Although the term "Management Rights" seems simple enough, not all who think they understand it have a full grasp of the "Reserved Rights Doctrine" and how, when combined with what is more commonly referred to as a "Past Practice" and/or "Precedent", that opens a whole new universe. Additionally, all managers do not fully understand, (if at all) the impact a "Stealth Past Practice" and/or "Stealth Precedent" which they may agree on can have in undermining previously established hard-won gains for the employer in the collective bargaining agreement. This webinar will focus on bringing clarity and understanding to these items and their interrelatedness as parts of a much larger whole under a collective bargaining agreement.
Objectives of the Presentation
- Understanding what "Management Rights" are permissible and or any limitations under the "Reserved Rights Doctrine"
- Why and how to enhance a Management Rights clause and your "Reserved Rights" in a collective bargaining agreement
- Developing clarity of the terms Past Practice and Precedent and how they work with the collective bargaining agreement
- An understanding of the criteria to establish/maintain a past practice and/or precedent
- Past Practice and or precedent considering clear, contradictory and or ambiguous contract language
- How to reverse/undo a Past Practice and or Precedent?
Why Should you Attend
To gain a more in depth understanding of these concepts and their use in the daily workplace which if practiced, will enable the participant to have the right tool(s) to preserve management rights and to make safe decisions regarding past practices and precedents without forfeiting management rights.
- Management rights
- The reserved rights doctrine
- Criteria for establishing a past practice
- Criteria for establishing a precedent
- The role of mutual agreement
- Obligation to give notice to change a past practice
- Use of repudiation to reverse/undo a past practice
- Past practice/precedent considering clear, contradictory or ambiguous contract language
- Use of "Pilot Agreements" to step cautiously into any changes in wages, hours and working conditions
This uniquely interactive and comprehensive program will provide a framework of best practices/knowledge and will give you the confidence, skills and techniques needed to avoid the pitfalls common to those who are unfamiliar with the application of the principles of "Management Rights", Past Practice" and "Precedent"
Labor Relations Manager ,
Snohomish County Public Utility #1
Bob Oberstein's career in Human Resources and Labor Relations spans over 45 years. Bob is uniquely qualified in this area having started out as a third-generation Union member who has since represented employers in the public and private sectors in both the non-union and union workplace. On occasion, he also represented labor in both the public and private sectors as well.
As an Interest Based facilitator he trained and coached parties on how to constructively process their negotiations to a successful conclusion thereby promoting and enhancing their relationship. Bob has also served the labor management community as a neutral fact finder, mediator and arbitrator for multiple organizations and agencies such as FMCS, AAA, FINRA, Tucson Unified School District, Phoenix Employment Relations Board, Arizona Department of Education, United States Postal Service, and being a Special Master mediating and arbitrating disputes between, Fry's Food Stores & UFCW, Local 99. Several of his arbitration awards have been published by the Bureau of National Affairs as well as Commerce Clearing House and are referenced in How Arbitration Works by Elkouri&Elkouri, often considered the consummate reference in the field of arbitration. Bob was recognized in 1991 by the Federal Mediation and Conciliation Service's "Director's Lifetime Achievement Award" for promoting positive labor management relations.
Also significant in his background are the positions of Labor Relations Administrator for EBASCO Services (nuclear power plant construction for both Florida and Louisiana Power & Light); Senior Labor Relations Administrator for the Salt River Project, the local water and power utility in Phoenix, Arizona; Executive Human Resources Director for the Washington Elementary School District (largest elementary school district in Arizona); Labor Relations Administrator and chief spokesperson for the City of Phoenix, Arizona; and most recently Labor Relations Manager in the northwest United States. Bob is also a member of SHRM, IPMA and NPELRA/WAPELRA and has his IPMA-CP, SPHR, SHRM-CP and CLRP certifications.
Who will Benefit
- Human Resources Professionals
- Labor Relations Professionals
- All Levels of Management
- Union Officers and Representatives including Union Stewards
- and employees