From: Administrative E-Memo (memofrom@Colorado.EDU)
Date: Mon Feb 23 2009 - 21:03:33 MST
Date: Mon, 23 Feb 2009 21:03:33 -0700 (MST) From: Administrative E-Memo <memofrom@Colorado.EDU> Subject: Information for Supervisors of Classified Staff
TO: Boulder Campus Deans, Directors, Dept Chairs
FROM: System Human Resources
SENDER: Jill E. Pollock, Senior Associate Vice President
for Human Resources
DATE: February 24, 2009
SUBJECT: Information for Supervisors of Classified Staff
Regarding Colorado WINS
The purpose of this paper is to describe the relationship between and
provide guidance to supervisors regarding interactions between the
University of Colorado (CU) and Colorado Workers for Innovations and New
Solutions (Colorado WINS or CWINS).
Background
Governor Bill Ritter, in November 2007, issued Executive Order D 028 07,
"Authorizing Partnership Agreements with State Employees." The governor, in
the order, stated that partnership agreements are agreements between certain
bargaining units, represented by unions and the state for the purpose of
"improving government services, achieving efficiencies, and establishing the
framework for discussing issues of mutual concern to [classified] employees
and the State."
CWINS is a coalition of three national unions-American Federation of State,
County and Municipal Employees, the Service Employees International Union
and the American Federation of Teachers. Last summer, CWINS won through
election by the majority of State classified employees in each occupational
group (e.g. Administrative Professionals, Professional Services, Labor,
Trades, Crafts, Health Care, etc.) except state troopers the right to
represent the classified employees on issues of mutual concern. Certain
classified employees in managerial, supervisory and confidential positions
are excluded from the executive order. Each campus human resources
department has a list of such exclusions.
Virtually any issue can be discussed by the parties, but no partnership
agreement may diminish the governor's discretion in budget-setting or expand
the authority of the governor, the Department of Personnel and
Administration, or the Department of Labor and Employment beyond that
authorized by the Colorado Constitution or the Colorado Revised Statues.
Most attributes of the State Personnel System-including such matters as
grievances, appeal of personnel decisions, and the statewide salary
survey-are set forth in the Colorado Constitution or Statutes. Relative to
CU, a partnership agreement also cannot usurp the university president's and
the CU Board of Regents' responsibility and accountability for operation and
management of the state personnel system for CU, as provided for by the
Colorado Constitution or the Colorado Revised Statutes.
Types of Partnership Agreements
There are three types of partnership agreements described in the Executive
Order: horizontal, statewide and vertical. The university's classified
employees will be covered by horizontal and statewide agreements. The
Executive Order, however, does not require CU to negotiate a vertical
agreement with its classified employees, because the Board of Regents (and
other governing boards of institutions of higher education) has
constitutional autonomy in the supervision of its campuses and employees.
Horizontal Agreements
- are to be negotiated between the State and CWINS on issues specific to
each occupational group, affecting all covered employees in the group,
including CU classified employees; and
- will involve the Governor's Designee for Employee Partnerships (the
"Governor's Designee") and, often, the Department of Personnel and
Administration, but not CU in an official capacity.
To date, no horizontal agreements have been reached for an individual
occupational group. A statewide Memorandum of Understanding (MOU) between
the Governor's Designee and CWINS was executed in October 2008 to set forth
initial rules for interactions between the parties and with covered
classified employees. The MOU does not establish an agenda of issues of
mutual interest for discussion by the parties. CU and all other higher
education institutions in Colorado specifically are not covered by the MOU.
Statewide Agreements
- have statewide impact, negotiated by the two parties for application to
the entire state personnel system, including CU classified employees; and,
- will involve the Governor's Designee and, often, the Department of
Personnel and Administration, but not CU in an official capacity.
Vertical Agreements
- cover issues of concern within a single state department. Sixteen state
departments must, in good faith, negotiate an agreement with CWINS, as
stipulated in the Executive Order; the sixteen departments are Agriculture,
Corrections, Education, Health Care Policy and Financing, Higher Education,
Human Services, Labor and Employment, Local Affairs, Military and Veterans
Affairs, Natural Resources, Personnel and Administration, Public Health and
Environment, Public Safety, Regulatory Agencies, Revenue, and
Transportation; and,
- are not required by the Executive Order for offices of the Attorney
General, Secretary of State, Treasurer, State Board of Education, and
governing boards of institutions of higher education, including CU; however,
each of these organizations may elect, at its discretion, to negotiate such
an agreement with CWINS. At this time, no higher education institutions in
Colorado have elected to participate in vertical agreements.
Impact on CU
Horizontal Agreements
- will affect CU's classified employees within a specific occupational
group, with the possible exception of those classified employees not covered
by the Executive Order: confidential, supervisory, managerial and
temporary;
- will be made by CWINS and the Governor's Designee, who will seek CU's
input during the negotiations process; and,
- may involve a small number of CU classified employees who wish to be on
and are chosen by CWINS for a CWINS employee partnership negotiating team
(more on this later).
Statewide Agreements
- will affect CU's classified employees, with the possible exception of
those classified employees not covered by the Executive Order:
confidential, supervisory, managerial and temporary;
Vertical Agreement
- is not in discussion at CU, because the Board of Regents has not elected
to opt for such an agreement with CWINS; therefore,
- there is no mechanism for CWINS to participate in bargaining or in other
formal partnership discussions with CU.
