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Employee Organization Activities
DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537
No.: ER-28, Updated Date: December 5, 2003 |
Subject: Employee Organization Activities
To: All BDS and DOC Managers and Personnel Officers
From: Kenneth Walo, Director
Even though each of the seven State employee bargaining units is now represented by a certified bargaining agent, it has come to our attention that there is organizing activity in your departments for employees currently represented by AFSCME in the institutional services bargaining unit. This memorandum outlines the State's obligation and policy regarding all organizing activity (including petition, authorization card, and election campaigns).
GENERAL
By law, an employer must remain completely neutral in the organizing and election processes. Managerial/confidential employees and supervisory employees must not use their official positions to help or hinder any employee organization or election campaign, or to permit any employees under their direction to use their official positions to help or hinder such. Employees must not be harassed, coerced or promised special treatment in an effort to influence their support or vote. Managerial, confidential and supervisory employees are not to distribute material or any information for any employee organization, or to ask any employee how he or she has voted or may vote. (See exception for supervisory unit employees below.)
It is also expected that competing employee organizations will conduct organizing and election campaign activities so as not to harass any employee or to interfere with State operations. Appropriate action will be taken to prevent any violations of these guidelines by any person acting on behalf of an employee organization.
THE ROLE OF SUPERVISORS
The general prohibition of supervisory involvement in organizing activity is subject to an exception. Members of the Supervisory Services Bargaining Unit (job classifications are listed in an appendix to the current S.S.B.U. Agreement) may engage in organizing activity with respect to their own unit, but only this unit. With respect to organizing activity in other units, all supervisors should be mindful of the State's legal obligation of neutrality and must not use their positions as supervisors to interfere with, restrain or coerce other employees, particularly subordinates, in exercising their protected rights to join, form, and participate in activities of labor organizations of their own choice. See 26 M.R.S.A. §979-B.
GUIDELINES FOR ORGANIZING AND ELECTION CAMPAIGNS
To ensure the State's neutrality, the following guidelines should be followed and applied equally to all employees and employee organizations. These guidelines must be general and cannot anticipate all questions which might arise in this complex area. Please refer any questions to the Bureau of Employee Relations.
Union organizing activity falls into two categories: distribution of literature and solicitation. These activities, either by State employees or non-employee organizers, are subject to restrictions as to content, time, and place. Different rules apply to State employees and non-employee organizers.
1. Definitions .
For purposes of these guidelines, the following definitions apply:
"Campaign material" means literature that is not purely informational; it is material that advocates or characterizes a particular viewpoint or set of circumstances, or promotes one organization over another, perhaps by denigrating the other organization.
"Distribution" means handing out or distributing literature concerning unions.
"Non-work areas" means parking lots, building entrances and exits, employee lounges and cafeterias, and includes space on bulletin boards as more fully explained in section 8 below.
"Solicitation" includes conversations and handing out petitions or union membership authorization cards with or without conversations. Social conversations among employees about labor relations must be treated like any other social conversation, unless the purpose of the conversation is solicitation of membership or bargaining agent authorization, in which case the conversation becomes solicitation.
"Work areas" include, but are not limited to, offices, hallways, desk areas, reception rooms, areas around copying machines, wards, patient living areas, dormitories, briefing rooms, day rooms, housing units, visitation rooms, and lobby areas.
"Work time" means the period of time actually spent by employees in the performance of job duties. "Non-work time" includes authorized lunch periods or break periods.
2. Solicitation and Distribution by State Employees .
. State employees may :
(i) solicit during non-work time in non-work areas;
(ii) distribute literature in non-work areas during non-work time.
b. State employees may not :
(i) solicit during their own work time or in work areas;
(ii) solicit other employees during the other employees' work time;
(iii) distribute literature in work areas;
(iv) distribute literature during work time.
c. In no event may such activities :
. interfere with the performance of employees' duties;
. interfere with free entrance to and exit from work stations or places
of employment;
. violate the agency's security regulations or policies; or
. constitute an annoyance to the general public.
d. Off-duty State employees are governed by the solicitation and distribution rules applicable to non-employee organizers.
