Tuesday, September 20, 2011

You Are Out of Order!

 The following conversation has been paraphrased for brevity. And is not intended to be taken as quotes. However, the intent and outcome are the exact same.

Leadership: Your motion is ruled out of order.

Member: How is it out of order?

Leadership: Its a negotiable item.

Member: How is a motion to poll the membership negotiable or contractual?

Leadership: Its not.

Member: Then how is my motion out of order?

Leadership: Because its negotiable, its a contract item.

Member:  uhhh...WHAT? Are you serious?

Leadership:   yes

Member: One more time just for clarification, how is a motion to poll the membership related to the contract?

Leadership: Its not.

Member: How is a motion to the poll the membership negotiable?

Leadership: Its not.

Member: So how is the motion out of order?

Leadership: Its contractual, its a negotiable item.

Member: and your serious?

Leadership: yes

   If only this was fiction!

 Rights come with responsibilities, because you have the right to have your opinions fairly heard, debated and voted on, means you have the responsibility to stand up for it, when you see it being trampled on.

Tuesday, September 6, 2011

Attention Members of Local 1285

Here is a letter from your Local president:

Dear Members:

This letter is to make it clear to everyone that there will be no action taken regarding the 48/96 shift schedule at the regular membership meeting scheduled for September 15, 2011 or any other regular meeting of this local.

Nevada Revised Statue is very clear on what is negotiable.  I am amazed that members published a fact sheet with the first statement being that the 48/96 shift schedule is not negotiable. What that means is the Chief could tell us today that we are working 1 day on and 2 days off or that we will start working the CCFD schedule?  What would you think about that? Would you think that the Chief could just make that change?  What would you want the union to do?

I have personally told both members pushing the 48/96 shift schedule months ago in a meeting with them that this is negotiable. I also told them the time and place to deal with this issue is at the Special Meeting for negotiations.  The Chief has also shared a copy of an email sent to one of our members pushing 48/96 and the position of the City regarding this work schedule.

Remember where we are at right now in the fact finding process of our current contract negotiations. The focus of your principal officers is on preventing a salary rollback, protecting the Health & Welfare Trust Fund, and our Clothing Allowance.

Dean Fletcher, President

  The following is the NRS Statue that he mentioned without telling you which one it is. Why he did not want to actually tell you the NRS that he was talking about is anyones guess, but I think maybe it was because he was hoping you would not go look it up, so I did it for you. As you can see there is NOTHING in the NRS that would keep members from bringing this ideal forward, as NOTHING in the proposed 48/96 that Sarah is working on conflicts with this statute. 

NRS 288.150  Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation.
      1.  Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
      2.  The scope of mandatory bargaining is limited to:
      (a) Salary or wage rates or other forms of direct monetary compensation.
      (b) Sick leave.
      (c) Vacation leave.
      (d) Holidays.
      (e) Other paid or nonpaid leaves of absence.
      (f) Insurance benefits.
      (g) Total hours of work required of an employee on each workday or workweek.
      (h) Total number of days’ work required of an employee in a work year.
      (i) Discharge and disciplinary procedures.
      (j) Recognition clause.
      (k) The method used to classify employees in the bargaining unit.
      (l) Deduction of dues for the recognized employee organization.
      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
      (n) No-strike provisions consistent with the provisions of this chapter.
      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
      (p) General savings clauses.
      (q) Duration of collective bargaining agreements.
      (r) Safety of the employee.
      (s) Teacher preparation time.
      (t) Materials and supplies for classrooms.
      (u) The policies for the transfer and reassignment of teachers.
      (v) Procedures for reduction in workforce.
      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
      (c) The right to determine:
             (1) Appropriate staffing levels and work performance standards, except for safety considerations;
             (2) The content of the workday, including without limitation workload factors, except for safety considerations;
             (3) The quality and quantity of services to be offered to the public; and
             (4) The means and methods of offering those services.
      (d) Safety of the public.
      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
      5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
      6.  This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
      7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
      (Added to NRS by 1969, 1377; A 1971, 1503; 1975, 919; 1983, 1622; 1987, 743, 1496, 1607; 1989, 1165)

  Unless of course he was referring to a different NRS, Its just my guess that the one about whats negotiable and whats not, was the one he was referring to, but that still remains to be seen.