewin Zone 11 Director: Judy York Zone 12 Director: David Douglass Zone 13 Director: Tom Krabbenhoft 9 This page was last updated September 2014 State Committees PSE provides multiple opportunities for members to be involved in the union at the state level through participation in state committees. These vital committees provide leadership in multiple facets of PSE from member outreach to bylaw review and creation. Members may sign up to serve on a committee at convention or through the PSE website. A link will be posted online from July to September of each year. Members who sign up to serve on a committee will be contacted by the committee chairs in September or October. Sign up here: http://pse.seiu.org/page/s/state-committee-sign-up-2014-15 The 10 Non-Elected State Committees are: • Awards • Bylaws and Resolutions • Convention • Education and Training • Elections • Emergency Relief • • • • Awards The awards committee shall, with board approval, create award categories, define the requirements, determine the selection process and identify deserving recipients for official awards sanctioned by PSE. Nominations for honorary awards to legislators who have supported PSE’s platform shall be made by the Legislative Council and submitted to the board of directors for approval. improve the skills, professionalism and leadership abilities of classified employees. Scholarship Scholarship Committee shall identify deserving recipients and award PSE scholarships to PSE dependents to encourage and support today’s youth and to PSE members to provide assistance with professional development. Bylaws and Resolutions Bylaws and Resolutions Committee shall receive, analyze, and recommend a position to the board of directors on all proposed bylaws and resolutions (except Awards Resolutions) to be presented for consideration to the delegates at the annual PSE convention. In addition, the committee is to conduct an annual review of the current bylaws. Based on that review, they may make housekeeping changes with board approval and may prepare proposals to be presented to the delegates at the annual PSE convention. Elections Elections Committee shall ensure that fair, impartial elections for PSE state officers and international delegates are conducted in accordance of the bylaws. Emergency Relief Emergency Relief Committee shall provide emergency assistance to members in need due to catastrophic illness or disaster through the PSE Emergency Relief Program. Nominating Nominating Committee shall ensure that one or more candidates are nominated for each office and open international delegate position and that all candidates are treated fairly and equitably. Convention Committee Convention Committee and each of its subcommittees shall coordinate a quality, cost effective annual PSE convention. Education and Training The Committee shall promote quality, affordable training that will 10 Nominating Scholarship Sergeants-At-Arms Welcome Sergeants-At-Arms The Sergeant-At-Arms Committee is responsible for ensuring that delegates who serve as SergeantsAt-Arms and that those delegates so serving preserve peace and decorum during convention business sessions and ensures that business is conducted appropriately. Welcome Welcome committee shall greet and assist delegates and guests at the annual PSE convention to create a friendly, positive atmosphere. PSE Leadership Executive Board Reen Doser President Vice President BC Craig State Secretary Deborah Nutt Treasurer Donna Foley Zone Directors Zone 1 Director BJ Colvin Zone 2 Director Charlotte Shindler Zone 3 Director Judy Madewell Zone 4 Director Emma LaVallie Zone 5 Director Edy Lanphere Zone 6 Director Annie Copeland Zone 7 Director Pam Stevenson Zone 8 Director Michelle Childs Zone 9 Director Jacque Meddles Zone 10 Director Deb Lewin Zone 11 Director Judy York 11 Zone 12 Director Dave Douglass Zone 13 Director Tom Krabbenhoft This page was last updated November 2014 PSE’s Staff Contacts PSE’s vibrant and dedicated staff strive to provide consistent and quality service to classified employees just like you every day. If you have a question, PSE’s staff is there to answer it. PSE relies on its staff’s diligent daily work to keep the union strong for its members. Executive Legal George Dockins Executive Director 253-876-7411 Elyse Maffeo General Counsel 253-876-7447 Rick Chisa Assistant Executive Director 253-876-7423 Jason Mackay Assistant General Counsel 509-484-2514 Vicky Ransom Executive Assistant 253-876-7411 Lenda Johnson Legal Secretary 253-876-7447 Administration Organizing Terri Wells Field Representative 509-484-2511 Shannon Sehlin Organizing Lead 253-876-7449 Janan Wood Accounting Manager 253-876-7443 Rey Trevino Organizer 253-876-7452 Kathy Stewart Office Manager/Accounts Payable 253-876-7418 Charmaine Abram Accounting Technician 253-876-7424 Nicki Lenssen Organizing Assistant 253-876-7451 Pat Zelenak Printer Specialist 253-876-7419 Auburn Regional Contacts Jessica Shillander Membership/New Media Manager 253-876-7417 Travis Tingvall Communications Coordinator 253-876-7440 Chelsie Harper Membership Data Technician 253-876-7416 Kathleen Brown Membership/New Media Assistant 253-876-7421 Vena Gonzalez Membership/New Media Assistant 253-876-7420 Government Relations Doug Nelson Government Relations Director 253-876-7428 Ed Wolf Field Representative 253-876-7434 Spokane Regional Contacts Robin Avery Information Technology Manager 253-876-7415 Membership, Communications and New Media Jay Webster Field Representative 360-479-3511 Andy Wiesenfeld Field Representative 253-876-7433 Rosemary Trowbridge Field Representative 