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Union Representational Rights

In addition to management and employees having statutory rights, unions are also afforded certain rights. Once a union (e.g. AFGE Local 3313) is recognized as the exclusive representative of a bargaining unit, the Activity may not deal with any other organization concerning its employees, over matters that are within the purview of the labor relations law. The term exclusive representative refers to a status accorded to a union approved by the Federal Labor Relations Authority (FLRA). As defined in 5 U.S.C. 7114, the labor Statute, the approved union is entitled to act for and negotiate collective bargaining agreements covering all employees in the bargaining unit without discrimination and without regard to labor organization membership.

  • A union of a bargaining unit in an agency is entitled to be represented
    • In a formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or
    • At any examination of an employee in the unit by a representative of the agency in connection with an investigation if
      • the employee reasonably believes that the examination may result in disciplinary action against the employee; and
      • the employee requests representation.
  • The duty of both the union and the agency is to bargain in good faith by approaching negotiations with a sincere resolve to reach an agreement.
  • When the union can demonstrate a particularized need, it may request data from the agency which
    • Is normally maintained by the agency in the regular course of business;
    • Reasonably available;
    • Is not training or guidance provided to supervisors and management officials related to collective bargaining; and
    • Is not prohibited by law to release.

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References

Last Modified 9/19/2013