FormalDiscuss

By law, the unions have the right to represent unit employees. This includes the right to attend certain formal meetings and investigatory examinations between management and unit employees.

Two criteria are critical in determining whether a discussion is a formal discussion:

· who will be at the meeting; and

· the subject of the discussion.

A formal discussion requires that the meeting include:

· one or more representatives of the agency (e.g., supervisors, management officials, human resource specialists or attorneys);

· one or more employees in the bargaining unit or their representative(s); and

· a discussion concerning grievances, personnel policies and practices, or other

· matters affecting general working conditions.

There is no right of representation at non-formal meetings or interviews held by management. A formal discussion is determined by the composition of the persons in attendance and the content of the discussions.

Personnel policies or practices, or other general conditions of employment are those subjects which affect employees in the unit generally, as opposed to individually. Meetings discussing changes in personnel policies or practices or general working conditions clearly require that the union be given an opportunity to be represented. The union also has the right to be represented at meetings discussing existing personnel policies, practices and general working conditions.

"Grievance" is any matter in which an employee is seeking redress from management to include redress sought through third parties such as the Federal Labor Relations Authority. This is more than a gripe. The union has a right to be present at any grievance discussion affecting unit employees. This right exists at all stages of the grievance procedure and includes the so-called "informal" stage in which an employee is initially discussing the grievance with the supervisor. It also includes a meeting with any management representative and any unit employee involving an adjustment of the grievance, or meetings to interview employee witnesses for third-party proceedings, such as MSPB hearings or EEOC hearings. This right exists even if the employee does not want the union present because the union represents the interests of all bargaining unit employees, and any grievance could impact on other employees.

Several meetings between an employee and management representatives on individual employee matters do not fall within the definition of formal discussion. They include counseling sessions: discussion of individual job performance, EEO counseling sessions, EEO settlement discussions initiated by the employee, and meetings to deliver work instructions or to discuss work assignments.

The intent is to provide the union with the opportunity to safeguard the interests of employees at formal meetings held by management. It requires management to give the union reasonable advance notification of the time, place and general subject of the meeting and an opportunity to attend the meeting.

If the union has been properly notified and does not appear at the meeting, it has waived the right to be represented and the meeting may be held without the union.

"Represented" includes not only the right to be present at the meeting but the right to fully participate in the discussion. The mere inadvertent presence of union officials is insufficient to satisfy management's duty under the Statute. That is, management must actually notify the union of the time and place of the meeting so that it might choose its own representative.