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An employee representing a union is entitled to official time for representational purposes including while negotiating a collective bargaining agreement during the time the employee otherwise would be in a duty status. The entitlement extends to time expended in proceedings designed to resolve an impasse in negotiations. The number of union officials authorized official time for negotiations is generally set forth in ground rules but normally may not exceed the number of management officials designated for this purpose.
An employee representing another employee in a grievance matter is entitled to official time, as well as employees who are witnesses in arbitration proceeding.
To the extent the union and management agree that official time is reasonable, necessary, and in the public interest, an employee may also be given official time when representing the union. Similarly, bargaining unit employees may be given official time in connection with any other matter covered under 5 U.S.C. Chapter 71.
Union officials usually perform their union functions on an as-needed or on-call basis and remain assigned to the primary duties for which they are employed. There are situations, however, where the union and management have agreed to full-time union representatives.
Collective bargaining agreements usually establish procedures for union representatives to follow in requesting official time. Such procedures often require supervisory approval, identify the criteria under which supervisors may deny official time or schedule its use, and identify the purposes for which union representatives may use official time.
The Federal Labor Relations Authority determines to what extent employees participating for, or on behalf of a union, in proceedings before the Authority may be authorized official time during the time the employee otherwise would be in a duty status.
Employees may not be authorized official time to conduct internal union business. This includes the solicitation of membership, elections of union officials, and the collection of dues. All such activities must be performed while the employee is in a non-duty status.
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