Roles/Expectations/Resources

1
Roles/Expectations/Resources
The National Oceanic and Atmospheric
Administration has one of the most dynamic labor
relations environments in the federal sector.
There are 22 labor unions representing the
interests of over 5,000 employees within the line
and corporate offices in NOAA. These offices have
designated specific management officials to serve
as points of contact and liaisons between
management and the appropriate unions.
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Roles/Expectations/Resources

• As a management representative, you are directly
  responsible for communicating, promoting, and
  protecting the interests of NOAA management.
• As a management representative, you are required
  to
• Engage the union to communicate proposed changes
  in conditions of employment
• Coordinate responses to requests for information
  and proposals submitted by the union

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Roles/Expectations/Resources

• Participate in negotiations over the
  implementation of changes in conditions of
  employment
• Consult with WFMO and OGC to ensure all oral and
  written communications to the union accurately
  reflect the interest of your organization and
  NOAA
• As the voices of NOAA, you are uniquely
  responsible for promoting and protecting the
  interests of NOAA.

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Roles/Expectations/Resources
Your efforts are supported by the Workforce
Management Office (WFMO) and the Department of
Commerce, Office of General Counsel (OGC). The
WFMO labor relations advisors are your primary
resources in the labor relations process. These
advisors will provide guidance, conduct the
necessary research, assist with negotiations, and
prepare written communications to the unions on
your behalf.
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Roles/Expectations/Resources
The NOAA Labor Relations Officer (LRO) serves as
the agency point of contact for information on
nationally and locally relevant labor relations
issues within NOAA and the Department of
Commerce. The LRO also provides specific
guidance and operational assistance in every
aspect of the labor relations process. The
Department of Commerce, Office of General
Counsel, serves as a consultant in the labor
relations process. In addition, OGC is the
official agency representative in all
administrative forums (e.g., Federal Labor
Relations Authority).
6
Legal Authority The Statute
What is the Federal Service Labor-Management
Relations Statute? Title 5 United States Code
Chapter 71 - The regulation which prescribes the
organization and operation of labor unions in the
federal sector. - It defines the roles,
responsibilities, and rights of labor unions and
agency management in fulfilling their labor
relations obligations.
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Legal Authority The Statute
5 U.S.C. Chapter 71 (The Statute) To prescribe
certain rights and obligations of the employees
of the Federal Government and to establish
procedures which are designed to meet the special
requirements and needs of the Government.
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Legal Authority The Statute
In plain English - It creates a formal
relationship between management and employees and
provides a framework for interaction. - It gives
employees a unified voice in addressing
concerns in the workplace. - It establishes a
specific point(s) of contact for managers to
communicate and deal with employees on issues in
the workplace.
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Legal Authority The Statute
Pertinent Sections of the Statute 7102
Employees Rights 7103 Definitions 7104 Federal
Labor Relations Authority 7106 Management
Rights 7113 National Consultation Rights 7114
Representation Rights and Duties 7116 Unfair
Labor Practices 7117 Duty to Bargain in Good
Faith
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Legal Authority The Statute

• Employee Rights (Section 7102)
• 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 . . .
• To act as a representative of a labor
  organization.
• To engage in collective bargaining with respect
  to conditions of employment through
  representatives chosen by employees.

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Legal Authority The Statute

• Exclusive Representative (Section 7114)
• The union is the exclusive representative for ALL
  employees within the bargaining unit (the
  specific group of employees it represents).
  As such, it has the right
• To act for and negotiate collective bargaining
  agreements covering all employees in the
  bargaining unit.
• To represent the interests of all bargaining
  unit employees without regard to union
  membership.
• To be represented at formal discussions and
  examinations of bargaining unit employees in
  connection with an investigation.

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Legal Authority The Statute

• Management Rights (Section 7106(a))
• Management has the right to
• To determine the mission, budget, organization,
  number of employees, and internal security
  practices of the agency.
• In accordance with applicable law
• (A) To hire, assign, direct, layoff, retain, or
  suspend, reduce in grade or pay, or take other
  disciplinary action against employees.

