:0 Connecticut. State

• -.. Universitytral • Eastern • Southern • Western

Office of the President

RESOLUTION

concerning

APPOINTMENT OF

ERNEST R. MARQUEZ, ESQ.

as

BR1190-51

P.O. Box 2008, New Britain, Connecticut 06050(203) 827-7700

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WHEREAS,

WHEREAS,

RESOLVED,

ASSISTANT VICE PRESIDENT FOR PERSONNEL

at

CONNECTICUT STATE UNIVERSITY

May 4, 1990

Connecticut State University has conducted an affirmativeaction search to fill the position, Assistant Vice Presidentfor Personnel; and

The President of Connecticut State University hasrecommended the appointment of Mr. Ernest R. Marquez; now,therefore, be it

That effective May 7, 1990, under the terms and conditionsof the Trustees' "Personnel Policies for Management andConfidential Professional Personnel," Ernest R. Marquez,Esq., be and hereby is appointed Assistant Vice Presidentfor Personnel at Connecticut State University at a biweeklyrate of $2,605.36 (annual salary of $68,000).

A Certified True Copy:

jl1Ju~~asK. Beal ,President

An EqualOpportunityEmployer

of

Highlights from the Vita

ERNEST R. MARQUEZ, ESQ.

DAS, Personnel Services12{71 to 3{79

Department of Mental Retardation3{79 to 5/81

DAS, Office of Labor Relations4/86 to present

DAS, Office of Labor Relations5/81 to 4/86

University of ConnecticutStorrs, CT

Western New England School of LawSpringfield, MA

A resolution appointing Mr. Marquez as Assistant Vice Presidentfor Personnel in the Executive Offices will come before theBoard's Executive Committee for approval on May 4, 1990.

Juris Doctor, 1981

Bachelor of Arts and Sciences, 1971

LANGUAGE BACKGROUND

Fluent in Spanish end English.

EDUCATION

Labor Relations Specialist

Personnel Officer 2

Principal Labor Relations Specialist

Senior Personnel Analyst

PERSONNEL EXPERIENCE

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PROFESSIONAL EXPERIENCE

CONTRACT ADMINISTRATION

CONTRACT NEGOTIATIONS

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Health Care ProfessionalEducation AdministratorsEducation ProfessionsEngineering and ScientificAdministrative ClericalHealth Care Paraprofessional

P-1 ­P-3A ­P-3B ­P-4 ­

NP-3 ­NP-6 -

Ernest R. Marquez, Esq.77 Jensen Street

Manchester, Connecticut 06040Residence: (203) 646-6552

We are also responsible for 40 to 50 prohibited labor practicecharges per year. Of those approximately 15% require a formalhearing before the State Labor Relations Board.

I normally get personally involved in a handful of grievances,rights arbitrations and prohibited labor practice complaintsper year. Most of my advocacy in the last two years, however,has been in interest arbitration.

Direct and coordinate activities preparatory to collectivebargaining including anticipating Union demands, preparationof contract proposals and development of bargianingstrategies. Represent the State as chief spokesperson innegotiations, mediation, fact finding and interestarbitration. Negotiated wages, hours and conditions ofemployment as required by law with the follOWing bargainingunits:

We are currently responsible for the negotiation andadministrtion of the following collective bargainingagreements:

As a Principal Labor Relations Specialist I supervise a team ofthree attorneys and labor relations professionals in thedisposition of all types of grievances and in the preparationfor arbitrations and prohibited labor practice complaints. Inaddition, I handle cases of a more complex nature or thosewhich require certain expertise or specific historicalbackground.

My unit's step 3 grievance load is approximately 600 per year.Of those, nearly 15% advance to arbitration and approximately80% are favorable decisions.

Principal Labor Relations Specialist - D.A.S. Office of LaborRelations from April 1986 to the present.

