As a Union Steward, it is necessary to be familiar with other laws that affect the federal workplace. The Unites States Code is the body of laws passed by Congress that govern our nation. Many of the laws relating to federal employees are found in Title 5 – Government Organization and Employees (such as the FSLMRS, listed above), but there are other important laws in other titles. For example, Title 29 – Labor includes the Fair Labor Standards Act (FLSA). Some of the laws you will need to be familiar with include the following:

The Back Pay Act – 5 U.S.C. § 5596 – governs the payment of wages in cases where an employee was “affected by an unjustified or unwarranted personnel action”, including “the omission or failure to take an action or confer a benefit”. Under the back pay act, an employee can recover back pay, interest, and attorney’s fees in cases such as retroactive promotions and overturned suspensions.  

The Work Schedules Act of 1982 – 5 U.S.C. § 6120 - § 6133 – governs flexible and compressed work schedules. One key point about this law is that the work schedules it authorizes are fully negotiable – meaning there is a legal obligation on the part of Management to negotiate over them – regardless of the Management Rights provisions in the FSLMRS.

The Federal Employees Family Friendly Leave Act (PL103-388, as amended) – amended 5 U.S.C. 6307 – allows employees up to 13 days of sick leave each year to: provide care for a family member with a serious medical or mental condition, to attend to a family member receiving medical, dental, or optical examination or treatment; or to make arrangements or attend the funeral of a family member.

Family & Medical Leave Act 5 U.S.C. 6382 – allows employees to use 12 administrative workweeks of leave during any 12-month period for: the birth of a child; adoption or foster care; care of an employee’s spouse, child, or parent with a serious health condition; or the employee’s own serious health condition.

Federal Regulations

The Code of Federal Regulations (CFR)

The Code of Federal Regulations are the implementing rules promulgated by Federal agencies in order to execute laws:

Federal Technician Personnel Regulations

Legal Rulings

Court Decisions;  Disputes between labor and Management sometimes have to be settled by the courts. Only federal courts (District Courts, Appeals Courts, and the Supreme Court) have jurisdiction over these matters. Disagreements reach the courts either through lawsuits or through appeals of final decisions issued by the Federal Labor Relations Authority (FLRA).

FLRA Rulings

Most disputes between the Union and Management do not reach the courts; instead they are settled by the Federal Labor Relations Authority (FLRA). The FLRA has 5 responsibilities:

1) resolving Unfair Labor Practice (ULP) charges – a charge that either an Agency or occasionally a Union has violated 5 U.S.C. 7116;

2) determining appropriate units of bargaining unit employees (including determining whether a position that Management says is outside the unit should be included or excluded from the unit);

3) deciding appeals – called “exceptions” – of decisions/awards issued by arbitrators;

4) deciding negotiability appeals – whether there is a legal obligation to bargain over an issue; and

5) resolving bargaining impasses – making a final decision when a Union and an Agency cannot reach agreement through negotiations.

The last type of case – bargaining impasses – is handled by the Federal Service Impasses Panel (FSIP) and involves a decision on the merits of a proposal, not legal matters, and decisions are not considered universally precedent-setting.

Decisions on negotiability appeals are legal rulings on whether Management has an obligation to bargain over a Union’s proposal on a subject, and often revolve around whether or not the proposal infringes on Management Rights under 5 U.S.C. 7106. These cases are decided by a 3-member panel simply called, “The Authority”. 

Unfair Labor Practice charges are filed at one of the seven regional offices of the FLRA and they are decided, after an investigation, by that particular FLRA Regional Director.

When a union files a grievance, and that grievance is not settled via the negotiated grievance procedure, the case can be brought to an arbitrator who is an independent decision maker and judge who decides the merits of the case. When either side disagrees with the legal basis for the decision, an Exception to an Arbitrator’s Award can be filed with the FLRA. 

Past Practice

Past practices are in essence unwritten rules or arrangements regarding working conditions that have been developed and used over time. Per federal labor law rulings and the negotiated agreement, these practices are considered to be part of the negotiated agreement even though they are not specifically included. An example would be the use of headphones to listen to music while working. If this practice has been going on with the knowledge and (implicit) permission of Management, then Management cannot unilaterally terminate or change this policy. A violation of a past practice can be grieved, and changing a past practice must be done through means identical to changing a negotiated agreement (e.g., collective bargaining).