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Legal Authority The Statute
Management Rights (Section 7106(a)) (2) (B) To
assign work, to make determinations with respect
to contracting out, and to determine the
personnel by which agency operations shall be
conducted (C) To make selections from
appropriate sources (D) To take necessary
actions during emergencies.
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Legal Authority The Statute

• The Obligation to Bargain (Section 7106(b))
• (1) At the election of the agency, the agency and
  the union may bargain over
• Numbers, types, and grades assigned to entities.
• Methods and means of performing work.

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Legal Authority The Statute

• The Obligation to Bargain (Section 7106(b))
• However, the agency is obligated to bargain over
• Procedures management officials observe in
  exercising their authority.
• Appropriate arrangements for employees adversely
  affected by the exercise of management authority
  (e.g., if a parking lot is closed and employee
  parking is relocated, the parties may negotiate
  over transit to/from new parking, security
  issues, etc.).

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Legal Authority Collective Bargaining Agreement
A collective bargaining agreement (CBA) is an
agreement between management and a labor union
outlining the policies and procedures under which
they will operate. Typical areas include Awards
Management Rights Discipline Merit
Assignment Employee Rights Negotiations EEO Perf
ormance Grievances Safety Leave Training
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Legal Authority Memorandum of Understanding
In the absence of, or as an addenda to, a
collective bargaining agreement, there are other
written agreements which define the polices and
procedures under which management and employees
will operate. These are referred to as
Memorandum of Understanding (MOU). They carry
the same weight and authority as a contract
provision because they are negotiated and agreed
to by the parties.
18
Legal Authority Past Practice
A past practice is a condition or circumstance in
a work environment that exists with the knowledge
of management over an extended period of
time. Although there is no written policy
governing the specific condition or circumstance,
its prolonged existence gives it the same weight
as a written policy. As a result, when management
wishes to alter such a condition, it has to
provide the union notice and an opportunity to
bargain over the proposed change.
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Legal Authority In the Absence of . . .
As previously mentioned, the Statute governs all
federal sector labor relations. However, even in
the absence of formal agreements or past
practices, you are still required to follow the
protocol identified in the Statute regarding
proposed changes in conditions of employment and
disputes in the workplace.
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Day to Day Operations Conditions of Employment

• Managers are required to deal with the union
  regarding any and all changes in Conditions of
  Employment.
• Section 7103(a)(14) of the Statute defines as
• Conditions of Employment - Personnel policies,
  practices, and matters, whether established by
  rule, regulation, or otherwise, affecting working
  conditions.
• The circumstances surrounding employees
  performance of work. What, Where, When, and How
  work gets done and by Who.

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Day to Day Operations Conditions of Employment

• Exceptions to conditions of employment
• Policies, practices, and matters
• Relating to political activities prohibited
  under 5 U.S.C. Chapter 73, subchapter III.
• Relating to the classification of any position.
• To the extent such matters are specifically
  provided for by Federal statute.

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Day to Day Operations Conditions of Employment

• When management develops a plan to exercise one
  of its rights or to change existing conditions of
  employment, it must first
• Provide the union with advance written notice
  of intent to change.
• The notice must include the opportunity for the
  union to comment on the change and/or request to
  bargain over the implementation of the change.

23
Day to Day Operations Grievances

• Section 7103(a)(9) of the Statute
• Any complaint
• By a bargaining unit employee concerning any
  matter related to the employment of the employee.
• By a labor organization concerning any matter
  relating to the employment of any employee.
• By an employee, labor organization, or agency
  concerning
• The effect or interpretation, or a claim of
  breach, of a collective bargaining agreement or
• Any claimed violation, misinterpretation, or
  misapplication of any law, rule, or regulation
  affecting conditions of employment.

24
Day to Day Operations Information Requests

• Section 7114(b)(4) of the Statute
• The Agency, upon request, must provide to the
  union any information
• Which is normally maintained by the Agency in the
  regular course of business
• Which is reasonably available and necessary for
  participation in the bargaining process and
• Which does not constitute guidance, advice,
  counsel, or training provided for managers
  related to collective bargaining.

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Day to Day Operations Formal Discussions

• Section 7114(a)(2)(A) of the Statute
• A meeting 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.
• The union must be given prior notice and the
  opportunity to attend.
• Notice is mandatory, attendance is not.
• Union may participate, but cannot be
  disruptive.
• Some factors that lend to formality an agenda,
  the participants, and mandatory attendance.
• To avoid allegations of failing to notify the
  union, please consider the purpose and possible
  discussions in meetings and decide whether
  formally inviting the union is appropriate and
  required.