ADMINISTRATION AND SUPERVISION

3. P-3B Education Professionals (12/87-2/88)

During my tenure in this position I have been responsible forleading a team of as many as two attorneys and two laborrelations specialists in all aspects of collective bargaining.I have planned, developed and with my staff's assistanceimplemented such goals and objectives as:

This bargaining unit consists of approximately 250unclassified education administrators and schoolprincipals employed in the Departments of Education andMental Retardation. Sucessfu1ly negotiated approximately75% of the combined state and union issues. The remaining25% of the issues were decided in interest arbitration.

This bargaining unit consists of approximately 1,000unclassified employees serving as teachers, instructorsand vocational rehabilitation counselors. Negotiated thelegislatively mandated Teacher Enhancement Act toestablish salary schedules and address recruitment andretention issues as mandated by the law •

P-3A Education Administrators (3/87-9/87)

the establishment of a working relationship with otherstate agencies which allows them the maximum discretion intheir labor relations without compromising the statewidepolicies and programs of the State employer.

This bargaining unit consists of approximately 3,000 whitecollar employees. Negotiated over 240 State and Unionissues. The contract was resolved through interestarbitration.

The establishment of a communication and informationnetwork with the state agencies which are primaryemployers of members of the bargaining units for which weare responsible.

achieving 75 to 80% favorable arbitration awards byattempting grievance mediation or otherwise resolvinggrievances at the earlier steps of the grievanceprocedure.

P-5 Administrative and Residual (3/87-2/88).

The negotiations for these two bargaining units areconducted simultaneously resulting in the determination ofwages and other benefits for approxiamte1y 9,000employees. The State generally negotiate over 500 or moreissues with a Union negotiating committee of approximately95 employees and 8 union staff members. Thesenegotiations were concluded through interest arbitration.Also negotiated and settled through fact finding the1986-1989 contracts.

Health Care Professionals (P-1) and Paraprofessionals(NP-6). (2/89 to 7/89) •

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maintaining a good working relationship with the unionsrepresenting employees in the bargaining units for whichwe are responsible.

carrying out our workload requirements in a timely andefficient manner.

In order to achieve these and other organizational goals Iprovide technical supervision and assistance to the members ofmy team. I identify their training needs and develop and carryout on-the-job training activities primarily in these areas ofnegotiations, rights and interest arbitration, labor boardhearings, interpretation and contractual provisions, statutes,regulations, court decisions, etc.

I am responsible for preparing or assisting staff in thepreparation of negotiated or arbitrated contracts for reviewand approval by the General Assembly. Testify beforelegislative committees on matters such as economic parametersof a collective bargaining settlement, worker's compensationissues. Work with the Legislative Office of Fiscal Analysis onimplementation of the Federal Fair Labor Standards Act.

Responsible for developing a budget for purposes ofrecommending to the Office of Policy and Management the amountof money necessary to settle collective bargaining agreements.

Labor Relations Specialist - D.A.S. Office of Labor Relationsfrom May 1981 to April 1986.

CONTRACT ADMINISTRATION

As a Labor Relations Specialist I was responsible forrepresenting the State in grievance and arbitration and inprohibited labor practice cases before the State LaborRelations Board.

Grievance/Arbitration procedure: in a four step grievance andarbitration procedure, I was responsible for hearing thegrievance at Step 3. If it could not be resolved, I wasresponsible for advocating at arbitration hearings.

In addition to the traditional step 3 grievances, I wasresponsible for what has come to be known as the pre-trialprocess. This is a process where approximately 20 grievancesare scheduled for mediation one day per month. The mediatormakes non-binding recommendations and the parties resolve thedisputes at the end of the day. Generally 95% of thegrievances are resolved (dismissal and service ratinggrievances not included). Unresolved grievances were scheduledfor step 3 hearings for further consideration or go directly toarbitration.

During my tenure in this job my grievance load wasapproximately 300 per year. Of these, 40-50 went toarbitration. In resolving grievances or while preparing forarbitration I was required to interpret contract provisions,regulations and statutes. I received favorable arbitrationawards in approximately 75 to 80% of the arbitrations which Ipresented.

