In addition to management and employees having statutory rights, unions
are also afforded certain rights. Once a union (e.g. AFGE Local 3313) is
recognized as the exclusive representative of a bargaining unit, the
Activity may not deal with any other organization concerning its employees,
over matters that are within the purview of the labor relations law. The
term exclusive representative refers to a status accorded to a union
approved by the Federal Labor Relations Authority (FLRA). As defined in 5
U.S.C. 7114, the labor Statute, the approved union is entitled to act for
and negotiate collective bargaining agreements covering all employees in the
bargaining unit without discrimination and without regard to labor
organization membership.
- A union of a bargaining unit in an agency is entitled to be
represented
- In a formal discussion 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; or
- At any examination of an employee in the unit 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.
- The duty of both the union and the agency is to bargain in good faith
by approaching negotiations with a sincere resolve to reach an
agreement.
- When the union can demonstrate a particularized need, it may request
data from the agency which
- Is normally maintained by the agency in the regular course of
business;
- Reasonably available;
- Is not training or guidance provided to supervisors and management
officials related to collective bargaining; and
- Is not prohibited by law to release.