A labor contract is a written agreement between the employer and the association or union representing the employees. The purpose is at least threefold:

A contract is developed by representatives of each party through a negotiations process of offer, counteroffer and compromise. Once ratified, the negotiated agreement will govern the relationship between the parties for a specified period of time, usually no more than three years.

Contracts are negotiated separately for each bargaining unit represented by APEA/AFT. Contract negotiations for city/borough and other bargaining units are carried out according to the by-laws of the unit chapters involved.

Contract proposals for the Supervisory Unit are developed and negotiators are selected in the manner set forth in the Association By-Laws (See Section XI).

The unit chapter chairpersons acting in behalf of their chapter members formulate a contract proposal. A Contract Bargaining Committee (negotiators) is elected, composed of one member from each region represented. Only these designated negotiators have the authority to do the following:

In a sense, the collective bargaining process is continuous, since most labor contracts are revised to some degree during their life. The parties may agree to modifications, clarifications or additions if it becomes apparent that something was overlooked or left ambiguous in the formal bargaining process, or when special circumstances arise which could not be foreseen. In such situations, APEA/AFT By-Laws permit the signing of Letters of Agreement concerning the Supervisory Unit Agreement following a majority vote of the Contract Bargaining Committee and by those members affected.

Modifications and clarifications may also result from the grievance procedure, either in the form of precedents created by settlements or through arbitration awards in which a neutral third party issues an authoritative interpretation of a particular contract clause.

As an Employee Representative, you will receive notification of any major Letters of Agreement, precedents or arbitration awards which affect the people you represent.

Although technically administration of the contract is the obligation of the Employer, in practice that responsibility is a shared one. Each party is expected to interpret and apply the terms of the agreement in a fair and reasonable manner -- in "good faith". All bargaining unit members are given a copy of the contract and are presumed to know the rights and obligations spelled out in it.

Employee Representatives and APEA/ AFT paid staff are responsible for insuring that the members do in fact know and understand the terms of the contract, that their rights are protected and that the contract is enforced in the manner agreed upon. The Employer's agents perform the same functions with respect to management staff.

In theory, this process should result in "harmonious and cooperative relationships" between the Employer and the Association, between supervisors and their subordinates. However, practice does not always measure up to theory. Methods of resolving specific types of disputes are therefore established by mutual agreement in the contract. Interference by either party in the other's protected activities and affairs may constitute an unfair labor practice subject to investigation and resolution by the Labor Relations Agency (See P.E.R.A. provisions). Under some circumstances, disputes between the Association and the Employer may be pursued through the judicial system.

Remember -- if you don't know your contract you cannot represent your co-workers.

Although the negotiated agreement is the primary instrument governing the terms and conditions of employment there are a few additional State and Federal regulations and statutes of which you should be aware. These include the following:

The FLSA, enacted in 1938 by the Federal government, established a statutory minimum wage and maximum hours for workers engaged in interstate commerce. It now also covers Public Employees. The Act also requires that employers covered by FLSA pay time and one-half for overtime.

Under the Federal Act, you may take up to 12 workweeks in a 12 month period. Under the State Act, you may take up to 18 workweeks in a 24 month period for a serious health condition or 18 workweeks in the 12 month period after the birth, adoption, or placement of a foster child. Your leave may be taken all at once for one of the above reasons or at different times for different reasons, except that, the employer may require that the leave taken for the birth, adoption, or placement of a child be taken consecutively.

The Act gave the Federal government, through the Secretary of Labor, the authority to establish and enforce national standards in all states for certain groups of workers. Alaska has enacted specific regulations in this area (many adopted from the federal system) and runs its own OSHA program through the Department of Labor. Workers employed by the State or local governments in Alaska are covered only by the State program. Questions and problems should be directed to the OSHA offices in Ketchikan, Juneau, Anchorage, Kodiak and Fairbanks.

Workers' Compensation is a state-controlled program for providing medical, disability and rehabilitation benefits to workers injured on the job, as well as death benefits to the survivors int he event a worker dies as a result of a job-related injury or disease. Claims must be filed on the appropriate forms within specified time limits, so employees who have a possible claim should contact their Personnel Officers of the Division of Workers' Compensation, Department of Labor, as soon as possible after the job-related injury or illness.

Title 39 establishes the State's basic personnel policies and procedures. Topics addressed include: merit principles; the duties and powers of the Department of Administration's Division of Personnel and its Director; the requirements for the classified, exempt and partially exempt services; establishment and maintenance of the State retirement systems; as well as the deferred compensation, insurance and supplemental employee benefits programs.

STATE OF ALASKA: Authority for Personnel Rules are contained in Chapter 25 of A.S. 39 as part of the State Personnel Act. The Personnel Rules governed most aspects of State employment until collective bargaining began in 1972 and still do so for those employees not covered by a negotiated agreement. Many of the significant elements of the Personnel Rules have been incorporated into the Supervisory contract. Whenever there is a conflict between the Rules and the terms of the contract, the contract rules. Copies of the Personnel Rules can be obtained from your personnel Officer or can be examined at an APEA/AFT Field Office. Do not give advice based on the Personnel Rules unless you have checked your contract and discussed the matter with your Field Representative first; remember, in most cases, the contracts have superseded the Personnel Rules.

OTHER ORGANIZATIONS: Each of the other bargaining units have personnel rules which apply to them. It is important you be familiar with those rules as they apply to members in your work place.

The Alaska State Ombudsman Office maintains offices in Anchorage, Fairbanks and Juneau to help people across the state with questions about state agencies. The ombudsman also can help with problems involving the University of Alaska system. In addition to providing information and assistance, the ombudsman staff investigates complaints against government agencies and officials. If a problem is found, the ombudsman may recommend a solution. The ombudsman office is impartial and takes no sides in a dispute. Their job is to determine if government actions are fair. The ombudsman is an independent agency in the legislative branch of state government.