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CONTRACT NEGOTIATIONS

Direct and coordinate activities preparatory to collectivebargaining including anticipating union demands, preparationof contract proposals and development of bargainingstrategies. Represent the State as chief spokesperson innegotiations, mediation and fact finding. Negotiated overwages, hours and conditions of employment as required by lawwith the following bargaining units:

Prohibited Labor Practice Charges: in dealing with thesecomplaints I was required to interpret statutes, regulationsand often contractual provisions. During my tenure in thisposition my prohibited labor practice workload consisted of10-20 per year. Most of these were resolved at the preliminaryhearings with only a handful per year requiring a hearingbefore the State Labor Relations Board. When they did I wasresponsible for presenting the case. The cases I was involvedwith generally alleged charges of contract repudiation;discrimination based on union activity; failure to bargain withthe collective bargainging agents; etc.

Acted as assistant chief spokesperson. Was assigned bythe chief negotiator to negotiate specific portions of thecontract including all third year benefits for P-l. Alsoacted as the state's advocate over my assigned area infact finding and was responsible for a portion of thestate's brief. This contract was settled under the threatof strike.

NP-5 Protective Services Employees (3/84-4/85)

Acted as chief spokesperson for the State. During thesenegotiations the state, for the first time achieved theability to convert 10 month teaching positions into 12months in order to serve our clients year-around. Also,for the first time the State negotiated and established"job sharing" and a pilot "flextime" program. Thesenegotiations were at one time aided by a mediator, but theparties eventually settled on their own •

This bargaining unit consists of approximately 2,000employees serving as firefighters, university andinstitution police officers, conservation officers, liquorcontrol agents, and other law enforcement careers •Negotiated a three year agreement over a large number ofdifficult issues. Fact finding proceedings wereinitiated, but the contract was eventually settled withthe assistance of a mediator.

P-3B Education Professionals (2/82-10/82)

Health Care Professionals (P-l) and Paraprofessionals(NP-6) (2/83-7/83)

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ADMINISTRATION AND SUPERVISION

During my tenure in this position I had the opportunity tosupervise programs and projects, some of which were ofstatewide impact. As the person responsible for such programsand projects I planned and developed goals and objectives tobe implemented by agency personnel directors andadministrators. Such projects and programs included thefollowing:

a. Strike contingency plan (1983)

responsible for developing and implementing a plandesigned to maintain health care services to patients andclients of the State's health care institutions in theevent that 9000 member bargaining units declared a strikeor other job action. The plan included the preparation,cooperation and if necessary mobilization of numerousstate agencies. The following state agencies hadsignificant roles in the plan: Military Department (i.e.National Guard). Department of Transportation, theDepartments of Mental Health, Mental Retardation, Childrenand Youth Services, Administrative Services, PublicSafety, the Office of the Attrorney General, and others.My role was to coordinate the activities of each stateagency in the event of a major work stoppage.

b. Fair Labor Standards Act (1986-86)

In 1985 the U.S. Supreme Court in the cases of Garcia v.San Antonio Metropolitan Transit authority ruled that theFLSA must now apply to state and municipal government. Iwas responsible for interpreting the Act and implementingit in the State of Connecticut. By selecting anddirecting a task force consisting of representatives fromthe Office of the Comptroller, the Office of the AttorneyGeneral and the agencies employing the largest and mostdiversified work forces, we analyzed state compensationsystems and practices in order to determine the properapplication of the FLSA requirements. I trained membersof the task force and all personnel directors throughoutthe state on the requirements of the act and developed an85 page manual for them to use as reference. Under mydirection the task force developed a subsequent trainingprogram and standard payroll forms for payroll staff inall state agencies.

During the one year period from February 1985 when theU.S. Supreme Court issued its decision until February 1986when the FLSA became effective, I was required tocommunicate the Act's impact to the Governor's Washingtonoffice and to the Washington office of the InternationalPersonnel Mangement Association so that they couldeffectively launch a lobbying campaign designed tominimize the FLSA's adverse and severe financial impact onstate and local government.