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Day to Day Operations Meeting with Employees
The union is the exclusive conduit for
communicating proposed changes in the workplace
to employees. Operational/Informational
discussions are appropriate. However, a meeting
where employees input and/or suggestions
regarding conditions of employment are solicited
and discussed requires giving the union prior
notice of the meeting and the opportunity to
attend. Such a meeting is considered a formal
discussion.
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Day to Day Operations Other Meetings
Performance Meetings Generally, managers are
entitled to discuss matters unique to a specific
employee (e.g., performance issues). The union
does not have an entitlement to attend. Politely
ask them to leave. However, if a situation is
acrimonious between a manager and an employee it
may be to your advantage to invite the union or
another manager to attend. It is a judgment call.
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Day to Day Operations Other Meetings

• Weingarten Rights (Section 7114(a)(2)(B))
• The right of an employee to have a union
  representative present at any examination of the
  employee 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.

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Day to Day Operations Other Meetings

• Once an employee invokes their Weingarten rights,
  management must
• Stop the meeting, or
• Allow the employee to retrieve their
  representative and reconvene or reschedule the
  meeting.
• Reasonable belief is a judgment call.
• You can try to reassure the employee that no
  discipline will result, but unless they clearly
  waive their rights stop the meeting!

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Day to Day Operations Unfair Labor Practice
Section 7116 of the Statute An unfair labor
practice is defined as a violation of any
provision of the Statute by either management or
the union.
31
Engaging the Union Communication
The nature of the relationship between management
and the union determines the best method(s) to
communicate and discuss changes in conditions of
employment and resolve disagreements within an
organization. In a cordial and cooperative
relationship, the parties may informally discuss
and resolve issues related to changes in the
organization. In a combative relationship, it is
imperative that all communications be formal and
strictly adherent to statutory and/or contractual
guidelines.
32
Engaging the Union Communication
Prior to initiating communications with or
responding to correspondence from the union, it
is IMPERATIVE that you consult and work closely
with your labor relations advisors and the Office
of General Counsel, as appropriate, to ensure
that you are properly fulfilling your labor
relations obligations. Throughout the process,
your advisors are available to provide you with
guidance and hands-on assistance in fulfilling
your responsibilities and in dealing with
difficult labor-management relationships.
33
Engaging the Union Recognizing the Issue

• Does the proposed action affect WHO, WHAT,
  WHERE, WHEN, WHY, or HOW employees do their job?

• Is it an exercise of managements rights under
  the Statute?

• Is the matter addressed in a previous
  collective bargaining agreement (contract),
  Memorandum of Understanding (MOU), or by existing
  practice (past practice) in the workplace?

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Engaging the Union Recognizing the Issue
WHO is affected by the change? If the change
affects bargaining unit employees, you must
notify the union.

• WHAT is the nature of the change?
• Is it practical/logistical (an office move) or
  operational (changes in technology or workload)?
• Is it deminimis (so small that it affects
  nothing)?

WHERE does the change take place? Does it affect
more than one organization?
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Engaging the Union Recognizing the Issue
WHEN does the change take place? Is it gradual?
Immediate? Are there exigent circumstances? The
desired implementation schedule will determine
the appropriate strategy for addressing and
resolving issues.
WHY is the change necessary? The rationale for
making changes in working conditions should
be In the interests of operational efficiency .
. .
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Engaging the Union Recognizing the Issue
HOW is the change being made? What procedures
does management propose for making the
change? Your ability to recognize the nuances
related to proposed changes in conditions of
employment is critical to the development of
appropriate strategies to address and resolve
labor relations issues.
37
Engaging the Union Union Representatives
Union representatives are designated by the union
membership to represent the interests of the
employees in the bargaining unit. You should have
NO involvement in or express an opinion about who
the union selects to represent its interests. If
you have a problem with a union representative,
contact your labor relations advisor for guidance.
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Engaging the Union Your Role in the Process
As a member of management, you are responsible
for implementing and enforcing policies and
procedures in the workplace. As such, your
relationship with the labor union within your
organization must facilitate this objective.
You must always remain professional even if your
audience behaves in a contrary manner. It is
also important that you avoid at all costs
injecting personal bias into your decisions and
your dealings with the union. WITHOUT YOU, the
labor relations process cannot and will not work!
39
Engaging the Union Negotiations

• When management develops a plan to exercise one
  of its rights or to change existing conditions of
  employment, it must first
• Provide the union with advance written notice
  of intent to change.
• The notice must include the opportunity for the
  union to comment on the change and/or bargain, as
  appropriate, over the implementation of the
  change.

