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Union Bargaining Team tells management to back up claims with facts

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Dec. 22, 2005 - Although most of the work during the Dec. 20-21 bargaining session was done in subcommittees, the work was noteworthy because the two sides are close to agreements on at least two articles (details on this will be coming in a later Bargaining Update).

Subcommittees were used to facilitate discussion on a number of issues including sick leave, disability leave, occupational injury leave, workers' compensation, FMLA and the State's proposal for a wide-ranging expansion of management's rights.

The move into subcommittees marks the beginning of a phase in negotiations where, unfortunately, there is not a lot of substance on which to report. Subcommittees spend a lot of time trying to flesh-out what each side really wants and thinks is important. It's a period where lots of "what-ifs," "supposals" and other non-binding methods are used to see if one side understands the goals of the other. These methods are also used to see if one side is wedded to a specific solution or may be open to considering alternative methods.

Subcommittees also are time for separating "tall tales" from reality. For example, management's negotiators describe a lot of things as "major problems" when, in fact, the problem involves only a handful of employees.

Indeed, in nearly every one of its main-table proposals, management had made sweeping claims of problems that needed fixing and costs that needed to be controlled. In subcommittees, OCSEA representatives took steps this week to force management to back up their stories with facts.

Union negotiators also made it clear that there was no point in further discussion about some of management's concerns until they could provide data and documentation for their claims. For example, OCSEA asked for a long list of data on disability to determine how valid management's claims are that state employees frequently abuse disability leave.

The union also pressed management for an explanation of why so many employees are turned down for occupation injury leave and why there is an inadequate appeals process. When management attempted to place the blame on the company hired to administer the program, OCSEA negotiators demanded to see a copy of the company's contract.

Negotiators return to the bargaining table and subcommittee meetings Wed., Jan. 4 , and Thurs., Jan. 5 . Remember to wear your green Union Power bracelets.