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> OER Manual > Procedure for Handling Employee
Organization Complaints of Alleged Unequal Treatment and Similar Complaints
During Representation Election Campaigns
Procedure for Handling Employee Organization Complaints of Alleged Unequal Treatment and Similar Complaints During Representation Election Campaigns DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES No.: OSER-17 Date: March 17, 1977 Subject: Procedure for Handling Employee Organization Complaints of Alleged Unequal Treatment and Similar Complaints During Representation Election Campaigns To: Recipients of OSER Bulletins From: Lanning S. Mosher, Director Designation of Agency Contacts As a result of representation petitions filed with the Maine Labor Relations Board, the Board has ordered elections in the Administrative Services Unit and Institutional Services Unit. Elections in the other established units will follow. We are establishing a complaint procedure for the resolution of complaints from employee organizations alleging unequal treatment, or other matters relating to the representation campaigns. The purpose of this procedure is to ensure that no activity which allegedly violates our policy of equal treatment and neutrality goes unreported by employee organizations, and to ensure that the State has a record of any action taken in response to any complaint. Attached is a tentative list of the central office personnel which we believe, based upon past experience, you would wish to designate as the person(s) to receive such complaints. Where appropriate, responsible officials should be designated at the local level in order to receive initial complaints at that level. Any changes in the names, titles, addresses and telephone numbers of designees should be forwarded to the Office of State Employee Relations for distribution to the appropriate employee organizations. The employee organizations will be asked to direct the complaints, insofar as possible, to the appropriate level. Generally, complaints should be addressed in the first instance to the local level. If the institution or local designee cannot dispose of the problem, or has any questions as to how to handle it, he should request advice of the agency central office designee. If the central office designee cannot dispose of the complaint, or would like advice from OSER as to the State's policy with respect to the complaint, the matter should be referred to OSER. When calling OSER, the designee should state that he is a central office designee and wishes to consult about campaign practices. He will be referred promptly to the OSER staff member responsible on that day. Processing of Complaints A suggested form (a copy of the form and a sample copy with instructions are attached), has been prepared to assist in processing such complaints. While use of such form is not mandatory, its use will be helpful to OSER. Whatever form is used, it is important to keep a written record of each complaint and the action taken with respect to it. If one of the central office designees has disposed of a complaint which he feels is particularly significant, a report of such disposition (on the attached form, if possible) should be sent to OSER. In connection with the disposition of complaints, the following guidelines
should be followed: 1. Disposition of complaints should be handled quickly by informal contacts such as a telephone call or, if essential, an informal meeting of as small a group as necessary to dispose of the matter. 2. Guidelines prepared to enforce the State's position of neutrality during the campaign are contained in OSER-5, October 23, 1974, and OSER-16, February 2, 1977. 3. If disposition of a complaint will result in a local policy change or establishment of a local policy with respect to representation election campaign procedures, other employee organizations having a right to appear on the ballot in the bargaining unit involved should be given a reasonable opportunity to comment prior to the change or policy being put into effect. A reasonable opportunity to comment may be a matter of minutes, a long or indefinite period (e.g., "if you have comments later on, let me know"), as may be reasonable under the circumstances. 4. Genuine consideration should be given to employee organization views.
The overall standards for disposition are (a) even-handed treatment of
interested employee organizations, (b) avoidance of annoyance to the
public, and (c) avoidance of interference with the agency's operation.
Disposition of complaints is a matter on which local supervision will
have to bring its best judgment to bear.
Complainant: Tel. # Agency or Organization Complained of: Facility Involved: Event or Conduct Complained of: Date(s) of occurrence(s): Complainant's Source (if possible): Tel.# Facts: Agency Response Agency Central Office Contact Tel.# Source (in the field): Facts: Agency Disposition
Complainant: (Name, Title & Affiliation) Tel. # Address: Agency or Organization Complained of: Facility Involved: Event or Conduct Complained of: Date(s) of occurrence(s): Complainant's Source (if possible): Tel.# (Name, Title & Affiliation) Address: Facts: (Use separate sheets if necessary and attach copies of written material. Examples: Names and titles of persons involved specific location, times and dates, form of propaganda (attach copy) and date distribution was made and such other facts as are necessary.) Agency Response Agency Central Office Contact Tel.# Source (in the field): (Name, Title & Affiliation) Address: Facts: (Use separate sheets if necessary and attach copies of written material.) Reports must include names, titles and addresses of persons with direct knowledge of facts (e.g. saw with own eyes, personally made decision, personally spoke to) and must recite specific facts such as outlined above. If conduct is involved, is conduct a long term or common practice; is it pursuant to written policy (attach copies)? Agency Disposition (Discuss in advance with agency central office designee if necessary or desirable.)
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