509-989-5572 Sherri Osborne Organizing Assistant 253-876-7453 Tyler Skillings Field Services Manager 253-876-7438 Janell Silves Field Representative 509-689-0610 Kasmir Zaratkiewicz Field Representative 509-484-2515 Tri-Cities Regional Contacts Darlene Cowden Regional Secretary 509-735-8781 Pam Trudeau Regional Secretary 253-876-7430 Stacey NaVarre Field Services Manager 509-735-8784 Mark Belzowski Field Service Assistant 253-876-7437 Tim Busch Field Representative 360-755-3295 Cecily Hutton Field Representative 509-735-8786 Barbara Johnson Field Representative 253-876-7436 Judy Lumm Field Representative 509-735-8783 Dave Fleming Field Representative 360-456-5044 Dan Peterson Field Representative 360-734-3841 Michael Ruiz Field Representative 425-306-5654 Lee Thoren Field Representative 253-876-7432 12 Laurye Schmidt Field Representative 509-735-8785 Vancouver Regional Contacts Debbie Asby Field Representative 360-256-2143 Indra Burcella Field Representative 360-256-2144 Cori Hyke Field Representative 360-256-2147 This page was last updated November 2014 Chapter Leadership Positions Chapter President Chapter Vice President Secretary The chapter president is the leader of the chapter. You should not confuse this with “being the boss.” The chapter president is the one who guides the chapter. Duties of the office of the president are: The chapter vice president is second in command and assists the chapter president in many ways. The duties of the office of the vice president are: The secretary of the chapter is the official note taker as well as the keeper of the chapter files. The secretary is the historian who keeps records and important documents that show the growth, strength, and evolution of the chapter. The duties of the office of secretary are as follows: • Works in accordance with the chapter bylaws. • Executes documents on behalf of the chapter. • Presides over all meetings of the local chapter and executive board. • Primary contact with management. Directs and delegates to other chapter leaders. • Reports progress and status to chapter membership. Appoints committees (see section on how to appoint committees). • Involved in or initiates internal organizing as appropriate. • Serves on chapter executive board. • Serves on the zone council. • Acts for the chapter president in his or her absence. • Provides assistance to the chapter president as needed or requested. • Usually the chair of the grievance committee. • Serves as member of the local executive board. • After consultation with the chapter president, he or she initiates, chairs, or oversees new committees. • Recruits new members as coordinated with membership officer. • Performs other functions as designated by the chapter president or executive board. Treasurer Grievance Officer The treasurer is the financial guru and ensures that the chapter funds are safeguarded at all times. The duties of the office of the treasurer are: The grievance officer can be a time intensive and high energy role. For some chapters, the duties of this office are performed by the chapter vice president. For others, a grievance officer is a stand-alone position. The duties of the office of the grievance officer are: • Maintains all financial records, including bank deposits, withdrawals etc. • Provides financial reports to chapter members. • Serves on the chapter executive board. • Signs checks. Two signatures must be on all checks written by the chapter. • Each October files the annual chapter report. Forms are found on the PSE website under the For Leaders tab. • Performs other functions as designated by the chapter president or executive board. • Keeps all official records pertaining to grievances. • Keeps grievant informed of all aspects of their grievance. • Works with grievant to ensure grievant understands and participates in the process. • Works closely with the field representative to ensure time lines are maintained, documents are completed and distributed appropriately. • Attends grievance and investigatory meetings with the field representative or the grievant. • Performs other functions as designated by the chapter president or executive board. 13 • Records the official notes of all meetings, including bargaining and labor management, as appropriate. • Gathers and preserves history of the chapter. • Certifies elections. • Handles incoming and outgoing correspondence. • Distributes information as directed by the chapter president or executive board. • Serves on the chapter executive board. • Performs other functions as designated by the chapter president or executive board. Chapter Leadership Positions Membership Officer The membership officer is responsible for coordinating with the employer and the PSE regional secretary to ensure that the membership list of the chapter is up to date. This position is the communication link between new employees and the chapter. The role of the membership officer is to: • Work with the PSE regional secretary to maintain a current and accurate list of chapter members. • Ensure that all members complete a bargaining card. • Ensure that all members are current in dues. • Provide periodic membership reports to PSE regional or state offices. • Performs other functions as designated by the chapter president or executive board. • May serve as a member of the local executive board. Building Representative This critical position is the communication link to the members. Building representatives ensure that information is disseminated to the members on a regular basis. They bring the issues of the members to the executive board for discussion and resolution. These critical roles are the foot soldiers of the union. The role of the building representative is to: • Assist in forwarding information to members. • Assist in grievances. • Keep officers informed and updated on issues, events, and concerns of the chapter’s members. • Serve on committees as appointed. • Attends grievance meetings, as appropriate. • Performs other functions as designated by the chapter president or executive board. 