Labor Relations 101

1. Labor Relations 101 Brought to you by: THE APHIS LABOR RELATIONS TEAM

2. 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

3. 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.”

4. Labor Relations WHAT ARE MY “RIGHTS” (as a Manager) • 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

5. 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

6. 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

7. 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

8. Labor Relations • Formal discussion • Examination of employees • Weingarten rights

9. 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

10. 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

11. 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.

12. Weingarten Rights During an investigatory interview, the Supreme Court ruled that the following rules apply: • The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request. • 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. • 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.

13. 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.”

14. 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

15. 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.

16. 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;

17. 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.

18. 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.

19. Pre-Decisional Involvement 1. What is PDI? Pre-Decisional Involvement Under 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

20. 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

21. 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.