What is next for Bay Area Hospital contract negotiations?
We are operating our contract negotiations under the State Law that covers Public and quasi-public employers and the unions representing the employees, of public employers.
The State Law is referred to as PECBA (Public Employees Collective Bargaining Act). For the complete version of the PECBA as it pertains to Collective Bargaining, Mediation Services, the right of the employer to implement their last offer or a portion of their final offer, and the right for the employees to strike, click here.
The Law requires a number of steps designed to help the parties reach agreement. The Law requires the parties to bargain in “good faith”, for at least 150 calendar days. At BAH, we hit the 150 days on April 13, 2009. If the parties are at impasse then either party may unilaterally request Mediation.
Once a Mediator is appointed, the Mediator will schedule bargaining sessions. If the first Mediation is unsuccessful additional meeting sessions may be scheduled. We are required by law to be in mediation for a minimum of 15 calendar days. After the 15 days the parties may continue mediation or either party call for the next step by declaring an impasse in negotiations.
Should a settlement be reached in mediation, the terms of the settlement along with the agreed contract language, is sent to a ratification vote by the union members to vote on as a “tentative agreement”. If no settlement is reached within the 15 days of the first session, the parties either continue in Mediation or either party, including the Mediator can declare an impasse.
Within 7 days of the declaration of impasse has been filed with the Mediation Services both parties are required to submit their final offer and cost summaries of the final offer to the Mediator. After the Mediator receives, the final offers and cost summaries and proposed contract language, the Mediator makes them available to the public.
Once the Mediator releases the final offers of the parties to the public, a “30 day cooling off period” is imposed. The purpose is to allow for further attempts to resolve the dispute, prior to the parties’ exercising their self-help measures.
The self-help measures mean: that the employer may implement their final offer or portions of their final offer and the union can call for a work stoppage, a strike.
If our members vote for a strike, we are required to give 10 days notice of our intent to strike. The notice must specify the first day of the strike and the reasons for the strike, including a list of unresolved issues.
The notice must be sent during the 30 day cooling off period; however the strike can not start during the 30 day cooling off period.
The Employer as I stated may implement its final offer, however the employer is required to give at least 5 days notice to the Union of its intent to implement it offer or a portion of their final offer.
It is our intent to do what we can to reach an agreement. We have been reviewing comments from members concerning why they voted the last offer down and the Bargaining Team and the Steering Committee will be developing a strategy to mount a contract campaign to assist in getting a “fair and equitable” contract for our members. Make sure to stay informed and keep up to date by viewing our BAH web page and be sure you are ready to come to meetings to get up to speed and to identify your role in getting this contract settled. This is your contract don’t let some one else make a decision for you.