14 Chapter Leadership Positions Oath of Office “I pledge to faithfully observe the Bylaws and Constitution of both the ____________________________, Chapter as well as of PSE/SEIU Local 1948 and to work to the best of my ability to provide effective and responsible leadership and representation to the members. “I pledge to act with integrity and not engage in conduct or performance which is contrary to the good order, welfare, or legitimate interests of my chapter or of PSE. Further, I pledge to defend the principles of trade unionism and to work to improve the lives of working people. “I swear under oath that I will protect and defend the rights of every member of the Chapter of PSE and fairly represent their interests, needs and legal rights.” 15 Meeting New Members Make sure you have someone assigned specifically to meet new members. Check your bylaws as this typically is the membership officer’s responsibility. Make sure the new member’s first communication about the union is from the union and not from management. If you want members to be supportive of the union – then you need to sell the union! Never promise something you can’t deliver. Follow through on promises. Personally invite new members to the next chapter meeting. Check with your employer about having a union representative involved in the new employee orientation meeting. they are the union. • Keep the members informed of all actions being undertaken by the union. • Don’t pass up opportunities to get members to rally around actions. • Remember to spread good news as well – get on the school board agenda to hand out scholarships, let members know when we’ve won a big arbitration. Remember, chances are the first thing new members have ever heard about the union came from management. Go out to meet your new members, welcome them, make them feel part of the community, and educate them. Retention of members is one of the most important functions you will perform as a chapter leader. Remember that as a recognized leader in your chapter you are the primary link to the rest of the organization. • Communicate with membership to keep them excited and involved. • Remind members about our union’s history, and how far we’ve come. • Distribute information and remind them the union is a democracy. • Remind the membership that Committee Chairs Appointments to any committee should be governed by the chapter bylaws. Committees are typically formed in order to facilitate decisions of the executive board. There are generally two types of committees: The following should be evaluated when considering the chairperson of any committee: 1. Standing committees – These usually consist of an election committee, sunshine committee, and a variety of others. These committees typically continue year to year. 2. Special or ad hoc committees – These committees are usually formed to accomplish a one-time goal or task. 16 • Communication skills: A committee chair should be able to motivate and lead committee members in the goal of completing the committee’s tasks. A chair must be comfortable communicating with committee members, members at large, and any other group as appropriate. • Willingness to listen: A committee chair should be open-minded and encourage the exchange of ideas and thoughts among committee members. As chair, you should study and understand the dynamics of the committee you lead, recognizing that every member has a unique background and experiences, and will bring diversity to the group. • Participation: The chair should be knowledgeable of the subject the committee is charged with addressing. The ability to delegate will be necessary for any committee chair. • Leadership: The committee chair needs to lead the committee to the successful completion of their assigned tasks. This requires dedication, patience and the ability to recognize your own limitations by helping your committee become a team. PSE Field Representative PSE field representatives are professionals who negotiate, administer, and enforce contracts for chapters. The field representative provides knowledgeable advice at meetings, counsel on grievances and is your chief resource during negotiations. As chapter leaders, you can expect the field representative to work directly with your local chapter to deliver quality service in the following areas: • Collective bargaining, sometimes called contract negotiations • Chapter bylaws • Grievances, job-related issues, disciplinary matters • Salary research recommendations • Contract interpretation • Enforcement of the collective bargaining agreements Interacting with your field representative • • • • • Each field representative has his or her own unique style. They should be judged on their skill, ability, and representation. Communication is the key – if you have an issue with your field representative – talk to them. Field representatives are not psychic – they can’t possibly know what you want, unless you tell them. Remember they are there to represent your chapter, if you have questions ask. Ask your field representative about the best way to communicate – phone, in person, or email. If you can’t reach your field representative in