When an mou expires

[fred82]

What is the name of your state? California

I work for a county goverment, and work 12 hours a day, 2 days one week and the 5 days the next. What I would like to know is when our MOU expires can the county change our work schedule to what ever they want. The '12 plan' was negotiated and placed into the mou for the past 10 years.
I hope this makes sense, and I thank you in advance for the answers.

Felix

 

[NoDimBulbs]

MOU Expiry

In California, when Public Employees bargain a new contract, there is an obligation on the employer to negotiate in good faith (from Section 3500 of the California Government Code, also called The Meyers Milias Brown Act). If neither side makes progress toward a renewed agreement for some number of meetings, and the two sides reach impasse, the employer may implement the terms of their last best offer. Of course, this only applies once the term of the former contract has expired.

At this point in time, the employees may employ job action tactics to pressure a settlement, and sides may agree to try to mediate a settlement.
One thing that kills credibility is "retrograde bargaining". This occurs when an employer has proposed something that is tentatively agreed to, and then retreats from that agreement. (This can happen on an item-by-item basis).

If the employer has proposed a change to the 12-hour schedule as part of bargaining and has stuck to it without wavering in the settlement package proposal, they could implement their last best offer as reflected in their last settlement proposal. That could include a change in schedules. However, they cannot unilaterally change schedules in retaliation for impasse in bargaining (remember the requirement for "good faith" in bargaining

 

[fred82]

More help with MOU

Thanks for the reply, here is the exact part of the MOU which states about our work schedule and the second talks about an alternative schedule any thoughts?

5. DAYS AND HOURS OR WORK-OVERTIME

5.1 Work Week

The County and the Union agree to maintain and continue to abide by the 12 plan schedule presently in effect at the County work site. The base compensation for employees shall be based on eighty-four (84) hours per bi-weekly pay period. The base compensation shall be payment in full for all services rendered to the county except otherwise provided.

5.8 Alternative Schedules

5.8.1 Flex Hours

The County and the Union shall negotiate, on request, flex time schedules on a department by department basis. Such negotiations shall be conducted between the Union and the County's designated negotiator.

Flex-time schedules are those alternate work schedules, including but not limited to a "4-10" plan or a "9-80" plan, which do not violate the Fair Labor Standards Act or Section 5.3 of this memorandum, unless otherwise agreed by the parties. No flex schedule arrangement shall be implemented until the County and the Union adopt a memorandum of understanding specifically setting forth provisions of the schedule with respect to overtime, holiday, sick leave, and other affected benefits.

The County and the Union agree that when a written request for a flexible work schedule is denied, the Appointing Authory or disignee shall respond to the request in writting (within 14 days) stating the reasons for the denial.

 

[NoDimBulbs]

more information

Okay, I negotiate contracts with very similar language to your alternate work schedule sections. These include the 4-10's and crazy 9's as you ahve in your contract.

You have to understand that the 12 hour shifts with the 84-hour base is actually beneficial to the County because of the ease of scheduling and the four extra hours of straight-time overtime. Most of the time, I find that the Counties want to keep the 12-hour shifts. Actually, most of the time I'm trying to find a way to stick our Counties with 12's and an 80-hour base (not there yet, because the employees like the 12's too much to fight out the four hours time-and-a-half).

If the County was (for some reason) to monkey with the working conditions in any manner different than their last best proposal, and in such a way as would punish the employees for holding out for a better contract, they could open themselves up to an unfair practice charge under PERB (the Public Employment Relations Board).