Labor Relations 101
Brought to you by:
THE APHIS LABOR RELATIONS TEAM
Labor Relations
APHIS LABOR RELATIONS:
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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
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http://inside.aphis.usda.gov/mrpbs/labor_relations.shtml
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Labor Relations
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§ 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)
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To assign work
To give performance appraisals
To have a management “rep” when meeting with
the Union
To take disciplinary actions
To Hire and reassign
Take necessary action to complete the mission
of the agency
Labor Relations
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Two types of management’s rights
 Mandatory or “reserved” rights
 Appropriate arrangements and
I & I bargaining
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Permissive rights
 Always check your negotiated
contract for language on
management rights
Labor Relations
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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 examinations
 To negotiate contracts or changes in working
conditions
 To offer and present its views to the Agency
 To obtain information
 To have “official time” for representation duties
 To file grievances or complaints
Labor Relations
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Formal discussion
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Examination of employees
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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.
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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.
1. 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.
1. 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?
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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."
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A representative oversteps his/her bounds in instructing an
employee not to answer a question or questions during an
interview.
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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
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Only Union may request
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Maintained in regular course of
business
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Reasonably available
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Reasonably necessary for
full/proper discussion, understanding, and
negotiation
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provide particularized-need statement
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Exception for information
constituting guidance, advice, training for
Management related to collective
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) -
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(a) It shall be an unfair labor practice for an agency—
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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;
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Unfair Labor Practices (ULP) -
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to refuse to consult or negotiate in good faith with a
labor organization as required by this chapter; …
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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
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to otherwise fail or refuse to comply with any
provision of this chapter.
Consultation
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§ 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 Governmentwide 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 Involvement
Under EO 13522 Agencies must establish labormanagement forums and, through the forums
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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
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PDI occurs early when ideas are forming
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Participants have common expectations
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Information is freely shared
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Joint development of solutions
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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.