Transcript Legal Rights of Stewards

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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Section 7102. Employee’s 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.
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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 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.
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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:
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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, including 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.”
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