Page 14 - 2018 Janus Toolkit

COMMUNICATION
Plan
Implement a communication plan to address the likely questions that will come from employees and unions
in the days and weeks following this decision.

Central Contact
Consider identifying a single point person that can respond to questions regarding the impacts of the Janus
decision.

Tone
In developing these communication strategies regarding whether, and how, to communicate the Janus
decision to employees, employers are encouraged to remain neutral and mindful of applicable law, including
Senate Bill 285, prohibiting employers from deterring or discouraging public employees from becoming
or remaining members of a union. If the agency wants to transmit a mass communication to employees
concerning Janus, depending on the content, it may be obligated to meet and confer with labor partners over
such communication under SB 866.

Internal Updates
Provide ongoing updates regarding the case and corresponding impacts to district managers and supervisors,
as well as governing board members.

Talking Points
Disseminate key messages to approved spokesperson(s) in the event they are faced with questions about the
Janus decision.

Phase Two: Bargaining Options Post-Janus
The following list outlines immediate and representative areas of considerations and questions that your agency
will need to contemplate. Given the uniqueness of collective bargaining agreements, SB 866 and the Janus
decision will have varying and individual impacts for public agencies. The following common clauses in CBAs now
merit review:

Recognition
How does my CBA apply to union members and non-union members? Does it need to be clarified?

Union Rights
How does this decision impact access to employees and prospective employees?

Severability/Savings
Do I have a severability clause in my CBA that renders any provisions contrary to Janus and/or SB 866
severable from the remaining valid provisions of the CBA?

Opt-Out Provisions
Do they comply with this ruling?

Religious Objection Clauses
Are these still relevant?

Hiring Forms
How will I need to modify the form? Do we have employees fill out the form? Am I required to bargain any
modifications?

Janus v. AFSCME Implementation Checklist LozanoSmith.com