Labor Relations 101

Brought to you by:THE APHIS LABOR RELATIONS TEAM

Labor Relations

APHIS LABOR RELATIONS:

Frank King, Branch Chief LR, (202) 799-7074 Peter Brownell, LR Specialist, (970) 203-4476 Robi Maple, LR Specialist, (803) 396-9150 Joanne Adams, LR Specialist (301) 851-2942

http://inside.aphis.usda.gov/mrpbs/labor_relations.shtml

Labor Relations

§ 7101 (a) “…Therefore, labor organizations and collective bargaining in the civil service are in the public interest.”

§ 7101 (b) “It is the purpose of this chapter 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. The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government.”

Labor Relations

WHAT ARE MY “RIGHTS” (as a Manager)To assign workTo give performance appraisalsTo have a management “rep” when meeting with

the UnionTo take disciplinary actionsTo Hire and reassignTake necessary action to complete the mission

of the agency

Labor Relations

Two types of management’s rights–Mandatory or “reserved” rights

Appropriate arrangements and

I & I bargaining–Permissive rights–Always check your negotiated

contract for language on management rights

Labor Relations

Negotiability appeals or outside the duty to bargain

Mitigation of an adverse impact of the exercise of a management right–Excessive interference test

Labor Relations

WHAT ARE THE UNION’S RIGHTS?To “represent” their Bargaining Unit

Formal discussions and examinationsTo negotiate contracts or changes in working

conditionsTo offer and present its views to the AgencyTo obtain information To have “official time” for representation dutiesTo file grievances or complaints

Labor Relations

Formal discussion

Examination of employees– Weingarten rights

Formal Discussions

Union Representation at the Meeting  The union has the right to choose which

representative it wants to send to the meeting. 

If a union representative does attend, the representative may:– ask clarifying questions– state the union’s views– agree or disagree with management’s views

Formal Discussions

The union representative should not:– disrupt the meeting– take over the meeting– bring the meeting to a halt– engage in egregiously disrespectful or antagonistic

behavior– answer for the employee– instruct the employee not to answer questions or

provide a completed, signed affidavit or interrogatory

Weingarten Rights

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

Weingarten Rights

During an investigatory interview, the Supreme Court ruled that the following rules apply:

1. The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

2. After the employee makes the request, the employer must choose from among three options. The employer must: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.

3. If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

Weingarten Rights

What Role Does the Union Representative Play?

The representative's role is to assist the employee and the representative may do so "by attempting to clarify the facts or suggest other employees who may have knowledge of them."

A representative oversteps his/her bounds in instructing an employee not to answer a question or questions during an interview.

An employer may "eject" a representative who engages in such behavior because "it is within an employer's legitimate prerogative to investigate employee misconduct in its own facilities without interference from union officials.”

Information Request

Right to Information

1. Only Union may request

2. Maintained in regular course of business

3. Reasonably available

4. Reasonably necessary for full/proper discussion, understanding, and negotiation– provide particularized-need

statement

5. Exception for information constituting guidance, advice, training for Management related to collective bargaining

Official Time

A grievant, and/or Union Representative will be entitled to a reasonable amount of official time, taking into account workload considerations, to prepare (e.g., gather facts and information, etc.), consult with a Union Representative, and present a grievance.

Unfair Labor Practices (ULP) -

(a) It shall be an unfair labor practice for an agency—

to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;

to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;

to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;

Unfair Labor Practices (ULP) -

to refuse to consult or negotiate in good faith with a labor organization as required by this chapter; …

to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of this title) which is in conflict with any applicable CBA if the agreement was in effect before the date the rule or regulation was prescribed; or

to otherwise fail or refuse to comply with any provision of this chapter.

Consultation

§ 7117(d)(1) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment.

Pre-Decisional Involvement

1. What is PDI?

Pre-Decisional InvolvementUnder EO 13522 Agencies must establish labor-

management forums and, through the forums

Allow employees and union pre-decisional involvement to the fullest extent practicable on all workplace matters without regard to negotiability under §7106 of the Statute

Pre-Decisional Involvement

Basic Principles PDI occurs early when ideas are

forming

Participants have common expectations

Information is freely shared

Joint development of solutions

Consensus based problem-solving, focused on interests

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What is a Grievance?A grievance means any complaint:A. By any employee in the bargaining unit concerning

any matter relating to the employment of the employee;

B. By the Union concerning any matter relating to the employment of any employee within the bargaining unit; or

C. By any bargaining unit employee, the Union, or the Employer concerning:1. The effect or interpretation, or a claim of breach,

of this Agreement; or,2. Any claimed violation, misinterpretation, or

misapplication of any law, rule, or regulation affecting conditions of employment.