2. AFGE Education and Leadership Development Legal Rights of Union Reps  Fed’l Sector Labor Mgt Relations Act (FSLMRA)  “Weingarten Rights”  Mid-term Bargaining  Duty of Fair Representation (DFR)  Official Time

3. AFGE Education and Leadership Development Protections Under the FSLMRA Section 7102. Employee’s Rights: 1.THE RIGHT TO ORGANIZE 2. THE RIGHT TO BARGAIN

4. AFGE Education and Leadership Development Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Section 7102. Employee’s Rights:

5. AFGE Education and Leadership Development Section 7102. Employee’s Rights: Except as otherwise provided under this chapter, such right includes the right-- (1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the Executive branch of the Government, the Congress, or other appropriate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.

6. AFGE Education and Leadership Development How is the Fed’l Sector Labor Management Relations Act Enforced?  When an employer violates the Act the union can file an “UNFAIR LABOR PRACTICE” (ULP)  The Federal Labor Relations Authority (FLRA) enforces the act.

7. AFGE Education and Leadership Development Five Types of Illegal Employer Actions  Interfere, restrain or coerce employees in relations to union activity  Dominate unions  Discriminate for union activity  Retaliate for filing a ULP  Refuse to bargain in good faith with union representatives

8. AFGE Education and Leadership Development Who, When and What Happens when a ULP is filed?  Who: The Union  When: Within 6 months from alleged violation  What happens: The FLRA will investigate, issue a formal complaint, dismiss or defer the ULP

9. AFGE Education and Leadership Development What Does the Act Say about Union Representatives? The Equality Rule  Union stewards and reps have a “special status” when handling contract violations.  Union Representatives, including the steward, are equal in status to management when acting in an official union capacity.

10. AFGE Education and Leadership Development Grievance Handling and the Law  The grievant cannot be intimidated  Stewards can solicit grievances  Investigation “on government time” is not protected by law  All grievance settlements must be done through the union

11. AFGE Education and Leadership Development Right to Information  As a steward, you may request information: To monitor compliance with the contract To investigate whether a grievance exists To prepare for a grievance meeting To decide whether to drop a grievance or move it up the ladder To prepare for an arbitration hearing

12. AFGE Education and Leadership Development “Weingarten Rights”  Employees have the right to union representation during an investigatory interview!  Unlike “Miranda rights” the employer is not required to ask the employee if they want representation! SO YOU MUST ASK

13. AFGE Education and Leadership Development Suggested “flyer” to post for all employees:  (If called to a meeting with management, read the statement to the right before the meeting starts.)  If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully, request that my union representative, officer, or steward be present at this meeting. With representation present, I choose not to participate in this discussion

14. AFGE Education and Leadership Development What is “Mid-term” Bargaining?  Sec. 7117 (d)(1) of the Act requires the employer to bargain— not only during contract negotiations but continually if the changes substantially affect “conditions of employment.”

15. AFGE Education and Leadership Development What does the law require the employer to do?  Notify the union well in advance, and  Give adequate opportunity to the union to bargain

16. AFGE Education and Leadership Development “Management’s Rights” and Mid-term Bargaining?  Sometimes employers try to use the “management’s rights” clause of the contract to avoid the obligation of mid-term bargaining.

17. AFGE Education and Leadership Development Duty of Fair Representation  Unions have a duty to represent all bargaining unit employees  Union’s commit DFRs if it’s behavior is arbitrary, discriminatory, or in bad faith

18. AFGE Education and Leadership Development Official Time Under Sec. 7131(a) of the Act, “ Any employee Representing an exclusive representative in the Negotiation of a CBA under this chapter shall be Authorized official time for such purposes, in- cluding attendance at an impasse proceeding…

19. AFGE Education and Leadership Development Official Time Under Sec. 7131(d) of the Act, union representatives and bargaining unit members… “Shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary and in the public interest.”