Las Vegas, Nashville, Indianapolis discussed on Labor Relations Information System
The county sought a court order preventing arbitration and that issue ends up and a an intermediate appeals appeals court in the New York State Court system. And the court says. And if. You've been listening to these podcasts. For a while you can predict what the court Gordon going to say here which is go ye forth and arbitrate. So what are the standards. The court says there's a two part test first of all. Is there any statutory constitutional or Public Policy Prohibition Condition Against Arbitrating the grievance. Is there anything in the law that would prohibit arbitration over this topic and the court says no this. This is nothing there's no statute that's involved here. there's nothing about this. Grievance that violates public policy may be wrong maybe dead loser loser of a grievance but it's doesn't violate public policy so then we moved to the second part of the test and the test is we then look at the collective bargaining agreement to see whether in fact the parties agreed to arbitrate the particular dispute and the court cautions that quote the sentence in examining the collective bargaining agreement. The court must merely must merely determine whether there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the agreement if there is such a relationship the court should rule the matter arbitral so in other words. This isn't a question of whether or not got the contract allows the arbitration of this particular grievance. It's rather whether the grievance since relates to a broad subject that is covered in the collective bargaining agreement. So now now you know again how this case is going to come out. Let me give you the last couple of blinds. From the court's opinion the arbitration provisions of the contract at issue is broad awed. And there's a reasonable relationship between the subject matter of the dispute me too and the general subject matter of the contract although some uncertainty exists as to whether the subject matter of the dispute is encompassed within the salary provisions of the contract or whether the parties contemplated that separate agreement would be required for retro-activity any alleged ambiguity in the contract regarding the coverage of any of its provisions. That's a matter of contract interpretation for the arbitrator to resolve English language translation. You agree to final and binding arbitration in your contract you've agreed to final and binding arbitration in in your contract. Don't come to us with an argument that this particular grievance shouldn't be arbitrated because it's a loser because it's wrong wrong that's foreign arbitrator to decide not for the courts to decide. I want to conclude by reminding reminding me we've got a couple of great seminars coming up that you ought to think about in both of them. registrations are going pretty fast and I recommend if you're interested interested that you check us out at aller. Is Dot Com. The first one is march fourth through six than Las Vegas and it's on collective the bargaining for public safety employees This is a seminar that really gives you all of the basics. I think that you need to prepare Harry yourself for an upcoming bargaining session. We'll talk about everything from What our Basic economic trends. That are out there. What topics bikes are mandatory for bargaining? And what are not And There's an entire day spent on the nuts and bolts of the bargaining process starting with preparing for bargaining and ending with a ratification We'll talk about things like an employer's ability to pay and comparable jurisdictions in learn how you assess total compensation it's just really a A very comprehensive approach to collective bargaining great speakers The other seminar I want to talk about is the first one that we've done in many years on the east side of the Rocky Mountains We've I've I've wanted over the years to be the on the east side of the rocky mountains. Many times we tried putting seminars and places like Chicago and New York and Fort Lauderdale Dale in Orlando and Dallas and it turns out that public safety employees. Really want to go to Las Vegas more than any of those places. But we're sticking our toe in the water again and April fifteenth through seventeenth. We're going to be in Nashville Tennessee for our first ever health and wellness programs For Public Safety Employees This is one where we do anticipate this are selling out. I will hit the maximum capacity. Passively on this I really looking forward to this. Is My firm believer that This approach that we're taking a wellness now As long long long overdue and that we need to be having a much more constructive conversation about wellness in the public safety world This this seminar will involve Three Hours for me talking about wellness programs and the law. So how wellness programs impact. Things like the Americans with disabilities act the FMLA the genetic information nondiscrimination act and the like You'll also hear three hours from Stephanie Con. WHO's I think? Become the nation's premier expert on the issue of resilience and how you increase resilience and first responders founders. Stephania will be talking about Primarily how does an agency and how do unions and how to employee's all prepare air themselves for the inevitable High Stress Moments and trauma that will be associated with a public safety officers job. How do you prepare yourself? So so that. The impact of that trauma is not career changing We then have a whole day. That'll be moderated by my law. All partner a Neo Korea Talking about what I think has a wellness program from A to Z everything from how obvious startup program and and what do you want. What types of wellness are you looking at psychological wellness physical family wellness Financial Joe Wellness. And the like Talking about whether or not participation should be mandatory or not you need confidentiality and the program. What are the metrics for success Neil will be hosting just a wonderful panel Where we're going to have police and fire chiefs chiefs from around the country Well have the director of Public Am Employee Assistance Program From Las Vegas Nevada And we'll have some specialists from behavioral Health Sciences programs as well as rank and file police officers. WHO'VE I've been involved in the end? Firefighters have been involved in the development of wellness programs can be a great panel. It's going to be jam packed day and then On the third day seminar. We're going to hear a three hour presentation for to individuals from the Indianapolis Office Office of Professional Development and wellness in the Indianapolis Metro Police Department. Indianapolis is one of the truth. Success stories in terms arms of the development of a wellness program thankfully. There are several that are out there right now and we actually got to choose from several Ah there there are places like Las Vegas and San Diego that have absolutely great wellness programs and we selected Indianapolis because because we we thought it was just a wonderful example of a good wellness program produced as a result of a joint labor management effort. Effort so Eddie. Rate if you can join us out there in Nashville Tennessee. April Fifteenth Through Seventeenth and twenty. Twenty I am not going going to lead that city without getting some Nashville hot chicken from the thought of all Nashville hot chicken so with that. Thank you for joining me for this podcast. Hope to have you with us for February first Thursday and for now this is well aitchison signing off..