Information Bulletin Regarding State Collective Bargaining

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537

No.: OSER-3

Date: June 24, 1974

SUBJECT: Information Bulletin Regarding State Collective Bargaining

TO: All Holders of Employee Relations Manual

FROM: Governor Kenneth M. Curtis

At the present time, there are increased organizing activities directed toward State employees. You, as management, must be careful to give the same privileges and information to all groups and subject them to the same rules and restrictions.

POLICY OF FAIRNESS

It is, first of all, important that there be no favoritism between organizations seeking to represent State employees. The memorandum from the Director of personnel dated January 16, 1969, and Personnel Memoranda 7-73, dated April 13, 1973, and 17-73, dated October 3, 1973, will be helpful in this area (copies attached).

CENTRAL DISTRIBUTION OF PERSONNEL INFORMATION

It will be the responsibility of the Office of State Employee Relations to coordinate the collection and distribution of information about State personnel to recognized employee organizations. This information will include the department, class and range code, name, Social Security number, home address,

IMPORTANT BULLETIN - TO BE RETAINED IN EMPLOYEE RELATIONS MANUAL

zip code and municipality of employment of each employee. This will require adding home addresses, zip codes and municipality of employment to the attached three-part machine run employee roster. Some additions and deletions may also be required.

State House Station 79, Augusta, Maine 04333 - Offices Located on 2nd Floor, State Office Building

The original should be returned to the Personnel Department by July 10, 1974. Then, you should consult Chapter 774, Section 979-A-6 and add an additional designation to the second part, indicating any employee who, in your judgment, will be an exception to the Chapter and your reason by referring to A through G of this Section. This second part should also be returned separately to the Personnel Department by July 12, 1974. The third part is to be retained for your own record. After a review is made, copies of the original will be made available for appropriate distribution.

USE OF PUBLIC FACILITIES

Requests for meetings in or on public property shall be granted under the same guidelines, procedures and restrictions as now exist. If a union organization, or employees seeking union participation, make such a request, they should be treated in the same manner that any other church or civic organization or non-official activity has been treated in the past. Any restriction or limitations upon activity by assembled group shall be continued, but every effort should be made to be consistent - not only with past decisions but with decisions relating to competing union groups.

Preferably, all such decisions should follow existing rules and regulations or written departmental policy. Where no written policy or rule exists, a request should be made to this office for determination. A written record of decisions and determinations should be maintained.

Enclosures

CAPITOL AREA SECURITY REGULATIONS

The undersigned, State Director of Public Improvements, being duly authorized by Section 1742-A of Title 5 of the Revised Statutes as enacted by Section 17-B of chapter 622 of the Public Laws of 1971, and with the approval of the Governor and the Commissioner of Finance and Administration, establishes the following regulations governing the use, occupancy and security of all parks, grounds, buildings and appurtenances maintained by the State, at the Seat of Government, at Augusta, Maine.

Section I. Definitions.

The following words and phrases, when used in these regulations, shall have the following meanings, unless a different meaning is plainly required by the context:

1. "Capitol Area" when used in these regulations shall mean the land, buildings, personal property and facilities owned, leased, occupied, used or possessed by the State in of at:

1. The Capitol Area described in 1 M.R.S.A. Section 814, and
2. The District Court Building on State Street, and
3. The State Police Barracks and Garage on Hospital Street, and
4. The Augusta airport, and
5. The Blaine Memorial, and
6. The Vickery and Hill Building.

2. "Time" whenever certain hours of time are named herein shall mean Standard Time or Daylight Time as may be in current use in this State.

3. "Mini-bike" shall mean any motor operated two-wheel vehicle not licensed by the Secretary of State, Div. of Motor Vehicles.

4. "Person" every natural person, firm, partnership, association or corporation.

5. "Police Officer" every officer of the Capitol Police, State Police, Augusta City Police, the sheriff or any of his deputies, or any other officer authorized to make an arrest for violation of law in Augusta.

6. "Snowmobile" means any vehicle propelled by mechanical power that is primarily designed to travel over ice or snow supported in part by skis, belts or cleats.

Section II. Regulations.