the office, chances are they are in the field representing members, leave a message. Remember, there are no emergencies that cannot be addressed or resolved, tomorrow. Training Opportunities Zone directors may offer specific trainings or workshops during zone meetings which are led by field service staff members. More specialized training in the areas of employment law, labor relations, communications or apprenticeship is also available. PSE also offers other workshops that are not specific to union work. Please check the PSE website for a description of those offerings. For training in your chapter or zone by a field representative, please contact the field services managers Tyler Skillings or Stacey NaVarre. Apprenticeship Workshops Apprenticeship is a structured, paid, on-the-job training program combined with classroom instruction administered by a specific set of standards. PSE has been involved in the Washington Public School Classified Employees Apprenticeship program since its inception in 1987. The program has grown from three original job occupations to 28 today. For more information on the available apprenticeship programs, visit the PSE website. Zone directors may offer specific training during zone meetings which are led by field service staff members. More specialized trainings in the areas of employment law, labor relations, communications or apprenticeship is also available. For training in your chapter or zone by a field representative, please contact field services managers Tyler Skillings or Stacey NaVarre PSE also offers workshops that are not specific to union work. Check the PSE website for a further details. 17 Connecting through Social Media The way we connect to our family, friends, and coworkers is changing dramatically. Social media tools such as Facebook, Twitter, Tumblr and Instagram are here to stay. PSE is always looking at ways we can invest and utilize these new and exciting tools. Throughout the year PSE will offer trainings and workshops for members to learn how to fully harness the power of social media. To the right are some quick tips to begin using social media. PSE suggests that all chapters invest some time using social media tools to strengthen their chapters. Contact the communications and new media department to schedule trainings or to receive help. Connect with PSE: Tips and Tricks • Use Facebook to share information about chapter events. Consider creating a chapter page for all members to join. • Keep your posts short and sweet. Don’t drag on too long, you’re not writing “War And Peace.” • Avoid discussing religion and other sensitive topics. • Make sure you use proper grammar and spelling. • Stay positive! The world’s already negative enough. Don’t add to it. • Assume everything you post is public, even if you mark it as private. • Be respectful. Sometimes others can get on our nerves, but social media is no place to talk disrepectfully about someone. /PS EClas s ifie d @PS EClas s ifie d Tools to make you and your board successful Visit the PSE website at www. pseclassified.org for valuable information regarding your union. Stay in touch with what is going on in other chapters and at the state level. Keep your chapter informed on legislative issues both in Olympia and Washington, D.C. While you are there click on the FOR LEADERS tab and find the following: • • • • • • For Leaders • Board Meeting Minutes Board Meeting Agenda Chapter Meeting Notices Chapter Leader Business Cards Recognizing Member • Service Pins • Certificate of Recognition Chapter Secretary Materials • Tips for Chapter Secretaries • Record Retention Form • Sample Elections Form • Recording Minutes • Sample Bylaws Language • Requesting New Member Booklet Chapter Treasurer 18 • • • • • • • • Chapter Finances Yearly Chapter Budget Projection • Annual Chapter Financial • Annual Chapter Financial Report Checklist Leadership Changes • Report all changes in leadership Social Media • What is the best for my chapter? • Best Practices Convention Speeches State Annual Financial Report State By Laws Union Leadership Tool Kit Grievances What do you do in the event of a grievance? Depending on your level of comfort and knowledge of the contract here are some simple suggestions: • If a member comes to you with a concern listen to them and take notes. Then review the contract with the employee, and see if you can find any contract language that has been violated. If there is language in the contract that you believe has been violated, contact your field representative to discuss the matter with them. Your field representative will work with you to determine what information needs to be gathered, how many days have transpired since the incident or violation, and what needs to be done next. • If a member comes to you with a concern and you don’t see that there is language that addresses that concern in the contract, contact your field representative to determine if there may be other avenues to pursue or other ways to address the problem. It may be the issue needs to go to a labor management meeting, or it may be a violation of an industry standard, or it may be an issue that needs to go to an outside agency. The most important thing to do is to contact your field representative and carefully follow the time lines. Do not try to guess whether or not a violation has occurred – review your contract and talk to your field representative. Weingarten Rights “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at the meeting. Without representation, I will attend the meeting and follow lawful orders, but I choose not to answer any questions.” Members are entitled to their Weingarten Rights when called to an investigatory interview. If a member is called to a meeting, and they believe the meeting may lead to discipline, they must affirmatively request their Weingarten Rights. Weingarten Rights entitle the member to have a union representative present with them during the questioning. We strongly encourage members to take a representative with them to any of these meetings. However, it is incumbent on the member to exercise this right; the employer has no requirement to inform the employee of this right. 