40
Engaging the Union Negotiations

• If the union elects to bargain over the change
• 1. The union bargains on behalf of all of the
  affected employees in the bargaining unit.
• The nature of the change determines the
  complexity of the process.
• Bargaining methods may vary (traditional or
  collaborative).
• If bargaining is requested, the change cannot be
  implemented until bargaining is completed.
• If bargaining is not requested, the change may be
  implemented immediately.

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Engaging the Union Methods of Negotiation

• Traditional (Formal) Approach
• Management provides the union notice of intent to
  change.
• Union requests opportunity to bargain.
• Written Proposals/Counterproposals are exchanged.
• Agreement is reached.
• Change is implemented.

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Engaging the Union Methods of Negotiation

• Collaborative (Interest-based) Approach
• Management develops plan.
• Conducts pre-decisional discussions with union
  and designated employees to address and resolve
  issues and concerns.
• Presents official written proposal to union.
• Union responds (with concurrence).
• Change is implemented.

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Engaging the Union The Reality of the Process
Be advised, in some instances, the unions sole
purpose is to resist change. In light of this,
it important to choose the approach and strategy
that affords the best opportunity for
success. For example, the union proposes
something you would declare non-negotiable.
Instead of drawing a hard-line, it may be to
your benefit to explore other alternatives to
avoid protracted delays in the negotiation
process (resulting from a third party appeal).


44
Engaging the Union The Reality of the Process
Remember, your interest is in reaching an
agreement. Flexibility does not necessarily
equate to weakness. It does NOT mean that
managements objectives are compromised or
sacrificed, just that you are receptive to
different methods of accomplishing them. The
cost of long-term delays is often more
prohibitive than the perceived weakness of
considering alternatives and/or modifications to
the changes in policies and procedures originally
communicated to the union.


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Engaging the Union Duty to Bargain in Good
Faith

• Section 7114(b) of the Statute states that
• The agency and the union have an obligation to
  negotiate in good faith. In lay terms, this
  means they must play fair. Both parties must
• Have a sincere resolve to reach agreement
• Have representatives who are empowered to make
  decisions participate in the negotiations
• Be reasonable in scheduling negotiations.
• In addition, the agency, upon request, must
  provide to the union any information that is
  reasonably available and necessary for
  participation in the bargaining process.

46
Engaging the Union Senior Management
Concurrence



Although you are the voices of NOAA, the
messages you communicate must be sanctioned from
above. Regardless of your individual proficiency,
it is impossible to fulfill your labor relations
obligations without the concurrence, endorsement,
and support of your organizations leadership.
It is your responsibility to establish and
maintain a consistent dialogue with senior
management within your organization.
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Engaging the Union Senior Management
Concurrence

• The rationale for maintaining dialogue
• It educates senior management on various labor
  relations issues and creates an organizational
  awareness of the tasks in which you are engaged.
• It allows you to identify and discuss the posture
  of the organization regarding the various issues.

48
Engaging the Union Senior Management
Concurrence

• The rationale for maintaining dialogue
• It provides a realistic perspective on the
  commitment of resources and time required to
  fulfill the organizations labor relations
  obligations.
• It cultivates the organizations investment in
  the success of your efforts.

49
Engaging the Union Collaboration

The success of our labor relations efforts
depends on the cooperation and support of various
entities throughout NOAA. Each of these entities
Line and Corporate Offices, the Workforce
Management Office, and the Office of General
Counsel are equally vital to these
efforts. Like a puzzle, we all have a place.
Outside of that place, we are ill-fitted.
However, in our proper place, we work together to
promote the interests of NOAA.