Labor/Management Symposium 2011

1. Labor/Management Symposium2011

2. Col Homer C. Rogers, Director of The Human Resources Office • Welcome • Housekeeping • Negotiating team introduction • Agenda • MG Debbie Ashenhurst - The future of partnership • Kathy Gulla – Pre-decisional involvement • Jeff Tanner and COL Homer Rogers - Summary of 2011-2014 Contractual changes • MG Ashenhurst and Jeff Tanner – Partnership successes • Kathy Gulla – Current JPEC Issues • Labor/Management Panel – Question and Answer session • Cpt Dan Roche – Updates on TPR 430

3. Executive Order 13522 from President Obama - 9 December 2009 • Purpose: to establish a cooperative and productive form of labor-relations throughout the executive branch • Management and the union are to discuss workplace challenges and problems and endeavor to solve them jointly • Allow employees and their union to have pre-decisional involvement in all workplace matters to the fullest extent practicable

4. What is Pre-decisional Involvement? • Getting the union involved BEFORE you make the decision • Example: • “Union Rep, we have technicians who have deployed and I am going to change the work flows of this department. Do you have any issues with that?” vs. • “Union Rep, several of our technicians have been deployed and we need to do something different with the assignment of work. I would like to sit down with you and talk about this issue.”

5. The Adjutant General MG Debbie A. Ashenhurst

6. Pre-Decisional Involvement • Added in negotiations to JPEC Letter 11-01 • Pre-decisional involvement does not have to stagnate your operation • Can be as simple as an Email/call to your local union rep • You may be doing this already

7. Examples of when pre-decisional involvement is appropriate? • Facility closure and moves • Contemplation of disciplinary action • Change in schedule • Change in duties • Work flow changes • Departmental policy changes

8. Old Concept/New Term • Southwest Airlines • One of the world’s most profitable airlines • Largest U.S. airline (measured by # of passengers) • Highly unionized (10 CBA’s, 85% of employees union members) • L/M Philosophy – “Learn and listen not just for the sake of being courteous, but with a goal of genuinely understanding and evaluating another point of view”. (http://www.blogsouthwest.com/blog/labor-relations-southwest-airlines)

9. Old Concept/New Term • COSTCO • America’s 6th largest retailer • 6% turnover compared to retail industry average of 59% • Fiscal year 03 COSTO averaged individual employee productivity of $379,090 in sales per associate outstripping its larger competitors like Walmart, Home Depot, Target and Kroger • L/M Philosophy – Encourage employees to make suggestions and air grievances. Entrepreneurial thinking is encouraged and rewarded.

10. “Coming together is a beginning; keeping together is progress; working together is success”. Henry Ford

11. Contract Changes January 2011- January 2014 COL Homer C. Rogers, Director HROJeff Tanner, President, AFGE Local 3970

15. ARTICLE IV – SAFETY (no change)

20. ARTICLE X – ANNUAL AND ADMINISTRATIVE LEAVE (no change) ARTICLE XI – OFFICIAL TIME (no change) Union officials will be given the flexibility to take care of union business ARTICLE XII – PERFORMANCE APPRAISALS (no change) TPR430 and its Ohio Supplement have changed. Training will be presented throughout the state in February and March ARTICLE XIII – SENIORITY (no change) ARTICLE XIV - REDUCTION IN FORCE (TPR change only) ARTICLE XV – DISCIPLINE (no change)

25. Summary of Changes to Article XVI • The grievance is “owned” by the grievant. The grievance remains active until he/she is satisfied with the outcome or a final decision is made by the TAG • Grievance process is no longer within the Local Partnership Councils (LPCs) • LPC’s can still address all issues, but once a grievance is officially filed it is removed from the LPC Agenda • Potentially a 6 step process • All possible attempts should be made to resolve at the lowest level

26. Summary of Changes to Article XVI(cont’d) • Not intended to be used as a “sneak attack”. The contract language includes: “Potential problems and concerns must be identified and communicated as they occur. Poor communication will lead to misunderstanding, unhelpful emotions and destructive outcomes”

27. Summary of Changes to Article XVI(cont’d) • Informal stage = Step 1 • Not necessarily in writing (but could be) • Filed within 60 days of the event giving rise to the grievance (statute of limitations) • Filed with the immediate supervisor or level of command where the conflict exists • Must be resolved within 30 days of filing date or is considered dropped or may move on to Step 2 • Labor Representative may be involved

28. Summary of Changes to Article XVI(cont’d) • Step 2 • Grievance now becomes “formal” • Must be in writing • Filed no later than 31st day after Step One filing or as soon as it is determined resolution is not possible at that level • Filed with the immediate supervisor or next level of command • Must be resolved within 20 days of filing date or is considered dropped or may move on to Step 3 • Labor Representative must be involved at this stage

