Sample Operating Agreement

LABOR MANAGEMENT AGREEMENT
BETWEEN
THE CIVIL SERVICE EMPLOYEES ASSOCIATION
LOCAL _____ AND _____

PREAMBLE

The parameters outlined in this document are meant to help management and labor
join together with the goal of supporting and retaining a strong, creative, and motivated workforce.

Consistent with the provisions of Article 31 of the collective bargaining agreement between the State of New York and The Civil Service Employees Association, labor management meetings shall occur for the purpose of discussion to attempt to resolve matters of mutual concern, including matters concerning implementation and administration of the Agreement which are local in nature.

The results of a labor management meeting held pursuant to this Article shall not contravene any term or provision of the Agreement or exceed the authority of either party.

The continuing opportunity to exchange information and views serves to clarify the interests of the parties and foster solutions to identified problems.

The Civil Service Employees Association Local ____ and the ____ have reached the following agreements with respect to the labor management process:

COMMITTEE COMPOSITION

The local level labor management committee (LMC) membership shall consist of a minimum of ___ and a maximum of ___ representatives each from both CSEA and management. Each party shall designate one representative to be its chair.

NEW COMMITTEE MEMBER ORIENTATION

New committee members are given a copy of this operating agreement and are required to complete the Partnership’s on-line LMC Basics course. They are given copies of last year’s agendas, meeting minutes, and local agreements. The co-chairs of the committee also meet with new members before their first meeting to brief them on current committee issues.

COMMITTEE CO CHAIRS' RESPONSIBILITIES

The respective chairs shall serve as co-chairs of the committee and as chief spokesperson for their team and may recognize other members of their team for the purposes of presentation, discussion, and comments on agenda topics. The
respective co-chairs are responsible for the conduct and decorum of meetings.
The co-chairs shall jointly determine the date, time, anticipated duration and location
of committee meetings and preparatory meetings. They will exchange and discuss prospective agenda items at least two weeks in advance of a committee meeting and set the order of the agenda topics at that time. Additional topics for discussion may be added to the agenda later by mutual consent of the co-chairs.

The co-chairs shall determine the method and person responsible for the recording of the minutes of the meeting. The co-chairs will review and jointly approve and sign the minutes of committee meetings. In addition, they are responsible for maintaining open lines of communication between business meetings of the committee to exchange information on new or developing issues, discussing the progress of committee business, and planning for forthcoming meetings.

AGENDA PREPARATION

Issues referred to the LMC as agenda items shall be submitted at least ______ (e.g., two or three weeks) prior to the meeting date. A description of the respective interests or concerns on the referred issue shall be included, in writing, as well as the background of the issue and the remedy or action sought.

PREPARATORY MEETINGS

CSEA representatives are authorized to have preparatory meetings to formulate agenda topics, discuss on-going committee business, agree on responses to outstanding issues, and prepare for upcoming committee meetings. The representative co chairs will agree on the number of attendees and the time frames.

LABOR MANAGEMENT MEETINGS

There will be a minimum of four LMC meetings per year. Either party may request that additional meetings be held but both parties must agree to it. Meetings will follow the agenda as developed in advance. A minimum of ___ committee members representing CSEA and ___ committee members representing management must be in attendance to conduct a meeting.

LABOR MANAGEMENT SUBCOMMITTEES

The parties may jointly agree to establish other permanent or temporary labor management subcommittees as necessary to carry on effective and efficient labor management relations.

MINUTES

The minutes of meetings will summarize the discussion that occurred. Decisions reached at the meeting will be reflected in the minutes of meetings, and may form the basis of a memorandum of agreement between the parties, upon agreement of the co-chairs of the committee. The minutes shall be produced and submitted for joint review and approval to the co chairs within ___ days after each meeting. The minutes shall include a listing of action items and designation of the responsible party for the assignment, along with a time frame for completion.

DISPUTE RESOLUTION

We agree that we will do everything we can to build trust among the team so that we are able to freely discuss the issues and pressures on both sides of issues. We will try to reach consensus on items, to discuss them fully and to see the other’s perspective, but in the event we cannot agree, after three honest attempts of discussion at our meetings, we will agree to disagree and will then stop further discussion of the issue. The issue may be referred to another forum that is better suited for resolution.

GROUND RULES

We have agreed that the following ground rules will govern our work together:
(Examples of ground rules include: we will treat each other with respect; we will do our best to keep each other well informed at all times; “The Principle of No Surprises;” our meetings will start and end on time.)

TERMS OF THIS AGREEMENT

This agreement shall be effective upon signature, replacing any previous agreement, and shall remain in effect until and unless it is revoked by either party or superseded by a successor agreement between the parties, or until ___ (no later than the end of the current collective bargaining agreement).

 

Management Co-Chair:	CSEA Co-Chair:
Date:	Date: