* Openness - secrets are antithetical to union principles (unless it involves a confidential

   situation - see below), so beware of Managers trying to bind you to a secret policy

   matter, as the whole point of having a union is that our strength comes from working

   together

* Confidentiality/Trustworthiness - when dealing with an employee's personal situation,

   only share information with other Union reps (unless they do not wish it to be shared)

   and do not share with other employees

* Respect/Dignity - we need to practice what we preach, so it is important to always

   treat others with respect and dignity

* Democracy - the office may not be a democracy, but we are: respect the election

   process and election results

* Integrity - remain loyal to the highest morals and ethics; wisely/frugally spend union

   funds

 

The Duty of Fair Representation

As a labor union in the federal workplace, the Chapter is required by the “Duty of Fair Representation” (“DFR”) to represent all bargaining unit employees, regardless of Union membership status, in a number of areas. Because we are the “exclusive representative”, we must speak for – and listen to – all of the bargaining unit employees in those areas where the DFR applies.

Bargaining unit employees (“BUE”): all of the government employees of the Agency who are eligible for union membership. This excludes supervisors and managers and certain other members of the workforce.

Dues-paying Union members: those BUE who have elected to pay Union dues.

Additional guidance on the Duty of Fair Representation can be found at the Federal Labor Relations Authority (FLRA) website: http://www.flra.gov/gc/dfr_mem.html.

Where does the DFR apply?

The DFR applies to those matters covered by the collective bargaining agreement (“contract”) and the grievance procedure. The Union may not discriminate on the basis of whether someone is or is not a dues paying member when deciding to file or not to file a grievance, or choosing to invoke or not to invoke arbitration. The decisions on whether to pursue grievances must be based on the merits of the case.

The DFR also applies to negotiations – both contract negotiations (for a successor collective bargaining agreement) and to mid-term negotiations, such as bargaining over a change in working conditions (e.g., the reorganization of an office, or work schedule changes). The Union must speak for – and listen to – all of the bargaining unit employees, even those who are not dues paying members.

Where does the DFR not apply?

The DFR does not apply to appeals of actions other than grievances. A Union may choose to discriminate on the basis of whether someone is or is not a dues-paying Union member in other appeals or actions.

The DFR also does not apply to matters involving the internal business of the Union. Only dues-paying Union members determine who represents the Union, and in turn who represents all of the bargaining unit employees (for example, at Union-Management Council meetings, during negotiations, etc.). If a bargaining unit employee would like to vote and participate in this decision making, he/she must join the Union.

Why must the Union represent non-dues paying members in grievances?

We must represent all bargaining unit employees in grievances and negotiations because that is the law. If the Union fails to abide by this requirement, then we may be subjected to an Unfair Labor Practice charge filed by an employee or by Management.

What is the NFFE Local 1998 DFR Policy?

The long-standing Chapter Policy, is that we will only represent dues-paying Union members in the areas that are not covered by the DFR. For example, the Chapter only represents dues-paying Union members in cases involving the MSPB, OSC, EEO, and worker’s compensation claims. For matters involving grievances and negotiations, our policy is synonymous with the requirements of the DFR: we will represent all bargaining unit employees in matters involving grievances under the collective bargaining agreement and in negotiations with Management.

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Official Time

Official time is paid work time to perform Union duties. Official time is governed by 5 U.S.C. 7131: http://www.law.cornell.edu/uscode/5/usc_sec_05_00007131----000-.html

5 U.S.C. 7131(d) provides that:

(d) Except as provided in the preceding subsections of this section--

(1) any employee representing an exclusive representative, or

(2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative, shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.

Pursuant to 5 U.S.C. 7131(d), the amounts of official time that the agency (Passport Services) and the exclusive representative (NFFE Local 1998) agreed to be reasonable, necessary, and in the public interest is found in Article 7 of the contract, as amended on February 10, 2005.

Official time to participate in FLRA proceedings (for example, Unfair Labor Practice charges, Negotiability Appeals, etc.) is governed separately by 5 U.S.C. 7131(c).

Official time to participate in collective bargaining (including FSIP proceedings) with Management is governed separately by 5 U.S.C. 7131(a).

When/why should a Union Steward use official time?