- is not dissimilar in definition from the role of the University of
Colorado Staff Council, as stated in Laws of the Regents Article 6.B.1(B),
-A University of Colorado Staff Council that serves as the universitywide
representative body for communicating to the administration and Board of
Regents matters of concern to exempt professionals and classified staff
employees of the university.
Classified Employee Membership in CWINS
- Classified employees covered by the Executive Order may choose to join
or not to join CWINS; however, pursuant to State Personnel Board Rule 1-18,
membership in CWINS may not be a condition of employment and employees may
not be coerced into joining or not joining.
- Employees benefit from the results of a partnership agreement, whether
the employees are dues-paying CWINS members or not.
- In January 2009, the Department of Personnel and Administration
authorized payroll deduction and use of a related form for CWINS dues. CU's
Payroll & Benefit Services (PBS) is prepared for such deductions, which
begin after PBS receives a CWINS membership form completed and signed by
each classified employee who wishes to have dues withheld from pay and
forwarded to CWINS.
- Representatives of CWINS have begun distributing the membership forms on
campus; however, representatives may not distribute forms during work hours
if supervisors are concerned about the times the forms are being
distributed, they should ask their human resources department for guidance.
- The form also available on the PBS website at
https://www.cu.edu/pbs/forms/downloads/ColoradoWins.pdf
CWINS' Access to CU Employees
Because higher education specifically is excluded from applicability of the
earlier-noted MOU between the Governor's Designee and CWINS, there is no
agreement between CU and CWINS for structured interactions during work time
between CU supervisors or classified employees and CWINS regarding
partnership agreements or university business.
- CWINS may interact with CU employees on non-work time-breaks, meal
intervals, annual leave or before or after shifts.
- CU employees who are members of CWINS may not engage in CWINS
recruitment activities during their work time. Likewise, CU employees' work
time should not be interrupted for recruitment purposes.
- CWINS may request and obtain permission to use campus facilities for
meetings on CU employees' non-work time if the campus regularly provides
such facilities to non-university groups, with or without a rental fee.
- CWINS may post flyers limited to CWINS business on campus bulletin
boards according to campus procedures if the campus regularly allows other
non-university groups to post informational flyers on such boards.
- Supervisors may distribute or make available CWINS business-related
flyers in common areas like break rooms if the campus regularly allows other
non-university groups to have such flyers distributed or available.
- CWINS may not contact CU employees by university email during work
hours.
- CWINS may not telephone CU employees at their university telephone
numbers during work times for any reason, including membership solicitation
or recruitment.
- Distribution of information regarding CWINS is the responsibility of
CWINS.
- CWINS may purchase advertisement space in the Silver & Gold Record at
rates and with access comparable to other external advertisers.
Employee Release Time for Partnership Activities
- For horizontal agreement meetings-Some CU classified employees may wish
to be CWINS delegates to partnership meetings to discuss with the Governor's
Designee matters of occupational group or statewide interest. If the
meetings are scheduled to occur during work time and if the work disruption
is minimal, supervisors may grant the time off as annual leave or leave
without pay.
- For internal CWINS meetings-Similarly, some classified employees may
wish to participate in matters that are purely internal to CWINS, such as
organizing, political or CWINS governance activities. It is likely these
matters will be scheduled for discussion during non-work time; if, however,
the meetings are scheduled to occur during work time and if the work
disruption is minimal, supervisors may grant the time off as annual leave or
leave without pay.
CWINS' Interaction with Supervisors and Other Members of CU's Administration
Because higher education specifically is excluded from applicability of the
earlier-noted MOU between the Governor's Designee and CWINS, there is no
agreement between CU and CWINS for structured interactions between CU
administrators and CWINS.
- Administrators are not obliged to consult with CWINS when contemplating
organizational or personnel changes in their organizations.
- Supervisors or department heads who are requested by CWINS
representatives to engage in interest-based bargaining or related training
should refer the CWINS representative to the campus human resources
department, because, as noted above, CU has no vertical agreement with
CWINS.
- Supervisors or department heads who are requested by CWINS
representatives to discuss department-specific employee issues should refer
the CWINS representatives to the campus human resources department, because,
as noted above, CU has no vertical agreement with CWINS.
- Under the State Personnel Board Rules, if supervisor and employee are
scheduled to have a pre-disciplinary meeting, the employee may choose to
have (or not to have) a representative accompany her or him. The
representative may be a co-worker, friend, attorney, CWINS member or any
other person, including a representative of another employee organization.
The person is in the meeting to give the employee support and to witness the
conversation. He or she may ask questions to help the employee understand
what is being discussed, but the person may not speak on behalf of the
employee. The university has no agreement with CWINS or any other
organization to provide that form of representation The supervisor does not
call or request a CWINS representative to be present in the meeting and is
not required to ask the employee if representation is desired. It is the
employee's choice.
Miscellaneous Matters
- CWINS membership buttons or pins may be worn by employees during work
time if such employees do not follow a department-required dress code or
wear a university-required uniform that identifies them as employees of a
particular campus department.
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