ESC Local 20 PG&E Steward Training Module 4: Jurisdiction

Transcription

1 Why is jurisdictin imprtant? Jb Security Jb Quality This is YOUR jb that yu were trained fr ESC is a unin f prfessinals. Our wrk jurisdictin is the cntrl we have ver the standard f wrk we perfrm. If we allw thers t d ur wrk, we cannt vuch fr the quality f the prduct. The Unin is a bargaining unit at PG&E because f the Natin Labr Relatins Bard recgnitin, listed in sectin 3.1 f the Cntract. Bargaining Unit, a very cmmn legal term, is cmmnly abbreviated BU and nnbargaining Unit is NBU. ESC has nly ne bargaining unit at PG&E, called Prfessinal and Technical; IBEW has tw bargaining units: Physical and Clerical. There is als a bargaining unit f security guards at DCPP nly which is represented by the unin SEIU. Lss f jurisdictin is smetimes called ersin f the Unit. Ersin f the Unit can ccur when wrk that is the jurisdictin f the Unit is eliminated, assigned t thers utside f the Unit (i.e. managers r cntractrs) r psitins are nt filled when they becme vacant. It takes cnstant vigilance t maintain the Unin s jurisdictin. Stewards are ften the first t knw a jurisdictinal issue. Staffing decisins are generally a management prergative, but the cntract prvides that use f temprary emplyees r nn-bargaining unit emplyees nt cause an ersin f the unit. Management may intrduce new wrk prcedures. It is vital t assert jurisdictin when apprpriate. Otherwise it can lead t an ersin f the Unit.

2 Management rights: Sectins 27.1 & 27.2 f the cntract Frm 27.1: Management f the Cmpany is vested exclusively in the Cmpany, including: direct and supervise hire, prmte, demte, transfer suspend and discipline r discharge fr just cause plan, direct and cntrl peratins lay ff fr lack f wrk r ther legitimate reasns t intrduce new r imprve methds r facilities prvided, hwever, that all f the freging shall be subject t the prvisins f this Agreement, arbitratin, r Review Cmmittee decisins r letter agreements r memrandums f understanding clarifying r interpreting this Agreement. (Added 7/1/72) Frm 27.2: (a) Nn-unit emplyees shall nt perfrm wrk usually assigned t bargaining unit emplyees except (1) emergency situatins, (2) training f emplyees and demnstrating wrk methds, (3) wrk which is incidental t their assigned duties and de-minimus. Wrk perfrmed by nn-unit emplyees under the circumstances listed abve shall nt cause an ersin f the unit thrugh demtin, layff r attritin. (Amended 1/1/88) (b) Outside Cntractrs: The Cmpany may, at its discretin, assign such wrk t utside cntractrs prvided that such cntracting ut shall nt, within 120 calendar days f the letting f such cntract, cause a layff r demtin in rate f pay by reasn theref f any emplyee in the bargaining unit wh is engaged in the same type f wrk r activity as that invlved in the wrk which was cntracted. Befre cntracting ut wrk nrmally perfrmed by bargaining-unit emplyees, Cmpany will ffer and schedule vertime s lng as it is ecnmically feasible and peratinal time cnstraints can be met. (Added 1/1/00). (c) Temprary Agencies: The Cmpany may use the Services f temprary agency persnnel prvided that in the exercise f such right the Cmpany will nt make a cntract with any cmpany r individual fr the purpse f dispensing with the Services f emplyees wh are cvered by the bargaining Agreement. The fllwing guidelines will be bserved; (1) Where temprary services are required fr a limited perid f time nt t exceed 120 calendar days, such as an emergency situatin r fr a specific special functin. (2) Where the regular emplyees at the headquarters are either nt available r nrmal wrk lads prevent them frm ding the wrk during the time f the emergency r special functin situatin. The Unin Business Representative in the area shuld, if pssible, be infrmed f the Cmpany's intentins befre the agency emplyees cmmence wrk. (Added 1/1/88) 2 P a g e

3 (d) A mnthly salaried exempt emplyee may be assigned unit wrk as part f the emplyee's career develpment training prgram fr the sle purpse f familiarizatin with the wrk fr a perid nt t exceed a maximum career ttal f 90 calendar days. Such training assignments shall nt be utilized fr the purpse f circumventing the authrizatin f additinal bargaining unit psitins r t avid permanently filling vacant bargaining unit psitins. (Added 1/1/83) Other peple ding yur wrk 1) What is yur wrk? The unit s jurisdictin is wrk usually assigned t bargaining unit classificatins. That is usually described by the Cntract in jb descriptins. Other dcuments that can describe the unit s jurisdictin are: Cntract jb descriptins fr hurly psitins are in Exhibit D (part f the main cntract), jb descriptins fr Mnthly psitins are in Appendix 1 (nt printed with the main bk) Review Cmmittee Decisins Labr Management Cmmittee minutes Letter f Agreements Past Practice Agreed-t training prgrams (especially fr ESC jbs with shrt jb descriptins in Exhibit D) Wrk prcedures, manuals and jb aids 2) IBEW: Clerical r Physical Sme wrk is exclusively ESC. Sme wrk is shared with management r ther BU s (i.e. the IBEW). When ESC wrk is assigned t a nn-esc emplyee, d nt grieve the emplyee, grievance is always against supervisr fr directing r permitting nn-esc emplyees t perfrm BU wrk. 3) Supervisrs and Managers and nn-supervisry nn-unin emplyees (27.2) There are limited exceptins that allw supervisrs and managers t d BU wrk: De minimis rule f thumb: 15 minutes except fr specified new grups (sme f thse rganized after 2009) Emergency. Nt all strms are Emergencies. In fact, strms are predictable and regular events, and PG&E has emergency perating plans t prepare fr them. Unless the strm is such a magnitude that all hands n deck is declared, the unin jurisdictin remains in place and every emplyee shuld fllw their strm duties. Training 3 P a g e

