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What Rights do Employees have in the Labor Relations Statute? |
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Can a matter that does not actually involve a condition of employment become a past practice? |
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Can a practice replace a conflicting labor agreement provision? |
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What if a practice is in conflict with law or controlling government-wide regulations? |
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Does the agency have to provide advance notice before terminating an "illegal" past practice? |
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A union is an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment. What is Negotiation or Collective Bargaining? Collective Bargaining is bargaining between and/or among representatives of agencies and labor unions to set working conditions for all employees in an appropriate bargaining unit. Employees have the right to engage in negotiations (i.e., collective bargaining) over conditions of employment through their chosen union representatives. Negotiating or collective bargaining is the mutual obligation of management and the union to meet at reasonable times and bargain in a good faith effort to reach agreement with respect to conditions of employment affecting employees represented by the union. Conditions of employment is a broad term which encompasses personnel policies, practices, and matters affecting working conditions. Certain matters are specifically excluded by law from being considered a condition of employment (e.g., the classification of a position). What is an appropriate bargaining unit? An appropriate bargaining unit is a grouping of employees that a union represents or seeks to represent and that the Federal Labor Relations Authority finds appropriate for collective bargaining purposes. What is an exclusive recognition? The Statute provides that an agency shall recognize a labor organization as the exclusive representative of employees in a bargaining unit, if that organization has been selected as the representative by a majority of the unit's employees who voted in a secret ballot election. What are conditions of employment? Conditions of employment means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise [e.g., by custom or practice], affecting working conditions, except that such term does not include policies, practices, and matters--(A) relating to political activities prohibited under subchapter III of chapter 73 of this title; (B) relating to the classification of any positions; or (C) to the extent such matters are specifically provided for by Federal statute. What Rights do Employees have in the Labor Relations Statute? Employees have the right to form, join or assist a union or to refrain from doing so. Employees shall be free to exercise this right without fear of penalty or reprisal and shall be protected in exercising this right. Employees have the right to:
What are the Representational Rights of the Union? A union that has been accorded exclusive recognition for a bargaining unit has a duty to fairly represent all employees in the bargaining unit. The union has the right to:
Management rights is a term which defines those areas over which management exercises exclusive decision-making authority. These rights are spelled out in the Federal Service Labor-Management Relations Statute. There are two categories of management rights, "mandatory" or reserved rights, such as the right to determine mission, budget, internal security and "permissive" rights. Permissive rights are those rights (e.g., numbers, types and grades of employees assigned to an organizational subdivision, work project, or tour of duty) that management may bargain, but is not statutorily required to do so. What is a negotiated Grievance Procedure? The negotiated grievance procedure is a system for resolving disputes. It is a method, established by the union and management, for finding out where problems exist and solving those problems fairly and quickly. Every collective bargaining agreement must contain a negotiated grievance procedure. A grievance is defined in the Collective Bargaining Agreement and may cover any complaint:
Past practice is a labor relations term of art that is used to describe a pattern of behavior that is clear and unequivocal, longstanding, known to both parties, and accepted without protest or attempt to stop the behavior. If the pattern of behavior is not in conflict with law or controlling government-wide regulations, and involves a condition of employment of bargaining unit employees, it usually qualifies as a "past practice."
Can a matter that does not actually involve a condition of employment become a past practice? No. A matter that doesn't involve conditions of employment of bargaining unit employees can't magically "ripen" into a past practice.
What if management doesn't know about an alleged practice; for example, if employees are taking an extra break every afternoon? A pattern of behavior, no matter how often or how long repeated, does not become a valid past practice without the knowledge and implied consent of both parties.
Can the exercise of a management right in the same manner over an extended period of time create a past practice?
No. Valid past practices cannot conflict with applicable law. And law-specifically the federal labor relations Statute-grants management the right to exercise certain enumerated rights. No claimed practice can override that statutory right. Can a practice replace a conflicting labor agreement provision? In some cases, yes. Most arbitrators recognize that a written agreement constitutes the best evidence of the parties' intent in most situations. However, if a pattern of behavior is long enough and clear enough, known to both sides and clearly in conflict with the contract, arbitrators will sometimes rule that the practice has modified or replaced the contract provision.
What if a practice is in conflict with law or controlling government-wide regulations? Then it is not a valid past practice, and the agency is entitled to terminate it without first having to obtain union agreement. Note, however, that the agency acts "at its own peril" in taking such action; i.e., if the practice is eventually found not to conflict with law or regulation, the agency is liable to a ULP finding.
Does the agency have to provide advance notice before terminating an "illegal" past practice? Yes. Although there's no obligation to bargain on the change itself, the agency is still required to provide advance notice of the change and to bargain on the impact of the change, if any-though such bargaining doesn't have to be completed before the change is made. |
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