Q&A: Everything you wanted to know about Labor Relations

The Labor Relations Office (LRO) is the chief liaison between the University and the unions representing University employees. It is the chief representative during contract negotiations. LSO employees attend certain grievance meetings and mediations; conduct or assist in preparing for arbitrations; and provide general advice regarding collective bargaining agreements. They also train supervisors and managers in working in a unionized environment.

How many University employees are represented by unions and are under collective bargaining agreements?

By law only classified employees may be represented by unions. Exempt/professional and academic employees are not represented. Of the approximately 10,500 staff eligible for representation, about 8,250 are in 29 active bargaining units represented by nine different unions under 16 contracts. Because many of the bargaining units consolidate for negotiations and contract coverage there are fewer contracts than bargaining units. Clerical, grounds, custodial, food service, skilled trades, nurses, police officers, and the crew of the Thompson research vessel are among the types of UW employees represented by unions.

I've heard unions can opt out of Civil Service Rules coverage. What does that mean?

In 1993 the state Legislature passed a law that allowed higher education institutions and unions representing employees at those institutions to mutually agree to have their bargaining relationship governed by the Public Employment Relations Commission (PERC), rather than the Civil Service Rules system. Both parties must agree to do so and must negotiate a collective bargaining agreement under the PERC system, which allows for a significantly broader scope of negotiations than does the Civil Service Rules system. In 1994 approximately 3,000 staff represented by the Classified Staff Association 925 (CSA) 'opted out' of the Civil Service Rules system to participate in the PERC system. In 1996 about 300 additional staff represented by CSA were added to the 'opted out' group.

What is a union shop and how many staff are covered by one?

A union shop is a condition of employment requiring staff to either join or pay a representation fee (some unions refer to this fee as a fair share fee; others, as an objector fee) to their bargaining representative. Of the 8,250 represented staff at the UW, about 6,250 or 75 per cent, are covered under a union shop. Under the Civil Service Rules system, union shops may only be established or removed by an election supervised by the Washington State Department of Personnel. For PERC or 'opted out' bargaining units, union shops are a topic for negotiations and are considered at the bargaining table. The University does not independently enforce union shops. However, by law, upon written request from the exclusive bargaining representative, employers must terminate staff covered by union shops that fail to comply with its provisions.

What is a shop steward; when may a steward represent someone; when do staff have a right to be represented?

A shop steward is a University employee who functions as the union's on-site representative. Steward selection is exclusively an internal union matter. The numbers and general responsibilities of stewards are defined in the contracts. Generally, stewards are supposed to restrict their representation responsibilities to a defined geographic area.

Stewards may represent staff during formal grievance meetings and during investigations conducted by management staff that the investigation might result in disciplinary action. When the employee asks for representation based on a reasonable belief under the UW/CSA contracts, stewards may also represent staff during formal and final counseling sessions. There may be other less formal circumstances where the presence of a steward is helpful.

Most contracts provide for a certain number of hours each year (the number of hours differs in each contract) for stewards to attend union-sponsored training classes. Stewards are provided paid release time when performing appropriate work as the union representative.

What is a grievance and shouldn't I avoid them at all costs?

Grievances are allegations that the University misinterpreted or misapplied the terms and conditions of a contract. Under the contracts covering 'opted out' staff, only the terms and conditions of the contract may be considered in a grievance. Grievances under contracts for staff covered by the Civil Service Rules may also include allegations that the rules were improperly applied. Grievance procedures contain either two or three administrative steps involving reviews at increasingly higher supervisory or managerial levels. If the issue is not resolved in one of those steps, it is taken to mediation and, if not resolved under mediation procedures, to arbitration. While employees are encouraged to settle grievances at the lowest possible level, it is understood that issues of such importance to one or both sides will emerge and that settlement outside formal arbitration will be impossible.

Grievances should not be feared; they should be considered a normal aspect of functioning in a unionized setting. No grievances in organizations with large numbers of staff under contract generally means that issues are festering. On the other hand, continual grievances indicate that systemic problems are not being addressed. A reasonable number of grievances in an organization with hundreds of managers making decisions show that both parties are performing their roles properly.

What is the best way to approach formal grievance and general complaint resolution?

Employees are encouraged to use an interest-based approach when discussing formal grievances and general complaints. This means that after the issue is defined, discussions focus on the parties' interests or concerns regarding the issue. Once interests are openly discussed potential solutions to those interests are sought. If a solution is found that satisfies the essential interests of both parties, a settlement is reached. If not, there may be no settlement, but both parties have better respect for each other's concerns.

The LRO staff is available to assist you by phone (206) 543-6236 or e-mail at laborrel@u.washington.edu.

The Labor Relations Office is a division of Personnel Services. Visit the Personnel Services web site at http://www.washington.edu/admin/personnel. ¶