Working Under a Labor Agreement

1. Working Under a Labor Agreement

2. Basic Concepts Federal Service Labor-Management Relations Statute 5 USC 7105 - 7135

3. Basic Concepts Union – A labor organization that has been granted the exclusive right to represent employees and deal with an agency concerning grievances and conditions of employment.

4. Basic Concepts Bargaining unit – A group of employees approved by the FLRA as appropriate for representation by a union for purposes of collective bargaining.

5. Employees Excluded from Bargaining Units Supervisors and management officials Employees engaged in personnel work in other than a purely clerical capacity Employees working in a confidential capacity for officials who formulate or effectuate general labor relations policy

6. Employees Excluded from Bargaining Units Employees engaged in intelligence, counterintelligence, investigative or security work affecting national security Employees investigating or auditing individuals involved in internal security Professional employees in the same unit as non-professionals unless a majority of professionals vote for inclusion

7. Roles of the Parties Arbitrator – Impartial third party to whom the parties to a labor agreement refer their disputes for a decision.

8. Roles of the Parties Federal Labor Relations Authority (FLRA) – Independent federal agency that administers the federal labor relations statute. Three members appointed by the president

9. FLRA Functions Investigate and resolve unfair labor practice charges Resolve negotiability disputes Exceptions to arbitration awards Determine appropriateness of bargaining units

10. Role of the Parties Federal Service Impasses Panel (FSIP) – Entity within FLRA that resolves collective bargaining impasses. Federal alternative to striking Seven members appointed by the president

11. Dispute Resolute Methods Fact-finding Mediation-arbitration Formal hearing Written submissions Final-offer interest arbitration

12. Roles of the Parties Federal Mediation & Conciliation Service (FMCS) – Independent federal agency that provides mediators to assist parties in negotiations. Maintains arbitrator rosters ..

13. Role of Supervisors Primary management responsibility for interpreting, applying and enforcing the contract Contract is only as good as the supervisors who apply it

14. Intent of the Contract Words of the contract Past practices Past grievance and arbitration decisions Bargaining history

15. What is a Grievance Any complaint by an agency, labor organization or employee about any matter relating to the employment of the employee or interpretation or breach of a labor agreement or the violation, misinterpretation or misapplication of any law rule or regulation affecting working conditions.

16. Grievances Every federal sector labor agreement must contain a negotiated grievance procedure that ends in binding arbitration.

17. Grievance Procedure Exclusions Any claimed violation relating to prohibited political activities Retirement, life insurance or health insurance Suspension or removal in the interest of national security

18. Grievance Procedure Exclusions Any examination, certification or appointment Classification of any position that does not result in the reduction in grade or pay of an employee Other matters to which the parties agree in negotiations

19. Grievance Resolution Lowest possible level Minimum time Minimum resources Minimum disruption

20. Factors Governing Grievances Decisions do not establish precedence Grievant, union and/or management control decision to proceed Loser pays or costs shared Time to file set by contract No injunction

21. Arbitration Final step of all federal sector grievance procedures Anyone may file a grievance Only management and union may invoke arbitration

22. Types of Arbitration Grievance – Interpretation and application of collective bargaining agreement Interest – Resolution of bargaining impasses

23. Unfair Labor Practice (ULP) A violation of a right protected by the Federal Service Labor-Management Relations Statute.

24. Management ULPs7116(a) Interfere with, restrain, or coerce employees in the exercise of rights under the statute Encourage or discourage membership in a labor organization by discrimination in conditions of employment such as hiring or promotion Sponsor or control or otherwise assist a labor organization

25. Management ULPs Discipline or discriminate against an employee for filing a complaint under the statute Refuse to consult or negotiate in good faith Fail or refuse to cooperate in impasse procedures or decisions

26. Management ULPs Enforce any rule or regulation which is in conflict with a collective bargaining agreement if the agreement was in effect before the rule or regulation was prescribed Otherwise fail or refuse to comply with any provision of the statute

27. Common Management ULPs Failure to notify union prior to changes or otherwise bargain in good faith Failure to allow union representative at a formal discussion Denial of union representation during investigative meetings

28. Common Management ULPs Failure to furnish information under 5 U.S.C. 7114(b)(4) Discipline or other personnel actions based on union activity Different treatment base on union activity Retaliatory actions/threats based on union activity

29. Filing ULPs Within 6 months of occurrence of the conduct or event Anyone may file

30. ULP Remedies Status quo ante Back pay Restored leave Order to Bargain Cease and desist order Posting Attorney fees

31. Factors Governing ULPs Decisions establish precedence FLRA controls ability to proceed No cost to file Days to file set by statute Injunction

32. Settlement of ULPs Parties may settle anytime during the process ADR encouraged with or without FLRA assistance (Collaboration and Alternative Dispute Resolution Program)

33. Past Practices Existing practices sanctioned by use and acceptance that are not specifically included in the collective bargaining agreement

34. Factors Indicating Past Practice Condition of employment Legal Followed by labor and management or by one party and not challenged by the other Practice must be consistently exercised Practice existed for substantial time and occurred repeatedly

35. Changing Past Practices Must complete bargaining unless practice is inconsistent with law or practice is not known at national level in a nationwide unit

36. Official Time Duty time that is granted to a union official to perform representative functions on duty time without loss of pay or charge to leave. 5 USC 7131

37. Sources of Official Time Collective bargaining FLRA Representation matters Other purposes

38. Official Time for Collective Bargaining SHALL be authorized to negotiate contracts Numbers equal to those representing management

39. Official Time for FLRA Proceedings FLRA determines who is entitled to time FLRA determines how much time

40. Official Time for Representation SHALL be granted Parties negotiate amount

41. Official Time for Other Purposes Must be related to labor-management relations activities EEOC MSPB OWCP Unemployment compensation hearing not appropriate