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CONTRACT ADMINISTRATION

PERSONNEL ADMINISTRATION

Personnel Officer 2 - Department of Mental Retardation fromMarch 1979 to May 1981

As the State's chief spokesperson in the collectivebargaining negotiations witq the Health Care workersUnion, I was asked to negotiate the implementation of thedeinstitutionalization agre~ment affecting MansfieldTraining School. This progtam was designed to effectuatemassive staff reductions atMTS in order to comply with acourt decree calling for the placement of 80% of theclients in community living arrangements.

Developed a plan against a major labor strike or otherdisruptive job action affecting the State's health carefacilities. The plan provided for the replacement ofhealth care staff by non-union and military medicalpersonnel; military and police security to guard againstdisruptive concerted activity and to insure the deliveryof supplies and non-striking workers; legal actionagainst the strikers and union officials; communicationnetwork and cental command post; placement ofpatients/clients in private facilities and facilitiesoperated by neighboring states; other contingenciesnecessary for the care and protection of the state'spatients/clients.

Developed mini-training programs in a variety of laborrelations issues to deliver half-hour presentations atmonthly meetings of the Health Care Council and othermanagement groups. Some of the labor relations issuesincluded: administrative investigation and discipline ofemployees under criminal charges and investigation;conducting employee performance ratings; progressivediscipline; attendance policy; understanding "due process"under the U.S. Constitution; the requirements of U.S.Supreme Court decision of Loudermill v. Cleveland Board ofEduation; understanding the requirements of the FederalFair Labor Standards Act; and other topics.

Developed and coordinated a two day labor relationsconference for the State's health care agencies. Assessedthe training needs of agency personnel managers andidentified training areas, developed the curriculum andenlisted the assistance of labor relations specialistsfrom my office to assist me in conducting the training.

Deinstitutionalization program (1986)

As a Personnel Officer 2, I represented the Comissioner of thedepartment of Mental Retardation in holding step 2 hearing andadvocating the departments position at step 3 of the grievanceprocedure. I handled disciplinary, contract interpretation and

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job classification grievances. Disciplinary grievances rangedfrom warnings to dismissals and included s but were not limitedto client physical, verbal and sexual abuse insubordination;failure to report for work; poor attendance; sleeping on duty;incompetence. The contract interpretation grievances includedjob bidding; work assignments; vacation selection; seniority;voluntary and involuntary transfers; bargaining unit work;overtime, etc.

CONTRACT NEGOTIATIONS

Served as resource person at labor contract negotiationsrepresenting the Department of Mental Retardation.Participated in the 1979 negotiations over the health carecontracts and the 1978 negotiations with the Maintenance andService Employees (approximately 7,000 employees).

PERSONNEL ADMINISTRATION

Responsible for job analysis and development of jobspecifications including examples of duties; knowledge, skillsand ability necessary to perform the job; experience andtraining required to qualify for the job; and recommendationof the salary level.

Participated in the development of a training program designedto provide all supervisors of the 500 employee department witha working knowledge of the fundamentals of progressivediscipline.

Presented the training to supervisory staff over a period oftwo years.

Also developed and presented training as necessary oninterpretation of contractual provisions.

Senior Personnel Analyst - D.A.S./Personnel Services fromDecember 1971 to March 1979.

Examination, recruitment, classification, administration, andduties for internal and external staff projects.

Detailed job analysis, data gathering via audits,questinnaires or group brainstorming, complete item analysisand editing for pre-test development, historical recruitmentand test performance anlaysis (via EDP software/manualcomputation), elimination of test biases for EEO and minorityequalization purposes, test design, structure, anddevelopment. (12/72 - 3/79).

Knowledge of Hay Associates job analysis and compensationsystem (as Job Analyst previously) for a state-wide project toupdate and develop job specifications in greater detail toconform to new developments in the field of Personnel (EEOTitle VII requirements, etc.) including job accountabilitiesfor each class as well as job performance measurements;extensive interviewing of samples of incumbents in benchmarkclasses, write descriptions for composites; (12/71 - 12/72).

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Covered entire Medical Classes for purposes of job analysis andformulation of specifications including Psychologists,Psychiatrists and Physicians; also interviewed and advised jobseekers through this state project and served as liaison to theDepartments of: Mental Health, Mental Retardation, Health andVeteran's Hdmes/Hospitals and the University of ConnecticutHealth Center: (12/72 - 7/74).

