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MONTANA PUBLIC EMPLOYEES ASSOCIATION -LABOR/MANAGEMENT COMMITTEE MPEA – Dept of Livestock LMC Charter

The purpose of the Ground Rules is to conduct fair and effective Labor/Management Committee (LMC) meeting.

1. LMC CREATION

The creation of the MPEA – LMC, is to establish a committee comprised of management and association members as outlined in the MPEA supplemental agreement, item F. Labor Management Committee. It is agreed that no more than three bargaining unit members will be allowed to serve on paid time basis if they are normally scheduled to work, to confer with Management on day-to-day type problems.

Meetings will be held quarterly or when necessary on a mutually agreeable date, time, and place. The LMC agrees that if necessary the meeting may take place via conference call, Lync, or GoTo Meeting. The agendas for said meetings should be submitted to the co-chairs no less than 10 working days prior to the meeting date. The LMC committee must receive the agenda no less than 3 business days prior to the meeting date.

It is understood that this committee does not take the place of the grievance procedure. Any decisions reached by the committee in resolving day-to-day type problems shall not alter the terms of this agreement and will be advisory only.

2. Membership

The parties agree that the LMC will consist of total of 6 members, 3 union and 3 management. Any additional attendees will not have a vote. Each party will designate up to 2 proxy members, one proxy from each side. In the event a proxy must attend the proxy will have voting rights.

In the event any of the individual members vacate, a representative will be selected by the appropriate party to fill the position.

Physical attendance to meetings is preferred; however, attendance via remote technology is acceptable.

The Committee will review membership retention and selection on a regular basis. MPEA labor members will solicit for replacement or proxy labor members and Management members will solicit for replacement or proxy management members. The intent of proxy members is to ensure smooth and efficient transition of duties when departure of current LMC members occurs.

3. Quorum

In order to conduct meetings, there must be a quorum. A quorum shall be a minimum of 4 members, two members from each side, including chair or a co-chair. If neither of the chairs can attend, or there is no quorum, the meeting will be rescheduled to a later agreeable time. Guests may be invited to attend the meetings on a case-by-case basis subject to the mutual agreement of the committee.

4. Chair

The co-chairs will alternately conduct meetings (as the lead chair), each chairing the session on a rotational basis. If the lead chair cannot attend, the co-chair will conduct the meeting. Chairs will be reviewed every two years.

5. Meeting Frequency

LMC will plan to meet quarterly; however, the co-chairs may agree to cancel meetings for lack of agenda items. The proposed date, time, location and duration of the next meeting will be confirmed during each meeting. Meetings will be conducted the second Thursday of March, June, September, December. The committee will revisit the frequencies of these meetings on an annual basis.

6. Agenda

The Chair or Co-Chair will develop and distribute the next meeting’s agenda prior to the meeting. Materials for review should be provided in advance by those responsible for the material to provide adequate review time. Additional items brought forward without adequate review time can be reviewed by the committee at the time of the current meeting.

7. Minutes

The co-chair not conducting the meeting is responsible to see that meeting minutes are documented, sent out for review and distributed to LMC members and approved minutes will be posted on the Department of Livestock internet site. http://liv.mt.gov/Meat-Milk-Inspection/Meat-and-Poultry-Inspection The minutes from the previous quarter will be reviewed and approved at the next meeting.

8. Recommendations by Committee

LMC recommendations will be reached by consensus. The recommendations coming out of the LMC belong to the LMC and not to the union or management.

Process for recommendation documentation.

1. Reach recommendation consensus for approval.
2. Recommendation will be forwarded to Management representative and MPEA representative for approval or rejection.
3. A table will be developed by the committee to track action items.

9. LMC and Labor Agreement

Negotiations and grievances will be dealt with by procedures identified in the Collective Bargaining Agreement. In these areas, the LMC will not impose itself or act as a substitute to the Collective Bargaining Agreement.

Nothing stated in the meetings or minutes will be used by either party in a grievance or arbitration hearing or an Unfair Labor Practice (ULP) proceeding.

10. LMC Performance

The LMC will regularly evaluate the effectiveness of the committee.

11. Withdrawal of Process

Both the union and management are committed to the LMC and will strive to make the LMC productive. Should either party choose to withdraw from participation in the LMC, they shall provide written notice to the other party. Prior to any final decision on withdrawal, both sides can call for a 60-day cooling off period and/or use of mediation to try and resolve issues.

12. Rules of Operation

• All members are responsible to review and commit to the “rules”.
• Enhanced and effective communications is the #1 objective.
• Full and equal participation by all members.
• Be punctual; come prepared.
• Maintain an atmosphere of mutual respect at all times.
• We will concentrate on issues within our control.
• Confidentiality will be identified and respected.
• Individuals will not be identified with a specific statement or issue.
• Everyone will be allowed to voice opinions and concerns.
• One person speaks at a time. No sidebar conversations.
• Maintain a Council perspective, not a personal perspective.
• Cell phones, or similar devices will be turned off or placed in a non-ringing mode during the conduct of the meetings. If cell phones, or other devices ring in the silent mode during a LMC meeting, the person receiving the call will exit the meeting room to answer the call.
• If a committee member cannot attend the scheduled meeting, it is the committee member's responsibility to notify the committee and arrange for a proxy member to attend prior to the scheduled meeting.