AFGE Education and Leadership Development Legal Rights of Union Reps Fed’l Sector Labor Mgt Relations Act (FSLMRA) “Weingarten Rights” Mid-term.

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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

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Protections Under the FSLMRA

Section 7102. Employee’s Rights:1. THE RIGHT TO ORGANIZE

2. THE RIGHT TO BARGAIN

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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:

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Section 7102. Employee’s Rights:

Except as otherwise provided under this chapter, such right includes the right-- (1) to act for a labor organizationin the capacity of a representative and the right, in that capacity, to present the views of the labor organization toheads of agencies and other officials of the Executive branchof the Government, the Congress, or other appropriateauthorities, and (2) to engage in collective bargaining withrespect to conditions of employment through representativeschosen by employees under this chapter.

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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.

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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

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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

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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.

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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

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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

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“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

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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

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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.”

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What does the law require the employer to do?

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

bargain

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“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.

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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

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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…

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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.”