Member of unit to monitor personnel programs many of the lawenforcment agencies in state; projects involved validation anddevelopment of examinations from date collection of incumbentsthrough dimensionalization of characteristics, rating forcritercality for job performance, construction of revelant anddiscriminating exam items in many areas for the determinationof successful candidates' abilities including compilation ofpersonality traits of applicants and later performing acriterion analysis. (7/73 - 1/75).

Member of unit to monitor personnel programs of agenciesdealing with occupational groups in the areas of: socialservices, employment security, training, counseling, educationand correction. Duties include test validation, constructionand analysis. Also recruitment, compliance with affirmativeaction goals, monitoring of classification system. Liaison fordepartment (Personnel Services Division) to the spanish­speaking public. Responsible for validation, development andanalysis of spanish-speaking exams with emphasis as required bythe job e.g. Interpreter, spanish social workers (gen. andpsychiatric), spanish affairs coordinators, and other. (1/75 ­3/79).

Work very closely with professional Psychometrist and internalstaff on projects for test validation involving experienced aswell as entry level candidates; jointly utilized measurementtools prior to department use (e.g.: pictures, work samples andother methods).

Liaison with compliance section Affirmative Action staff tocontinually assure compliance of validation and other work withall aspects of Title VII and related legislation; review forany minority biases in exams and correction items and structureto eliminate unequal opportunity of performance on examinations(e.g.: reading level vs job performance rading levels). (7/73 -3/79). -

Addendum to vita

Ernest R. Marquez, Esq.11 Jensen Street

Manchester, Connecticut 06040Residence: (203) 646-6552

PROFESSIONAL EXPERIENCE

State of Connecticut Office of Labor Relations, Hartford, Connecticut

As a Principal Labor Relations Specialist I supervise a team ofattorneys and labor relations professionals in all aspects of collectivebargaining and also perform a full range of labor relations activities.

Areas of responsibility include: administration of five collectivebargaining agreements covering approximately fifteen thousand employees;formulation of goals objectives, strategies and policies; direct andcoordinate activities preparatory to collective bargaining and representthe State as chief spokesperson in contract negotiations, rights andinterest arbitrations, mediation and matters before the Labor Board;interpret and implement contractual provisions and State and Federal lawsincluding, the Fair Labor Standards Act; develop and implement Statepolicy in accordance with labor contracts and State and Federallegislation; participate in developing and/or evaluating proposedlegislation affecting collective bargaining; provide advise and counsel toState officials and staff; testify in arbitration, Labor Board proceedingsand legislative committees.

Some of the bargaining units that I am responsible for includeEducation Professions (P-3B) and Education Administrators (P-3A).

Connecticut Department of Mental Retardation, East Hartford, Connecticut

As Senior Personnel Officer; areas of responsibility include: laborcontract interpretation and administration; member of the State's contractnegotiating committee; planning and directing a labor relations programfor approximately one thousand five hundred employees in seven bargainingunits in five health care facilities; hearing officer at Step II grievanceconferences; supervisory training on employee discipline; department-widepolicy development; advisor on matters of employee classification.1978 - 1981

State of Connecticut, Hartford, Connecticut

As a Senior Personnel Analyst in the Personnel Department; areas ofresponsibility include: monitoring staffing and employee classificationprograms of state agencies; job analysis; civil service examinationdevelopment and validation in compliance with Title VII of the 1964 CivilRights Act and related legislation liaison with compliance sectionAffirmative Action; liaison with hispanic community.1971 - 1978

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ERNEST R. MARQUEZ

ADMITTED TO PRACTICE

Connecticut Bar, 1981United State District Court, District of Connecticut, 1981

EDUCATION

Western New England School of LawSpringfield, MassachusettsJuris Doctor, 1981

University of ConnecticutStorrs, ConnecticutBachelor of Arts and Sciences, 1971

LAlfGUAGE BACKGROUBD

Fluent in Spanish and English. Born and raised in latin america •Attended secondary school in the United States •