The Consultation Process

Question 1

Workplace change NOT consulted with HGEA is called a:

Answer 1

Unilateral change.
(This is a violation of both our CBA and Hawai’i state statutes)

Question 2

True or False: The employer can implement workplace changes while the consultation with HGEA is ongoing

Answer 2

FALSE! Meaningful consultation must be fulfilled before any changes can begin.

Question 3

When does a consultation become a negotiation?

Answer 3

If the change impacts Mandatory Subjects of bargaining.

Question 4

What are the Mandatory Subjects?

Answer 4

1. Wages
2. Hours
3. Working Conditions

Question 5

Where can I find the obligation to consult in the CBA?

Answer 5

Personnel Policy Changes (Article 4 in most HGEA contracts)

Question 6

Which of these is NOT a common consultation:
1) Office reorganization
2) A new office policy
3) Temporary Assignment (TA)
4) Relocation
5) Manager makes you work through scheduled break

Answer 6

Manager makes you work through scheduled break*

*This is both a grievance and violation of federal labor law.

Question 7

Name one workplace change that does not need to be consulted.

Answer 7

Every change must be consulted
(Unless it is a Mandatory Subject and then it must be bargained)

Question 8

True or False: Consultations sometimes include items that actually need to be negotiated.

Answer 8

True!
Accidental or not, there are times when consultations include Mandatory Subjects, exposing them to the negotiations process (including arbitration). Read them closely and work with the Consultation Team

Question 9

Name 3 groups who can provide feedback on the employer’s proposed consultation:

Answer 9

1. the members it impacts
2. the union agent
3. the consultation team

Question 10

Once HGEA is notified of consultation, what is the window of time the stewards and agents have to collect feedback from impacted employees?

Answer 10

2 weeks.

Question 11

True or False: As a steward I don’t have a right to get the roster of names of all impacted employees.

Answer 11

FALSE: stewards are entitled to those names and should notify/solicit feedback from all of them.

Question 12

How do we know when a consultation is completed? (3 signs)

Answer 12

1) When the employers address the concerns and there are no CBA violations.

2) HGEA determines when the consultation has been fulfilled.

3) HGEA always reserves the right to submit additional concerns even after consultation is completed.