Legal Rights of Union Reps

1
Legal Rights of Union Reps

• Fedl Sector Labor Mgt Relations Act (FSLMRA)
• Weingarten Rights
• Mid-term Bargaining
• Duty of Fair Representation (DFR)
• Official Time

2
Protections Under the FSLMRA

• Section 7102. Employees Rights
• THE RIGHT TO ORGANIZE
• 2. THE RIGHT TO BARGAIN

3
Section 7102. Employees Rights
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.
4
Section 7102. Employees 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.

5
How is the Fedl 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.

6
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

7
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

8
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.

9
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

10
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

11
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

12
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.

13
What is Mid-term Bargaining?

• Sec. 7117 (d)(1) of the Act requires the employer
  to bargainnot only during contract negotiations
  but continually if the changes substantially
  affect conditions of employment.

14
What does the law require the employer to do?

• Notify the union well in advance, and
• Give adequate opportunity to the union to bargain

15
Managements Rights and Mid-term Bargaining?

• Sometimes employers try to use the managements
  rights clause of the contract to avoid the
  obligation of mid-term bargaining.

16
Duty of Fair Representation

• Unions have a duty to represent all bargaining
  unit employees
• Unions commit DFRs if its behavior is
  arbitrary, discriminatory, or in bad faith

17
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

18
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.