LABORMANAGEMENT RELATIONS PROGRAM MAJOR BARBARA HARRIS LABOR RELATIONS SPECIALIST

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LABOR-MANAGEMENT RELATIONS PROGRAM MAJOR
BARBARA HARRISLABOR RELATIONS SPECIALIST

• TELEPHONE FAX
• DSN 363-7222 DSN 363-7227
• COMM [phone] COMM [phone]
• E-MAIL harrisb_at_al-arng.ngb.army.mil
• MAILING ADDRESS
• TAG, AL/HRO-LRS
• PO BOX 3711
• MONTGOMERY, AL 36109-0711

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Overview Labor-Management Relations Program

• Introduction
• Major Components
• Questions

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IntroductionLabor-Management Relations Program

• History of Labor-Management Relations
• The Federal Service Labor Management Relations
  Statute
• The Federal Labor Relations Authority

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History of Labor-Management Relation in the
Federal Service

• Pre-1962 - Informal Arrangements
• Jan 1962 - Executive Order 10988 (President
  Kennedy)
• Oct 1969 - Executive Order 11491 (President
  Nixon)
• Oct 1978 - Civil Service Reform Act Chapter 71
  of
• Title 5 of the United
  States Code Title VII
• The Federal Service
  Labor- Management
• Relations Statue
  (President Carter)
• Oct 1994 - Executive Order 12871 Labor
• Management Partnerships
  (President
• Clinton)
• Dec 1995 - Executive Order 12983 (President
  Clinton)

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The Federal Service Labor-Management Relations
Statute (5 USC 7101 - 7135)

• PURPOSE 5 USC 7101
• To protect the right of employees to
• organize
• bargain collectively and
• participate through labor organizations of own
  choosing in decisions which affect them
• (Safeguards the public interest, contributes
  to the effective conduct of public business, and
  facilitates the amicable settlements of disputes)

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The Federal Service Labor-Management Relations
Statute (5 USC 7101 - 7135)(continued)

• To facilitate and improve
• employee performance, because the public interest
  demands the highest standards of performance
• efficiency of government operations through the
  continuing development and implementation of
  modern and progressive work practice

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Federal Labor Relations Authority (FLRA)
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Federal Mediation Conciliation Service (FMCS)
5 USC 7119
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Major Components Labor-Management Relations
Program

• Collective Bargaining
• Collective Bargaining Agreement
• Employee
• Bargaining Unit
• Exclusive Recognition
• Official Time
• Management
• Conditions of Employment
• Unfair Labor Practice

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Collective Bargaining5 USC 7103 (a) (12)
MUTUAL OBLIGATION
GOVERNMENT-WIDE REGS.
AGENCY REGS
Meet at reasonable times and places Consult
and Good-Faith Effort No requirement to agree

• NEGOTIABLE
• CONDITIONS
• OF EMPLOYMENT

DUTY TO BARGAIN
PERMISSIVE TOPICS
FEDERAL STATUTES
RETAINED MGMT
RIGHTS .

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Collective Bargaining Agreement (CBA)5 USC 7103
(a) (8)

• Know our Contract

Agreement Between TAG Union
This Contract -Preserves Management Rights
-Does not adversely affect productivity -Is
livable for supervisors
-Advances Labor-Management Goals -Protects
Employees -Addresses Mutual Concerns
Signed by Agency and Union Approved by DOD
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Employee Rights5 USC 7103 (a) (2)
An individual - Employed by an agency or -
Former employee, if terminated because of any
unfair labor practice But Not - Alien employed
outside U.S. - Member of uniformed services -
Supervisor or management official - Foreign
Service officer or employee - Anyone who
participates in a strike in violation of 5
USC7311
Rights -
To form, join, or assist a labor organization or
not - Act as a representative for a labor
organization - Bargain collectively with respect
to conditions of employment - Be represented
during management investigation/examination -
Exercise these rights without fear of penalty or
reprisal from management
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Bargaining Unit5 USC 7112
Personnel Workers
Supervisors
Group of Employees approved by the FLRA for union
representation. APPROPRIATE UNIT CRITERIA -
Community of Interest - Effective Dealings -
Efficiency of Operations
Labor Relations Worker
Management Officials
Confidential Employees
Intelligence, Security, etc.
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Exclusive Recognition5 USC 7111 and 7114
No direct communications
Exclusivity
Management - Must deal with Union on conditions
of employment -Management Rights preserved
Employees -Bound by Agreement
Union - Must represent all collective bargaining
employees
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Union Rights and Responsibilities5 USC 7114
Rights - Negotiate
agreements and act for employees - Be present at
formal discussions - Be present at examinations,
if requested - Be given advanced notice and
opportunity tonegotiate over proposed changes.
Responsibilities - To
represent all technicians in the bargaining
unit - To bargain in good faith
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OFFICIAL TIME5 USC 7131

• Duty time to perform representation functions
  without charge to leave or loss of pay.
• Must be requested by member and approved and
  recorded by supervisor.
• Official time is not permitted for conducting the
  Unions internal business.

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Management Rights and Obligations 5 USC 7106
OBLIGATIONS To bargain in good
faith To furnish information
RIGHTS TO MAKE BASIC
MANAGEMENT DECISIONS Mission, budget,
number of employees Internal security
practices Take whatever necessary in
emergencies TO TAKE PERSONNEL ACTIONS
Hire, fire, promote, assign work, RIF
Contract out Discipline employees
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Conditions of Employment 5 USC 7103(a)(14)

• Personnel policies and practices and
• Matters affecting employees working conditions
• Term does not include matters relating to
• - Political activities prohibited by the
  Hatch Act
• - Classification of a position or
• - Matters specifically provided for by
  Federal law

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UNFAIR LABOR PRACTICES (ULPS)5 USC 7116

• Conduct or
• Failure/Refusal to meet obligation
• Constitutes violation of Statue
• 5 USC 7116 (a) - Management
• 5 USC 7116(b) - Union

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Negotiated Grievance Procedures (NGP) 5 USC 7121

• Written procedures
• In a collective bargaining agreement
• Applicable only to employees in the bargaining
  unit
• For the consideration and orderly resolution of
  disputes

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Questions?
The answer is . . .