19 Duty of Fair Representation The common law in both federal and Washington state arenas requires that unions fairly and honestly represent all of the members in their bargaining units. This duty is known as the duty of fair representation, or DFR. Public employees in Washington state are subject to state law, but Washington state courts routinely take guidance from federal appellate courts which are applying the doctrine in the private sector. DFR charges can only be brought as lawsuits in Superior Court. The union’s primary obligation is to refrain from treating members of the bargaining unit arbitrarily or in a discriminatory fashion. If the union discriminates against an employee because the employee has engaged in protected collective bargaining activity, the DFR charge can also be brought as an unfair labor practice complaint before the Public Employment Relations Commission or PERC. PERC will not process any other type of DFR complaint. Those must be handled by the courts. Contrary to popular belief, it is not a DFR violation for the union to be negligent in the performance of its duties – such as missing a time line in a grievance. However, you should avoid doing so if possible. The following examples illustrate potential DFR actions: • Failure, without justification, to file a grievance on behalf of a bargaining unit member who is terminated while on sick leave. • Refusal to process a grievance because the grievant does not pay union dues. • Refusal to arbitrate because the grievant is a union dissident. By adhering to the following checklist you can be confident that you have fulfilled the duty of fair representation: • Follow the contract for the investigation, documentation, preparation and presentation of grievances. • Observe the contract provisions for grievance processing. • Keep the grievant informed about the progress of the grievance. • Pay close attention to time limits and be prepared to extend them to allow for appeals or additional investigation. • Always allow the grievant to submit more evidence or 20 arguments for the grievance. • Keep comprehensive, straightforward records. Do not allow a threat of a DFR charge to convince you that every single grievance has merit. Remember: • A grievance does not have to be filed if the union believes it is unfounded, not winnable, or without any basis in the contract. • Unions are entitled to consider the cost of arbitrations in any decision to advance a grievance. • The union can accept compromises in good faith. • Probationary employees have some rights under the contract. Labor Management Meetings Labor management meetings, also called conference committee meetings, are a group of representatives from the chapter and the employer who meet on a regular basis to discuss issues of mutual interest, to resolve concerns regarding the interpretation and implementation of the collective bargaining agreement, and for the chapter to provide feedback to the employer about operations and direction. The ultimate goal of labormanagement meetings is to change and enhance the labor-management relationship. The one thing labor management meetings are not is negotiations. It is important to have a clear understanding and agreement of the role of this labor-management group. If you are having a discussion regarding the interpretation or implementation of your contract, make sure to contact your field representative before agreeing to anything. Things to do: • Keep minutes. Once minutes are approved, distribute the minutes. • Communicate with your membership and let them know how things are going. • Make sure there is follow through on issues raised. The minutes will help you keep track of what has been done and what has yet to be done. • Do not be so interested in a ‘nice relationship’ to the point where you are sweeping issues of concern under the carpet. Do not allow time lines on grievances or potential grievances to lapse. If management agrees to talk about a potential grievance, make sure there is written documentation signed by both sides that hold the time line in abeyance. 21 Preparing for negotiations: Review your chapter bylaws for provisions on how your negotiations committee is to be selected or elected. It is recommended the field representative be the spokesperson unless the chapter desires a different procedure. The committee should meet with the field representative for assistance in formulating the negotiations survey or questionnaire and developing the proposals and counter-proposals. Discuss and determine the role and the authority of the negotiating committee. Check your bylaws to determine what authority the negotiating team has. Classification representatives should meet with their classifications to discuss concerns and bring recommendations back to the committee. PSE has sample surveys available for gathering member input on issues to bring to the table. Check with your field representative. PSE has some great training on negotiations: the dos and don’ts, strategy, ground-rules, behavior, communication, etc. Your