1. The State Director of Public Improvements, the Superintendent of Buildings and Grounds, are empowered to close, secure and limit access to all or a portion of the Capitol Area at stated times during hours when the state offices are closed or, without prior notice, at any other time should a situation develop wherein all or a portion of the Capitol Area becomes jeopardized by the actions of any person or persons.

2. No person shall cause or participate in a demonstration of any nature in the Capitol Area unless written permission for such demonstration has been obtained from the Superintendent or Assistant Superintendent of buildings and Grounds. An application, in writing, setting forth information as may be required, is necessary prior to the granting of any permit.

3. No person shall cause injury or damage to the trees, shrubbery or flowers in the Capitol Area, or damage, mar or deface the buildings, personal property or facilities thereon in any way.

4. No person shall attach or place a handbill or advertising material on any vehicle parked in the Capitol Area.

5. No person shall allow a pet to enter the Capitol Area without a physical restraint.

6. No person, except a Police Officer on duty, shall carry firearms, dangerous weapons, explosives or incendiary devices in the Capitol Area, without a written permit issued by the Superintendent or Assistant Superintendent of Buildings and Grounds.

7. No person shall consume any intoxicating beverage in the Capitol Area.

8. No person shall discard litter, as defined in 17 M.R.S.A., Section 2263, subsection 2, in the Capitol Area except in the containers provided therefore.

9. No person shall, without the prior written authorization of the Superintendent or Assistant Superintendent of Buildings and Grounds, light or add fuel to an outdoor fire in the Capitol Area, except one which is confined to a fireplace furnished for that purpose by the Superintendent of Buildings and Grounds.

10. No person shall solicit, give away, canvass, sell or offer for sale items or materials, or make collections for past or current obligations in the Capitol Area without written authorization from the Superintendent or Assistant Superintendent of Buildings and Grounds.

11. No person shall operate a mini-bike or snowmobile in the Capitol Area.

12. No person shall utilize the Capitol Area for any type of sports or athletic events, either formal or informal, except in those sections designated by the Superintendent or Assistant Superintendent of buildings and Grounds.

13. Persons or organizations seeking to use a designated portion of the Capitol Area may obtain a written permit by applying, in writing, to the Superintendent or Assistant Superintendent of Buildings and Grounds and specifying the use intended and the persons responsible for the supervision of the activity.

Section III. Penalties.

Any person found guilty of violating any of these regulations shall, upon conviction, be punished as provided in Revised Statutes, Title 5, Section 1742-A Chapter 153, subchapter II as amended.

Dated this 1st day of November
1972 A.D., at Augusta, Maine

APPROVED:

/s/ Kenneth M. Curtis
GOVERNOR OF MAINE

/s/ M. F. Williams
Commissioner of Finance and
Administration /s/ Niran C. Bates
State Director of Public
Improvements
Attest::
/s/ Joseph T. Edgar
Secretary of State

(seal)

STATE OF MAINE
Department of Personnel

October 3, 1973

PERSONNEL MEMORANDUM 17-73

To: Chief Executive, All Department/Agencies, Etc.

Subj: Organizations representing employees.

Particularly during recruitment drives sponsored by organizations representing employees, it is not unusual that supervisory-level personnel may be charged, very often without justification, with discrimination, favoritism, harassment or other practices which would tend to influence the decision of an employee to join or not join such organizations.

By law, employees have a right to organize and to join or not join, without interference.

It is equally important to point out that such recruitment drives, or volunteer work for an organization performed by members, should take place during other than normal working hours, and that activities should not interfere with the normal transaction of state business. The statutes provide for visitations by organization representatives under certain circumstances. In these instances it is, of course, expected that arrangements for visiting will be made with appropriate officials of the department involved.

This memo is a reminder that memoranda on this subject have been issued by this office, specifically in Interdepartmental Memorandum from the Director of Personnel, dated January 16, 1969, and personnel Memorandum 7-73, dated April 13, 1973.

It is requested that all supervisory personnel be made aware of these memoranda, and that they be reproduced and posted on each bulletin board within your jurisdiction.

