Labor Relations

1. Labor Relations

2. Agenda Labor Relations Team BUE Vs. Non BUE Points of Contact Rights Weingarten Training Disclaimer: This is a condensed overview of the Labor Relations (LR) program and is not intended to replace supervisor training or any other LR training the HRO deems necessary.

3. Labor Relations Team Mr. Bill Poppler: (916) 854-3600 1LT Brian E. Thomas: (916) 854-3646 SrA Eric M. Kelly: (916) 854-3701 ng.ca.caarng.list.j1-hro-lrs@mail.mil

4. BUE v. Non BUE • Easier to define Non-Bargaining Unit Employee: • Management official or supervisor • Confidential employee (EEO/SARC) • Personnelist • Professional employees (JAG) • Intelligence, counter-intelligence, investigative or security work that affects national security • Employees engaged in investigation or audit functions that affect internal security • BUE includes most others not described above (mechanics/purely clerical) • Check block 37 or your SF 50

5. ACT Points of Contact Local 105 (146th AW) POC: Zach Rude zachary.rude@ang.af.mil (805) 986-7990 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/146th_AW%20Bargaining%20Agreement.pdf ACT 109 (129th RQW) POC: Dave King OR Francis Schmidt david.king.3@ang.af.mil francis.schmidt@actnat.com (650) 603-9344 (510) 701-6145 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/129th_RQW_Bargaining_Agreement.pdf

6. ACT Points of Contact ACT 118 (144th FW) POC: David Tomamichel OR Dean Gillum david.tomamichel@ang.af.milrobert.gillum@ang.af.mil (559) 892-8198 (559) 978-5302 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/144th_FW%20Bargaining%20Agreement.pdf ACT 121 (163rd RW) POC: ArnulfoLozoya arnulfo.lozoya@ang.af.mil (951) 655-5456 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/163rd_ARW%20Bargaining%20Agreement.pdf

7. LIUNA Point of Contact Local 2163 (Army) POC/Business Manager: Dave Ingles d.ingles@liuna-ngdc.org (209) 518-9310 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/CMD%20LIUNA%20CBA%202013.pdf

8. NAGE Point of Contact Local R12-120 (162nd CCG) POC: Bret Carroll bret.carroll@ang.af.mil (916) 569-2287 Current contract can be found at: http://www.calguard.ca.gov/HRO/Documents/Labor/162nd_CCG%20Bargaining%20Agreement.pdf

9. Rights of the Employee 5 USC §7102: Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right— (1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.

10. Rights of the Union 5 USC §7114 (paraphrased): An exclusive representative (Union) in an Agency shall be given the opportunity to be represented at any formal discussion, any examination of an employee (Weingarten), and negotiations.

11. Rights of Management 5 USC §7106: (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency— (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and (2) in accordance with applicable laws— (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

12. Rights of Management (C) with respect to filling positions, to make selections for appointments from— (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies.

13. Rights of Management (b) Nothing in this section shall preclude any agency and any labor organization from negotiating— (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the agency will observe in exercising any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

14. Weingarten Rights 5 USC § 7114(a)(2) provides that an exclusive representative of the appropriate unit in an agency shall be given the opportunity to be represented at – (A) any formal discussion between one or more representatives of the agency and one or more employees in the unit of their representative concerning any grievance or any personnel policy or practices or other general condition of employment; or (B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if- (i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and (ii) the employee requests representation.

15. Training • Supervisors and Managers: • TPMC within 12 months • Refresher Course once every 36 months • Other training deemed necessary by the HRO

16. Questions?