HQ Marine Corps

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HQ Marine Corps

• Ms. Brenda Bartlow, Senior Labor Relations
  Specialist [phone]

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• Labor-Management Relations

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AGENDA

• Effective Labor/Management Relations
• Overview of the Federal Service Labor-Management
  Relations Program
• Key Labor-Management Situations

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FSLMR OVERVIEW

• Federal sector labor unions formally recognized
  by President John F. Kennedy via Executive Order
  10988 January 1962
• Representational rights of unions employees
  expanded by President Nixon via Executive Order
  11491 - 1969

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FSLMR OVERVIEW Cont

• Federal Labor Relations Authority
• - Established by Congress January 1979
• - Three fulltime members appointed by the
• President with advice and consent of
• Senate
• - Exercises leadership under the Federal
• Service-Labor Management Relations
• Statute 5 USC 71

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5 USC CHAPTER 71

• Legal foundation for operation of Federal
• Labor Management relations program
• - Establishes a tripod of rights
• Management - Employee Union
• - Provides Statutory requirement for agency and
• union to bargain in good faith
• - Defines Statutory violations that give rise
  to Unfair Labor Practice (ULP) charges.

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MANAGEMENT RIGHTS5 U.S.C. Section 7106(a)

• Determine the Agencys mission, budget,
  organization, number of employees, and internal
  security practices
• Hire, assign, direct, lay off, and retain
  employees
• Suspend, remove, reduce in grade or pay, or
  discipline employees

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MANAGEMENT RIGHTS cont

• Assign work, make determinations with respect to
  contracting out, and determine the personnel by
  which operations will be conducted
• Select and appoint employees from appropriate
  sources and
• Take whatever actions may be necessary to carry
  out the Agency mission during emergencies.

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EMPLOYEE RIGHTS5 U.S.C. Section 7102

• Form, join, or assist a labor organization.
• Refrain from these activities
• Act as a representative for a labor organization.
• -- Shop Steward or Chief Steward
• -- Local President
• -- Regional or National Representative

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EMPLOYEE RIGHTS cont

• As representative, present views of labor
  organization to Agency head, other Officials of
  Executive Branch or Congress.
• Bargain collectively through a labor organization
  with respect to conditions of employment.
• Exercise these rights without fear of penalty or
  reprisal from Agency Management.

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UNION RIGHTS5 U.S.C. Section 7114

• Exclusive representative of employees in
  bargaining unit and entitled to act for and
  negotiate collective bargaining agreements for
  all employees in the unit.
• Be given the opportunity to be represented at any
  formal discussion.
• Be given the opportunity to be represented at any
  meeting with unit employees in connection with an
  investigation if the employee reasonably

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UNION RIGHTS cont

• believes the meeting could result in
  disciplinary
• action and the EMPLOYEE REQUESTS union
• representation (Weingarten Discussions).
• Be given the advance notice of any proposed
  changes to established conditions of employment
  and an opportunity to negotiate over these
  proposed changes absent any clear and
  unmistakable waiver of this right.

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UNFAIR LABOR PRACTICE (ULP)

• An alleged violation of a right protected by the
  Federal Service Labor-Management Relations
  Statute (5 U.S.C. Chapter 71)
• Violations can occur either because of improper
  action or failure to act at all.
• Important to keep in mind
• -- A ULP can be filed by an employee, the
  union, or management but the overwhelming
  majority are filed by unions employees against
  Agency management.

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Key Labor-Management Situations

• Changes in a unionized organization
• Meetings with represented
• employees
• Decisions involving the
• labor agreement

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Changes in a Unionized Organization

• Intended change alters a represented
• employees working condition or changes a
• personnel policy, rule or practice that
  applies to them.
• - Union must be notified BEFORE the change is
• put into effect
• - Management must negotiate on all negotiable
• proposals

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Changes Cont

• Change may require bargaining even if the
• substance of the change is a management
• right
• - Union has the right to bargain on ways to
  deal
• with the impact of the change upon the
• effected employee(s)

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Examples of Changes

• - Office move
• - Change to lunch
• period
• - Parking
• - Smoking policy
• - Work schedules
• - Reorganizations

• Time attendance
• accountability
• Leave policy
• Adoption of new tools/technology or work
  procedures
• Shift assignments

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Meetings with Represented Employees

• Formal Discussions
• Investigatory (Weingarten)

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Formal Discussions

• A discussion between one or more representatives
  of the Agency and one or more employees in the
  unit concerning any grievance or any personnel
  policy or practice or other general condition of
  employment.

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Is it a Formal Discussion?

• Was Agency rep merely 1st line supervisor
• How many management reps attended
• Where did the meeting take place
• How long did the meeting last
• How was the meeting called
• Was there a formal agenda
• Was attendance mandatory
• How was the meeting conducted

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If Formal, What is Unions Role?

• Right to be notified of the meeting with
  reasonable advance notice
• Date
• Time
• Place
• Right to be present
• Right to make relevant comments and ask relevant
  questions

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Investigative Meeting Weingarten Rights

• The Union must be given the opportunity to be
  represented at an examination of a unit employee
  by an agency rep in connection with an
  investigation, IF
• The employee reasonably believes the examination
  may result in disciplinary action AND
• The EMPLOYEE REQUESTS representation

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Investigative Meeting Weingarten Rights (Cont)

• The Unions role
• Ask relevant questions
• Assist employee to answer
• Cannot answer questions, break up meeting or
  prevent Agency from carrying out investigation

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Decisions Involving Labor Agreement

• Which employee to pick for overtime assignment?
• How do I resolve a leave scheduling problem?
• When can I authorize pay at a higher rate for an
  employee detailed into a higher level job?

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Management Roles

• Know the contract
• - Look there first for any provisions that
• might cover the situation
• Interpret and apply its provisions correctly
• - Seek additional information from your
  Local Labor Relations specialist if provision or
  rule found is vague enough to allow for more than
  one interpretation or there is no rule in the
  contract at all.
• Enforce the provisions as management intended.

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Effective Labor/Management Relations

• Know the responsibilities assigned to you the
  union by the Statute.
• Understand the provisions of your contract
  when in doubtverify intent and meaning of the
  language with your Labor Relations advisor.
• Know the steps for implementing new conditions of
  employment and advise the union of intended
  changes sufficiently in advance.

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Effective Labor/Management Relations Cont

• Keep lines of communication with the union and
  your labor relations advisor open
• Know the steward or union official you should be
  working with remember that while officially
  representing the union or employees, union
  representatives are operating more as an equal of
  their management counterpart than as a
  subordinate

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Effective Labor/Management Relations Cont

• Bargain in good faith with the union on all
• matters legally negotiable..

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ON A FINAL NOTE
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REMEMBER

• Labor Relations is a fluid, constantly changing
• interaction of interest, personalities,
  situations,
• rules, organizations, relationships ..
• Labor Relation activities do not lend themselves
  to rigid memorized or pattern solutions

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Continued

• The approach to resolve a grievance in one
  instance may be inadequate or inappropriate in
  another because the factors are different..
• Likewise..
• How you deal with an employee who fails a PFT
• or has performance/conduct issues can also be
• different.

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Continued

• Be aware of the type of appointment your
• employee is hired under use the
• probationary period (when applicable) to
• evaluate performance..
• Above all.Seek advice and guidance from
• your local labor advisor before taking any
• action.

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QUESTIONS