3. Solicitation and Distribution by Non-Employee Organizers .
a. Non-employee organizers may :
(i) solicit or distribute literature in non-work areas during employees' non-work time.
b. Non-employee organizers may not :
(i) solicit or distribute literature during work time;
(ii) solicit or distribute literature in work areas.
c. In no event may such activities:
(i) interfere with the performance of employees' duties;
. interfere with free entrance to and exit from work stations or places of employment;
. violate the agency's security regulations or policies; or
. constitute an annoyance to the general public.
d. Note. Access to employees by the current bargaining agent for purposes of grievance processing is permitted where appropriate and consistent with relevant collective bargaining agreements.
4. Litter .
Distribution of leaflets on cars in parking lots should be permitted only if arrangements have been made in advance by the employee organization to dispose of any litter caused thereby, or to defray the cost of cleaning the area. The littering of other places should not be permitted.
5. Leave for Campaign Activities .
Employees may utilize accrued vacation or other credits, or take leaves of absence without pay from work, for the purpose of soliciting organizational membership, provided , within the judgment of the department head or his/her designee, the employee can be spared without interfering with State operations, consistent with relevant collective bargaining agreements.
6. Requests for Lists of Names and Addresses of Employees .
Any requests for names and addresses of employees should be refused and referred to the Bureau of Employee Relations for action.
7. Use of State Facilities for Meetings .
Current bargaining agents may have specific rights to the use of meeting space, consistent with the terms of relevant collective bargaining agreements. Where there is appropriate meeting space available at other times in buildings owned or leased by the State, such space may be made available to other employee organizations for campaign or other purposes provided that (a) such space is made available on the same basis as to other employee organizations and civic or other groups which request it, (b) the organization agrees to reimburse the State for any additional expense incurred in the furnishing of such space, and (c) requests for the use of such space are made in advance with the appropriate agency or institution head. Any restriction or limitations upon activity by an assembled group shall be continued, but every effort should be made to be consistent - not only with past decisions but with decisions relating to competing union groups.
Preferably, all such decisions should follow existing rules and regulations or written departmental policy. Where no written policy or rule exists, a request should be made to the Bureau of Employee Relations for determination. A written record of decisions and determinations should be maintained.
State employees may attend such meetings only during periods when they are not on duty and should not be released from regular duties for such purpose.
8. Use of Bulletin Boards .
Current bargaining agents may have specific rights to the use of bulletin boards for specific purposes under the terms of relevant collective bargaining agreements. Competing employee organizations may post purely informational literature on certain other bulletin boards provided for employees' use, after obtaining approval from the agency concerned, provided it does not interfere with current bargaining agent posting rights. Informational literature may not be hung upon, posted or otherwise affixed to the walls, doors, windows or elsewhere on facilities and buildings owned or operated by the State.
Campaign material, or material which is defamatory or derogatory to the State or its representatives, shall not be posted on any bulletin board by any employee organization. Campaign material, which is not permitted, is distinguished from permissible informational literature. Please review the definition of "campaign material" provided above. If such materials are found on bulletin boards, they will be removed by the agency personnel officer or the agency personnel officer's designee and returned to the employee organization, if known. A copy should be preserved and forwarded to the Bureau of Employee Relations.
Any questions as to the appropriateness of any posting should be referred to the Bureau of Employee Relations.
9. Use of State Services .
The State's mail, messenger, reproduction, email, telephones, instant messenger and related facilities, means of communication and technology shall not be used for the distribution of any employee organization materials.
10. Office Space .
Office space should not be provided to any employee organization.
11. Employee Organization Participation in Management Meetings .
No employee organization representatives should be permitted to address employee work groups concerning collective bargaining matters during meetings called by management for State purposes, such as routine staff meetings. This does not, of course, apply to grievance processing.
12. Distribution and Enforcement of These Guidelines; Complaints .
Every reasonable effort should be made to bring these guidelines to the attention of the employees in collective bargaining units in the manner most appropriate to each department or agency. Appropriate action should be taken to prevent violation of these guidelines.
Complaints from employee organizations regarding unequal treatment or enforcement of these guidelines should be referred to the Bureau of Employee Relations.
Any questions concerning these guidelines should be directed to the Director of the Bureau of Employee Relations (287-4447). Inquiries from institution and field facilities should be directed to central agency administrative staff, who will consult with the Bureau of Employee Relations as necessary.
