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Representation Determinations

Grant M. Lee Executive Director of Human Resources

March 29, 2017 Board of Directors/Board Officers RetreatMarch 29, 2017Agenda Item 2D

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Agenda Topics

1. Definition of Representation 2. Regulatory Guidance 3. How Representation is Assigned 4. Identified Challenges 5. Policy Recommendations

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Definition of Representation Union Representation: • The exclusive right by a Union to represent specific employees

Three (3) Unions at AC Transit: • Amalgamated Transit Union (ATU) • American Federation of State, County, and Municipal

Employees, Local 3916 (AFSCME) • International Brotherhood of Electrical Workers (IBEW)

Unrepresented Employee: • District employees not represented by any Union

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Regulatory Guidance

California Code of Regulations, Title 8, Section 93080 • Provides the legal framework applicable to the District for

creating bargaining units.

AC Transit District Law, Chapter 4 Labor Provisions • Section 25052 – Procedure on Labor Organization

Certification

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How Representation Is Assigned International Brotherhood of Electrical Workers (IBEW) Contract • 1.02 The District recognizes the Union as the sole bargaining agent for all

employees who come under the jurisdiction of the Union. The trade jurisdiction of this Agreement shall include all electrical work, including signals and all forms of information transmission, using radio or electronic circuits or both.

Amalgamated Transit Union (ATU) Contract • 1.01 The Amalgamated Transit Union is hereby recognized as the exclusive

bargaining representative of all of the employees set forth in Sections 36.0 - 67.0 - 68.0 - 78.0 - 79.0 - 91.0 - 98.0 and all Clerical Employees as defined in Certification of California State Conciliation Service dated February 3, 1966, as shown in Part IV, Section 91.0.

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How Representation Is Assigned

American Federation of Service, County and Municipal Employees (AFSCME) • Board Resolution No. 838A

– The District “voluntarily recognized” AFSCME as the exclusive representative for the management unit

– “Exhibit A” of Resolution 838A lists the classifications represented by AFSCME

– Adopted June 9, 1993 and last amended September 21, 1994

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How Representation is Assigned 1. Hiring Manager works with HR to

draft new or modify existing Classification

1a. HR send to Union for review

2. HR DraftsStaff Report for

Board Review and Approval

3. Executive HR DirectorReview

3. Chief Financial OfficerReview

4. General Manager Review

6. District SecretaryReview

7. Board Review and Approval

Meet with HR Yes/No

1b. Union provides input to HR

Yes/No

7a. Classification is official

HR updates PeopleSoft

RepresentationYes/No

5. General CounselReview

Yes

No

Yes

Yes7b. HR to Follow Up on Board Questions

or Direction No

No

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Identified Challenges • Lack of understanding of how the District specifically

determines representation for classification specifications.

• Some new unrepresented classifications appear to be similar to represented classifications.

• Managers in the same union as subordinates may create challenges with discipline cases and grievances.

• Perception that AFSCME represented positions have been reduced over time.

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AFSCME Budgeted Position Analysis

220 225

250

285

8 8 9 8 0

50

100

150

200

250

300

2014 2015 2016 2017

AFSCME Positions

Full-Time Part-Time

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Policy Recommendations Enhance the Criteria for Determining Unrepresented Employees: 1. Assistant Director-level and above classifications, 2. Administrative positions reporting to Unrepresented

positions, or 3. Confidential Employees

• Government Code § 3540.1(c)): Any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions.

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Additional Recommendations

Update Board Policy and Establish Administrative Regulations • Update Board Policy #296: Personnel Policies for

Unrepresented District Employees • Establish Administrative Regulations to clarify procedures

and roles and responsibilities.

Negotiate Updated Criteria as Required • Align updated Board policy with Contract language

where needed.

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Additional Recommendations Review Classifications • Determine if appropriately categorized • Bring findings back to the Board for review and approval

(if any changes are needed)

Transparency with Classification Lists • Provide access to classification lists (by representation)

on the District’s Intranet site • Update list with new classifications and when

modifications are made

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Questions?