Federal Employee Labor Union Rights and Duties

Title VII of the Civil Service Reform Act of 1978, known as the Federal Service Labor-Management Relations Statute, sets forth the law under which federal agency employees may be represented by a union or other labor organization for collective bargaining purposes. Pursuant to the Statute, most federal agency employees are entitled to join or organize labor unions.

If employees determine through an election that they wish to be represented by a particular union, the Statute grants that union or organization special rights. It also places specific duties upon that representative. This articles summarizes the rights and duties of labor unions representing federal employees.

Rights

Under the Statute, a labor union that has been duly elected by a majority of employees in a unit is the exclusive representative of the employees in that unit. As such, the union is entitled to act for and to negotiate collective bargaining agreements covering all employees in the unit. The exclusive representative of a unit in a federal agency is entitled to be represented at:

any formal discussion between an agency representative and an employee concerning any grievance or personnel policy or other general condition of employment; or
any examination of a unit employee by the agency in connection with an investigation if:
- the employee reasonably believes that the examination may result in a disciplinary action; and
- the employee asks to be represented.

The Statute does clarify that the exclusive representative's rights do not preclude an employee from being represented by his or her own attorney or from exercising legal grievance or appellate rights.

Duties

An exclusive representative chosen under the Statute is required to meet with the employing agency to negotiate the terms of a collective bargaining agreement. In engaging in these negotiations, both the representative and the agency are required to act in good faith. The Statute provides that the duty to act in good faith includes the duty to:

Approach the negotiations with a sincere resolve to reach a collective bargaining agreement;
Be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;
Meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays; and
If agreement is reached, execute on the request of any party to the negotiation a written document specifying the agreed terms, and to take necessary steps to implement the agreement.