OGC SETTLEMENT CORNER
WHAT IS THE OGC'S PURPOSE IN POSTING SETTLEMENTS OBTAINED IN ULP CASES?
The OGC encourages parties to voluntarily resolve their disputes at all stages of the ULP proceedings. To that end Regional Office agents assist the parties if they indicate a willingness to discuss resolution. As a result, parties have entered into numerous novel settlement agreements resolving pending ULP cases. The OGC's purpose in creating this page is to educate parties on the possibilities for reaching novel settlements and innovative remedies that meet their needs. We will update this page periodically whenever an interesting settlement is obtained. The parties are not identified to maintain confidentiality.
Parties Agree that Agency will Provide Information Requested before Signing the Settlement Agreement
This case involved an information request concerning a proposed disciplinary action of a bargaining unit employee whereby the Agency provided some, but not all of the information that the Union requested. The Union sought the agency's referral of incident and the report provided to the Chief and the complete investigative file for the BUE facing a suspension. After contacting the parties, and agent ascertained what it would take to resolve the case. The Union sought the rest of the information and bulletin board & e-mail postings; the parties then compromised at e-mail posting only after the Agency provided the requested data a week before signing the agreement. (11/14)
Parties Agree that Agency will Issue E-mail to all Employees Setting Forth Their Weingarten Rights
An employee was called in for an investigative examination. The employee requested representation. The supervisor, rather than grant or deny the request, told the employee he didn’t need a representative. The employee reiterated the request, and the supervisor replied that another employee hadn’t asked for a representative, why did he want to? The supervisor said she wanted to get matter over with as she had the case for a long time. The employee again said he wanted a representative. The supervisor asked him, what are you worried about? The employee replied he wasn’t worried about anything, he just felt more comfortable if he had a representative. The supervisor said the employee was a Union representative, he didn’t need a representative, he could do the interview on his own, and the other employee hadn’t asked for a representative. She said the case should have been closed a long time ago and for the employee to prolong it just prolonged the whole process. At that point, the employee relented and said that although he didn’t feel comfortable, since the supervisor put it that way he would go ahead with the examination. The Region found this conduct to be unlawfully coercive and issued complaint. The Region obtained a settlement agreement wherein the Warden agreed to sign a notice posting and issue an e-mail to all employees setting forth the employees’ Weingarten rights. (11/14)
Parties Agree to Incorporate Hours of Work Article into the Collective Bargaining Agreement
In June, the Region approved a bilateral Settlement Agreement between a Union and an Agency. The Union alleged that the Agency refused to honor a previously negotiated article concerning hours of work. The Region persuaded the parties to enter an agreement that called for a traditional posting and an email posting. Furthermore, the Agency agreed to incorporate the Hours of Work Article into the CBA within 20 days of signing the agreement. (11/14)
Agency Agrees to Rescind a 5-Tier Performance Plan and to Reappraise Employees and to Bargain over Procedures and Appropriate Arrangements for Implementing a Revised Performance Plan
The Region obtained settlement in a case which alleged that the Agency violated the Statute when it implemented a 5-tier Performance Management Appraisal Plan for certain employees, without providing the Union the opportunity to bargain over the change. The Agency agreed to post and email a Notice to all Employees and to rescind the 5-tier PMAP, reappraise the employees and make them whole, if appropriate, and give notice and bargain with the Union the appropriate arrangements and procedures for implementing new or revised PMAP. (11/14)
Parties Agree that Agency Will Rescind an Employee's Performance Appraisal and to Reappraise Her Without Taking into Consideration Her Protected Activity
The Region obtained settlement in a case which alleged that the Agency violated the Statute when it discriminated against a bargaining unit employee for engaging in protected activity and made a Statement which interfered with employee rights under the Statute. The Agency agreed to post and email a Notice to All Employees and rescind the employee's 2012-2013 performance appraisal and to reappraise the employee witho