29. Summary of Changes to Article XVI(cont’d) • Step 3 • Must be in writing • Filed no later than the 21st day after Step Two filing or as soon as it is determined resolution is not possible at that level • Filed with the HRO • Must be resolved within 20 days of filing date or is considered dropped or may move on to Step 4 • Union VP and/or President must be involved at this stage • HRO and Union Officer determines appropriate level of management to involve and attempts resolution with parties

30. Summary of Changes to Article XVI(cont’d) • Step 4 • Must be in writing • Filed no later than the 21st day after Step Three filing or as soon as it is determined resolution is not possible at that level • Filed with the appropriate ATAG • Must be resolved within 20 days of filing date or is considered dropped or may move on to Step 5 • Union VP and/or President must be involved at this stage

31. Summary of Changes to Article XVI(cont’d) • Step 5 • Filed with the TAG • Positions from Step 4 management official and union official are submitted for review • A face to face meeting may be requested by either party • Filed no later than the 21st day after Step Four filing or as soon as it is determined resolution is not possible at that level • TAG will make final decision for resolution

32. Summary of Changes to Article XVI(cont’d) • Step 6 – Arbitration with The Federal Labor Relations Authority • Outside of the Ohio National Guard

35. Article XVII – Workplace Smoking Accommodations (no change)

36. Article XIX – Agreement Duration, Modification, Renewal, the Precedence of Regulations – • Contract expires Jan 2014 • 2010 Negotiating Team added

37. JPEC Letter 01

38. JPEC Letter 02 – L/M Coordination Regarding Advertising Bargaining Unit Positions and Hiring/Promoting Procedures (No change)

39. JPEC Letter 03

40. JPEC Letter 04 – Guidelines for Service Component Partnership Executive Council (No change)

41. JPEC Letter 05

42. JPEC Letter 06

43. Col Homer C. Rogers, Director of The Human Resources Office • Labor/Management Training for technician supervisors • Strategy • Timeline

44. MG Debbie Ashenhurst, The Adjutant GeneralJeff Tanner, President, AFGE Local 3970 • Partnership Successes • Transformation Workgroup negotiated procedures for RIFs. • Conducted statewide service PEC symposiums, 2 Army and 4 Air. • Conducted joint L/M training; IBB and Hiring Training.  • Implemented Ohio TPRs (430, 351), published a Merit Placement Plan and new Tech Handbook.  • Completed all technician appraisals.  • Trained facilitators for all LPC, Service and Joint PECs.  • Published FECA charter.  • Published updated physical fitness policy memo.  • Army Maintenance Facilities Sub-Working Group. • Joint LPC MOA which brought together 3 LPCs developed a process which allowed joint service issues to be addressed at the local level. • Warrant Officer Program - Army PEC negotiated an agreement for how we assign techs to positions of increased responsibility • HRO and labor worked on several projects relocating SMO techs in the Columbus Metro area.

45. Kathy Gulla, Labor Relations Specialist, HRO • Current JPEC Issues • Rewards system for labor-management success • Emphasis on need for maximum flexibility to allow labor representatives to conduct official business • Employee Assistance Programs for non-dual status • Administrative Leave for death of immediate family member • Grievance Form/Tracking sheet

46. Question and Answer • For Management • MG Debbie Ashenhurst, The Adjutant General • Col Mark Bartman, Assistant Adjutant General, Air • COL John Harris, Assistant Adjutant General, Army • COL Homer Rogers, Director HRO • For Local 3970 • Jeff Tanner, President, AFGE • Mike Dohrman, Secretary/Treasurer, AFGE • Justin Willie, VP Army Surface Maintenance, AFGE • John Gibson, VP 121st, AFGE

47. Ohio National GuardFamiliarization Training Ohio Technician Personnel Regulation (TPR) 430 & Performance Appraisal Application (PAA)

48. Overview • TPR 430 Process & Delta • Performance Appraisal Application • Training Plan • POCs • Questions

50. TPR 430 Changes: • Critical Elements and Standards must be written in combination • Supervisory Critical Element includes EEO/EO, managing performance, upholding merit principles, and workplace safety • Interim Review • NGB Form 430 includes all parts of the performance management process, and is completed online • Alignment with mission goals • No more 10-Month Probationary Retention Appraisals (Notification is through My Workplace) No Change: • Level 1 thru 5 Rating Pattern • Birth Month Appraisal Cycle • 120 day minimum rating period • Postpone appraisal in limited circumstances • Basis for performance based awards • PIP recommended for marginal performance, required for unacceptable performance • Performance based actions include reassignment, change to lower grade, removal • Appeals processes clarified