field representative will be happy to provide that training, or even a refresher course before going to the table. It is important to know and understand what each person’s role is in negotiations. Make sure you and your group understands theirs. Agency Fee Payers & Objectors It is the policy of the Public School Employees of Washington that nonmember agency fee payers who file timely objection notices will not be required to contribute beyond their fair proportionate share of costs incurred by PSE for collective bargaining activities, including contract administration and grievance adjustment for classified school employees. PSE’s policy regarding the rights and obligations of agency fee payers and objectors is as follows: 1. Employees who choose to be agency fee payers rather than PSE members must notify PSE in writing of their intention to claim agency fee status. Once an employee claims agency fee status, the employee will maintain that status until no longer eligible for membership, the employee chooses to become a member, or the employee chooses to assert the right of non-association based upon a religious objection, pursuant to the provisions of RCW 41.56.122. 2. All agency fee payers will be provided with an annual notice in December of each year informing them of the percentage of PSE’s expenditures reasonably related to collective bargaining, contract negotiations and grievance adjustment as described in this policy. The notice will also describe agency fee payers’ rights and obligations with respect to the payment of fees to PSE. All new bargaining unit members will also be provided with the notice. 3. Agency fee payers who choose to become objectors may request an adjustment in their dues based on their objection to PSE expenditures that are not reasonably related to collective bargaining, contract negotiations, and grievance adjustment. All objection notices must be received in the time period specified in the notice. Objector status must be renewed whenever the agency fee charge is adjusted. Any fees received by PSE on behalf of an objector in excess of the adjusted amount will be escrowed and refunded to the objector. 4. Within thirty (30) days from the date of the receipt of a written objection, the executive director will provide all objectors a summary of PSE’s major budgetary categories, along with an apportionment of the application of PSE’s gross revenues to chargeable and nonchargeable expenses. Copies of this policy will also be provided to objectors. PSE Benefits & Programs By being a PSE and SEIU member you have exclusive access to great discounts and programs. Looking to take a vacation? There’s a union benefit to help. Experiencing an emergency and need some help? PSE has a program for you! Want to make sure a member is recognized for their hard work? Well, there is a program for that too. Below are brief details for many of the popular programs PSE offers its members. Contact the state office for more information. Accidental Death Insurance Through our affiliation with SEIU we are pleased to offer an accidental death and dismemberment insurance at no cost to our members: • $10,000 of coverage for death due to any type of accident at home, at work or while commuting or traveling anywhere in the world. • Plus, $10,000 of additional coverage against accidental death from covered motor vehicle or pedestrian accidents. This benefit is neither automatic nor immediate. There’s no charge or commitment required for you to receive this coverage however, you must enroll by visiting the Union Plus website directly at www.unionplusinsurance.com or via the PSE website and select Membership Benefits/Accidental Death & Dismemberment Insurance. Awards PSE is pleased to recognize outstanding contributions made by our members. The Awards Committee’s responsibility is to seek out those deserving members and honor them. The Awards Committee solicits and review nominations for Life Membership, Honorary Member of the Year, PSE Classified Employee of the Year, Legislative Member of the Year, President’s Leadership Award, and other special awards approved by the Board of Directors. 22 Legislative awards are given to legislators who have made outstanding efforts on behalf of classified issues. These are selected and presented by the Legislative Council. PSE members also qualify for Excellence in Education and Golden Apple Awards. These are programs sponsored by other organizations that members are encouraged to participate in. Additionally below are other tools you can use to recognize service by members. • Service Recognition Program - Chapter presidents or leaders may contact the PSE state office to order the following recognition awards: • Service Pins – Years of service pins are available for members at their 10, 15, 20, 25, 30, and 35 year anniversaries. • 30-Year Plaque – Upon completion of 30 or more years of employment in a district or university, an engraved plaque may be ordered for presentation to the member. Emergency Relief Program This program provides emergency assistance to members in need due to catastrophic illness or disaster. It is supported by member contributions through chapter donations and fundraising efforts. In addition, the PSE Board of Directors may, at its discretion, set aside some general revenues to support this fund. Emergency Relief funds may be requested by completing and signing an Emergency Relief Application, available on the PSE website, from your regional office, or from your field representative. Lawyer Referral Program Members can meet and discuss personal legal matters