Employee Organization Activities

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

No.: OSER-32

Date: April 12, 1983

Subject: Employee Organization Activities

To: All Holders of Employee Relations Manual

From: Kenneth A. Walo, Director

Collective bargaining agreements between the State and all bargaining agents expire on June 30, 1983. Under State law, the "window period" for decertification and/or change of bargaining agents is from 90 to 60 days prior to the expiration date of such agreements.

Because we are now in the "window period", organizing activities by various unions are now occurring. Some agencies have complained about violations or disregard for policies in effect. There have been allegations of improper acts of solicitation, distribution of organizational materials and unauthorized access to employees during work time in work areas.

Under well-established law, the State as employer must maintain complete neutrality during the organizing process. Neutrality must be maintained by all agents of the State, including supervisors. ER-28, issued April 10, 1981, sets out general guidelines for supervisors, employees and employee representatives concerning activities during organizing periods.

Please review immediately ER-28 with your agency representatives and take appropriate action to ensure that all employees are aware of the guidelines for organizational activities. You should also inform employees of the seriousness of any violations and the probability of disciplinary action resulting from involvement.

Although it is presumed that employees and bargaining representatives will adhere to stated policies, violations cannot be tolerated. Appropriate action is to be taken to prevent violations, including necessary discipline of employees who, as agents for the employer, violate the neutrality principle. Limited or restricted access of employee organization representatives may be necessary if representatives attempt to organize during work time or otherwise violate the policies.

All complaints from employee organizations regarding unequal treatment or enforcement of the guidelines should be handled in accordance with OSER-17. Please review this policy with attention to the procedures for documenting incidents.

Any questions from institutions and field facilities should be directed to the central agency administrative staff, who will contact this office as necessary.

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Employee Organization Activities