Dear Colleague,
As you are no doubt aware, CAPS has authorized a three-day rolling strike for Rank-and-File Bargaining Unit 10 employees that commenced today, and is scheduled to run until Friday, November 17, 2023. Many of you supervise these Rank-and-File employees and understandably have questions about what you can or can’t do during the period of this job action.
As a supervisor, we first want to remind you that you are not authorized to participate or support the job action in any way during work hours. However, you are permitted to agree with your Bargaining Unit 10 staff’s position on equity. Below is a brief FAQ to help guide you through this period. However, for further information on the specific do’s and don’ts on this matter, please consult your management or HR office. If you have a question about how you’re being advised by management or HR, please feel free to contact CAPS so that we can try and assist you.
FAQs:
Q: Can I stand on a picket line during my lunch hour?
A: During work hours, no. In general, you should remain neutral in your position as a supervisory employee. However, if you are willing to stand on the picket line with your rank-and-file employees during your lunch break, ensure that it is clear that you are engaging in your First Amendments Rights as a citizen, and not acting within your official capacity as a state-employed supervisor. For example, we recommend that you do not have your State cellphone on you, that you not wear clothing with departmental logos on it, etc. And, of course, ensure that you confine this activity to your lunch time hours.
Q: Can I approve employees’ leave requests to aid in any potential job action, like a strike?
A: An employee who is on approved leave is not technically on strike because they are being compensated for their time. A strike, technically speaking, is the simultaneous withholding of labor and pay. Please consult your HR office or Management for more specific instructions with regard to leave requests.
Q: How do I handle employees’ timesheets if they engage in any potential strike?
A: Timesheet policy varies by department. Please refer to your department’s timekeeping policies and direct questions to your manager or HR office.
Q: Should I do anything specific with regard to employee attendance?
A: This is a question for your labor relations and human resources branches.
Q: Should I take time off in solidarity with my reports?
A: Whether or not you choose to do so is ultimately up to you. The cause that your rank-and-file reports are fighting for is justified and long-deserved. They’re communicating to the State, in the most serious way permitted by the Dills Act, that something needs to change. So, wanting to stand in solidarity with them is more than understandable. However, for the reasons stated in Question 1, we recommend that you consult with your labor relations and human resources branches for further discussion on that to ensure there are no misunderstandings after the fact.
Q: Can I discuss the strike or other job actions with my staff?
A: Generally, supervisors and managers are prohibited from engaging in any activity that encourages or discourages union membership or job actions. We recommend that you consult with your labor relations and human resources branches for further discussion to ensure you are complying with your department policy, the Dills Act, and the Excluded Employee Bill of Rights.
Have more questions? Feel free to contact CAPS: caps@capsscientists.org.