August 16, 2010

WFSE/AFSCME files unfair labor practice (ULP) complaints over illegal skimming in Corrections, General Administration

The union has filed a pair of unfair labor practice complaints against unilateral skimming of union members’ work in the Department of Corrections and the Department of General Administration.

CORRECTIONS. The union on July 29 challenged DOC’s unilateral movement of some 15 Community Corrections specialists out of the bargaining unit and into positions not protected by contract rights. That move took place June 16. No negotiations took place, despite the union’s formal June 11 demand to bargain. The complaint also alleges that the agency circumvented the contract by contacting affected employees directly rather than bargaining; that constitutes illegal interference. The requested remedies include restoring the employees to the Community Corrections specialist positions and restoring the work.

GENERAL ADMINISTRATION. The Federation on Aug. 11 filed an unfair labor practice complaint over GA’s laying off of some 16 Tenant Improvement Services (TIS) and six Buildings and Ground (B&G) employees—and then contracting out their work. The union scoured the contracts and discovered that “at least 28 of the contracts, representing a minimum of 5,500 hours of work, was work traditionally and historically performed by members of both the TIS and B&G units who had been laid off, and some was work they had originally been scheduled to perform.” The union complaint says GA should: reimburse the affected employees for the wages lost to the contracting out; reinstate the employees to their old positions; and return current or future work to the bargaining unit.

“Skimming” is the term used when management moves employees and work out of a bargaining unit.

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