with selected lawyers in their area. This program provides for a free 30 minute consultation as well as discounts on other services. Contact the legal department for a list of lawyers in your area. Scholarships PSE is proud to assist educational support professionals and their dependents pursuing their educational goals. Each year, PSE awards direct financial aid to union members and their children. Another option for PSE/SEIU 1948 members is to apply for SEIU International Scholarships. SEIU offers 53 scholarships, some for as much as $5,000, many of which are renewable for up to four years. Information on scholarship amounts and applications process are posted on the website in approximately December with an application deadline in March. Union Plus Use your PSE membership and take advantage of shopping benefits you receive as a union member. Visit unionplus.org and register to begin saving now. Union Plus provides union members generous discounts on union-made goods. 23 PSE Events Convention PSE holds its convention the latter part of July and early August. Convention is PSE’s annual business meeting. Elected delegates meet to participate in PSE’s decision-making process. Delegates hear reports on the condition and activities of the organization from staff, board, and committees. Officers are elected for the upcoming year and awards are presented. Every four years PSE sends delegates to SEIU’s international convention. A special election may be held to elect those delegates. In order to prepare your chapter for convention make sure the following steps are followed: • Convention notification is sent to the presidents in March of each year. The number of eligible delegates is based on chapter size: one (1) delegate for every twenty-five (25) members. For chapters that have fewer than fifty (50) members you will be allowed to send two (2) delegates. • Consult your chapter bylaws regarding voting on convention delegates. Per federal law members must receive at least 15 days notice of the meeting to elect convention delegates and alternates. PSE will send meeting notice postcards to chapter members. Go to www.pseclassified.org and click on the FOR LEADERS tab, and then Chapter Meeting Notices link. • Please allow 30 business days for PSE to process your postcard request. • Elect your delegates and alternates. • The convention registration process is all online. Visit the PSE website at www.pseclassified.org to register your delegates and reserve hotel rooms for convention. Convention Sponsorship The Betty Rankin Memorial Sponsorship Fund is a program that generates revenue and directs distribution of such funds for the sole purpose of sponsoring chapter delegates to convention. Preference is given to those chapters that receive $400 or less a year in rebate money from the state. Chapters are rebated five percent of their dues money when they send a delegate to convention. This money is intended to cover the cost of sending delegates to convention. Legislative Conference The legislative council sponsors Legislative Conference each year, typically over the Martin Luther King, Jr. holiday weekend in January. This is an opportunity for members who have never participated in PSE’s lobbying or political activities to learn how the political process works, receive tips and training on lobbying and then have an opportunity to meet and lobby legislators and political leaders on legislative issues that may impact classified employees. Political Action Through our legislative council, legislative interns, member activists, and our lobbyists, we address public education and union issues in the legislature. PSE defends and promotes the interests of educational support professionals in both K-12 and higher education, including developing and supporting legislation. PSE has been the lead advocate for increasing funding for school transportation and special education services, salary equity, civil service reform issues, higher education job security legislation, and addressing the issue of appropriate staffing levels. Chapter Political Action PSE encourages chapters to be aware and become involved in political action. This includes legislative issues and school board elections. There are limitations placed on political involvement by I-134, including the amount a chapter can donate to a political campaign. PSE will provide assistance with these activities; please contact the government relations department for more information. Levy and Bond Program Each year, thousands of classified school employee jobs are affected by the outcome of their school districts’ maintenance and operation levy or bond elections. PSE has a campaign plan to assist in five critical areas of political participation: voter registration, absentee voter registration, campaign contributions, member communication, and member outreach. PSE will provide chapters the resources they need to be successful in each of these areas. Please contact your field representative for more information or contact the government relations department at the state office. 24 My chapter president is: My field representative is: Name: Name: Phone: Phone: State Office Auburn Regional Office 602 West Main Street Auburn, WA 98001-5225 P.O. Box 798 Auburn, WA 98071-0798 253-876-7407 866-820-5652 Spokane Regional Office 1825 N. Hutchinson Road Suite 101 Spokane Valley, WA 99212-2458 Tri-Cities Regional Office 410 N. Neel Street Suite B Kennewick, WA 99336-2865 Vancouver Regional Office 201 NE Park Plaza Drive Ste. 260 Vancouver, WA 98684-5880 pse c las s ifie d .or g /PS EClas s ifie d @PS EClas s ifie d