-Direct Dealings are something that effects all campus’ and our membership. SUNY Canton’s Former UUP President David Hartle and NYSUT LRS, Kathleen Briggs, recently wrote. A great article referencing the above subject.
Please take a moment to read as it is something that is sure inform!
By David Hartle, UUP Chapter President and Kathy Briggs, NYSUT LRS
SUNY Canton UUP members cannot make “individual or departmental” agreements with
Managers that impact compensation, benefits, or any terms and conditions of employment negotiated between the State of New York and United University Professions. Please bring those issues of workload, professional obligation, extra service, salary, benefits, or other work issues for members to the attention of the local UUP Chapter leaders.
New York State public employees and the State of New York are subject to the Taylor Law (Public Employees’Fair Employment Act found at Civil Service Law Article 14, §§ 200 et. seq., also known as the Taylor Law) which defines mandatory, non-mandatory, and permissible subjects of negotiations. If a subject is not mandatory but impacts terms and conditions of employment then impact bargaining may be demanded.
The following information was reprinted from Police Chief Magazine.
“An employer may not bypass the union and deal directly with an employee on matters that are properly the subject of negotiations with the bargaining unit’s exclusive representative. Such an action would violate the employer’s duty to bargain in good faith and would constitute an “unfair labor practice,” otherwise known as a “prohibited practice,” under some states’ laws. An employer’s direct dealing with employees in the bargaining unit violates the employee organization’s statutory right to speak exclusively for the employees who have selected it to serve as their sole representative. Dealing directly also undermines the employees’ belief that the union actually possesses the power of exclusive representation to which it is entitled by statute. Thus, management must give notice and an opportunity to bargain to the union whenever management wants to implement a change involving or affecting an employee’s wages, hours, or other terms and conditions of employment.”
In the Agreement Between the State of New York and United University Professions (a.k.a. the contract at http://www.uupinfo.org) Articles 1,2,3,4,5 and 6 affirm the exclusive representation of UUP on behalf of employees serving in positions in 08 State University Professional Services Unit. No administrator or agent of management such as a chair, program or curriculum coordinator has the authority to request that a UUP member violate the Agreement, or alter terms and conditions of employment. No administrator or agent of management has the authority to commit the College to violating the Agreement or to any deviations arising from direct dealing. Such requests should not be presented by members or Administration.
Please contact your Chapter officers with any questions or concerns you have about your rights as a public employee and UUP represented member.