NICHOLAS L. CARAGANIS
Director of Personnel

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MAY BE REPRODUCED LOCALLY TO MEET DISTRIBUTION NEEDS

State House Station 79, Augusta, Maine 04333 - Offices Located on 2nd Floor, State Office Building

STATE OF MAINE
Department of Personnel

April 13, 1973

PERSONNEL MEMORANDUM 7-73

To: Chief Executive, All Departments/Agencies/Etc.

Subj: Orientation of Employees - Employee Representative Organizations

Until such time as any one or more employee representative groups has/have been legally certified as the bargaining agent(s) for employees in a bargaining unit or for all employees in the State of Maine's classified service, the decision of joining, or not joining, any or all of the employee representative groups is a matter of individual choice. To this extent, neither the appointing authority nor his designated representative shall use his/her official position to influence such a decision.

Currently there are two principal organizations with which employees may become associatedThe American Federation of State, County and Municipal Employees (AFSCME, AFL-CIO) and the Maine State Employees Association (MSEA). There could be more; the issue is not numbers but how best to inform an employee, particularly a new one, as to what may be available without running the risk of being accused of favoring one organization over the other(s).

Hence, the following procedure is suggested:

PERSONNEL MEMORANDUM 7-73 April 13, 1973

· No indication, implied or stated, will be made to encourage or dissuade the individual from his/her decision to refrain from or becoming associated with any employee representative group.

· When orienting an individual, especially as pertains to benefits, responsibilities, rights, etc., as a state employee, he/she be made aware of the privileges, benefits, etc., that are available but not directly attributed to the State. (Appendix A may be reproduced or used as a sample thereof.)

· Individuals be informed that contact is to be made directly to addressees, or with organization local representative at times other than normal duty hours.

· Promotional, educational, informational and other material supplied by employee representative groups be given equal exposure as local office bulletin boards, tables, racks, etc., can accommodate.

· Employee representative groups be advised that displayed/posted material, except for that identified as "permanent," will be removed upon expiration date of cited event, or after thirty days, whichever occurs first.

Your immediate attention and cooperation to this rather sensitive matter will be greatly appreciated.

NICHOLAS L. CARAGANIS
Director of Personnel

APPENDIX A

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MAY BE REPRODUCED LOCALLY TO MEET DISTRIBUTION NEEDS

State House Station 79, Augusta, Maine 04333 - Offices Located on 2nd Floor, State Office Building

APPENDIX A TO PERSONNEL MEMORANDUM 7-73

To: Employees

The following organizations are available to assist you or provide benefits

available to you:

Council #74, AFSCME, AFL-CIO
16 Bangor Street
Augusta, ME 04003
Tel: 622-6191

Maine State Employees Association
65 State Street
Augusta, ME 04330
Tel: 622-3151

Income protection is available through both of the employee representative groups.

Maine State Employee's Credit Union
State House Complex
Augusta, Maine 04330
Tel. 289-3341

*State Employees Appeals Board
85 Exchange Street
Portland, Maine 04111
Tel: 772-2848

*For grievance appeals other than those involving position
classification and pay. Normally, pertinent information will be made
available during the initial first four steps of appeal procedure from
employing agency.

For additional information regarding any of these organizations, please

make inquiry directly to the organization or local representative.

MAY BE REPRODUCED LOCALLY TO MEET DISTRIBUTION NEEDS


STATE OF MAINE
Inter-Departmental Memorandum

Date: January 16, 1969

To: All Department & Institution Heads Dept.
From: Willard R. Harris, Director Dept. Personnel
Subject:

It has been brought to the attention of the Personnel Board that, in some instances during the orientation and processing of new employees, there may be subtle influence or implied pressuring exerted to direct attention toward joining certain organizations representing employees. It is felt by the Board that any such action is not in the best interest of the State, as it may tend to give the new employee the impression that this represents an official request or attitude.

Therefore, it is strongly urged by the Personnel Board that those individuals engaged in the orientation and processing of new employees be instructed to not, in any manner, indicate discrimination or partisanship regarding the joining of any of the organizations which may be representing state government employees.

New employees having questions regarding any of these organizations should be advised to make inquiry directly to the organization (s).

WRH/jb

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