4 Nte: Many grups have entry engineer language that allws mre than 90 days f ding BU wrk fr training. In any case BU wrk dne by NBU cannt cause an ersin f the unit. 4) Other ESC emplyees (example Lcal Headquarter Estimatr vs. RMC Estimatr, Prject Manager r Land Agents) Other ESC emplyees ding yur wrk are a different case than NBU ding yur wrk. The wrk is staying in the BU, but by the cntract the inapprpriate classificatin may be assigned the wrk. There are a number f ways that the Unin asserts internal jurisdictin. Keep in mind that there is ften shared jurisdictin between classificatins and that the Unin may chse nt t assert internal jurisdictin. Ways t address internal jurisdictin: Talk t yur c-wrkers. Attempt t settle internally befre ging t supervisrs. D nt grieve the emplyee, always the supervisr. Internal jurisdictin can als be enfrced by upgrade grievances r qualificatins fr that wrk. 5) Outside Cntractrs. The Cntract permits cntracting (utsurcing), with sme restrictins. There can be n ersin f the Unit within 120 days f cntracting. The Unin asserts that management is suppsed t use vertime befre cntracting ut. The Unin als challenges the distinctin between Cntractrs and Temprary Agencies emplyees. The Legal distinctin between legitimate cntractrs and temprary agency staff is based n the fllwing factrs: Legitimate Cntractr (27.2.b) Temprary Agency (27.2.c) Wrks ff site Has wn clerical supprt, address and phne Own supervisrs assign wrk at daily/weekly level Ges t ther cmpany staff meetings Wrks under a large scpe cntract Ex: PG&E hires Bechtel t design an entire new substatin 4 P a g e Hw t identify PG&E prvides ffice space, address, phne and clerical supprt PG&E supervisrs (r emplyees) assign and check their wrk Gets frequent directin and guidance frm PG&E persnnel Wrks n many little prjects and is always arund Cmes t PG&E staff meetings Trained by PG&E persnnel Ex: PG&E uses Agile1 t supply tw

5 Cmpany may use such cntractrs. Only tw limiting factrs: 1. n layff r demtin within 120 days 2. ffer and schedule OT t BU emplyees first What cntract says Prject Cntrls Analysts wh supprt PG&E emplyees Only can be n-site fr 120 days Cannt be used t dispense with services f BU emplyees 6) Hiring Hall Staffing is the preferable slutin, but ften agency emplyees are cnverted t Hiring Hall. Hiring Hall is a cntractual way fr PG&E t bring n temprary emplyees (but nt within 120 days f a layff). Hiring Hall are temprary emplyees (n senirity r bidding). They are either retired PG&E emplyees r ff-the-street hires wh enrll in the hall and must meet the requirements f the psitin (meaning the PTB and Tech Test fr Estimatr and Mapper psitins) HH are fr a specific HQ. They cannt mve t ther HQ s. Open t all classificatins including Leads, if there are n bidders fr temprary Lead assignments The HH agreement has prvisins that prvide fr vertime fr estimatrs and mappers that incent staffing One year limit except when: cmpany can t fill psitin, fill behind emplyee, training fr estimatrs. HH are paid per the prvisins f Exhibit C and als receive health insurance (a limited plan, nt the same as regular emplyee benefits ) r $8.22/hr in lieu f benefits. Retirees may nt want t wrk as Hiring Hall, because they cannt maintain their retiree health insurance while wrking fr PG&E. In this case, ESC has a cntract with the firm Canus wh will dispatch thse emplyees. 7) Reprting f Outsurced Wrk Wrklad Oversight is a requirement fr management t reprt all utsurced wrk n a quarterly basis. Management reprts fr each prject the name, date f cntract, amunt f wrk measured in FTE s (Full Time Equivalents), and the reasn fr utsurcing fr many ESC grups. These cntracting reprts are presented and discussed at the quarterly Labr- Management meetings (fr Design, Engineering, ATS, and DCPP). 5 P a g e

6 If yu are tld t d wrk utside yur classificatin 8) Higher Classificatin Upgrade Extra pay: 2.5% r bttm f rate if higher weekly classificatin, 5% r bttm f rate if higher mnthly classificatin (Title 15.3) Upgrade pprtunities shuld be ffered by senirity (Title 21.7(b)) Upgrades lasting lnger than 6 mnths trigger creatin f a new jb (Title 15.3(d)) What is a higher classificatin. Cmpare the salary maximum f bth classificatins. Upgrades utside f Bargaining Unit Less than 10 days ( Timecard basis): 5% upgrade, yu get meals and OT per unin cntract. Mre than 10 days (ld yellw tag ): n guarantee f 5% but yu get what yu negtiate. Their prgressin in training prgrams is put n hld. They still pay dues but are nt represented fr purpses f discipline. They can return t their previus nn-upgrade psitin at any time. Emplyees n upgrade utside f BU may nt perfrm BU wrk. (see 1987 cntract cver letter) 9) Nt higher classificatin wrk General rule is wrk nw, grieve later. Steward shuld challenge inapprpriate assignments. This ften can stp the infractin, but always avid insubrdinatin. Cntact unin rep t discuss if a grievance shuld be filed. Yu CAN refuse an unsafe wrk assignment Be Creative! Shw yur bss why the assignment is a jke. Challenge PG&E n standards r safety. 6 P a g e