A Union Steward uses official time when handling/investigating an employee complaint, when participating in a formal meeting or a Weingarten meeting (read below), when preparing and processing a grievance, ULP, or other appeals action, and when preparing for and participating in negotiations and partnership meetings - though the time spent in partnership meetings does not count against the Steward's normal amount of official time. A Union Steward also needs to use official time for representational training, including reading this self-study guide. In addition, a Union Steward needs to use official time to participate in the Union response/position on representational issues.

A new Union Steward needs to use a significant amount of official time to become familiar with the contract, the laws and regulations, and other materials that will aid him/her in serving as a qualified/prepared representative of the bargaining unit employees.

All Union Stewards need to use official time on an ongoing basis in order to stay current with recent decisions and case law, as well as additions of representational materials to the website.

How does a Union Steward obtain official time?

The procedures of obtaining official time are covered by Article __ of the contract. A Union Steward may email his/her supervisor and indicate the time needed, the placed where the representational work will be done (if not at his/her desk), and a general description of the duties to be performed. For example, a Union Steward may email the following statement: “I am seeking to use 2 hours of official time to read and prepare a response to Management’s reply to the Union's Informal Grievance. I would like to use the official time between 2:00 and 4:00 on June 7th. Please email me back and let me know if this would work for you. I would take the time at my desk.”

Remember: official time is not leave, so do not use the OPM Form 71 to obtain official time.  Sign out on AGO-Ky Form 12-17.

What should a Union Steward do if the official time is denied?

If the purpose of the official time was clearly communicated and the time was absolutely denied (i.e., Management did not offer a reasonable alternative), then the Union Steward should promptly communicate with the Union leadership and inform them of what happened. The Union leadership and/or the Union Steward may choose to file a grievance over the denial of official time.

If the need for official time is pressing, such as an approaching deadline, and if the Union Steward has no recourse other than to perform the representational work on his/her own personal time (during lunch, breaks, after work, on the weekend, etc), then it is important to record the amount of personal time that was spent on the representational work as a result of the improper denial of official time. The Union may choose to include in the grievance the requested relief that the Union Steward be compensated in the form of compensatory time off in an amount equal to the personal time spent on representational work. Overtime pay for representational work is not permitted.

 

Internal Union Business

Internal Union business is the solicitation of Union membership, the election of Union officials, and the collection of Union dues. Internal Union business may not be performed on work time and must be performed during the employees’ personal time (lunch, breaks, after work, on the weekend)

However, if there are problems, including delays in processing of Union dues, then official time may be used (normally by the Secretary-Treasurer) to investigate or contest (via grievance or ULP) those delays, as there may be a violation of the contract. In addition, 32 hours of official time are provided to the Secretary-Treasurer for financial reports, per the LMA. 

Membership drives and Union elections must be done at breaks and lunches, or other non-work time. The Union may use tables and easels for the membership drives.

 

Weingarten Rights

As stated in the LMA, an employee has the right to the opportunity to be represented by the Union at:

b. (Weingarten Rights) Any examination of the employee by a representative of the Employer in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation. Employees shall be provided annual notification of this right.

The two key aspects of the Weingarten Rights are:

1) The meeting must involve the possibility disciplinary action (the employee must reasonably believe this); and

2) The employee must request representation

Weingarten Rights are NOT the same as Miranda Rights, where law enforcement must notify a subject of his/her rights to an attorney. Management does not have to notify the employee that he/she has a right to Union representation, though it is a good idea. It is the responsibility of the employee to request the Union representative.

Management has an obligation to notify employees of this right on an annual basis, however the Union Steward should make sure to inform new employees of this right during the orientation session covered by Article 10 of the contract and should also make sure to remind all employees of this right on a regular basis.

An example of a Weingarten discussion would be when a supervisor asks an employee to come to his/her office to discuss why the employee was late. The employee could reasonably conclude that this was an examination that may lead to disciplinary action, even though it is beginning with only “itty bitty” questions. The employee must invoke his/her right to a Union representative and then the supervisor should temporarily halt the meeting while the Union rep can be located. However, Management does not have to unreasonably delay its investigation meeting if a union representative is not reasonably available.

Formal Meetings/Formal Discussions

As stated in the LMA:

FORMAL DISCUSSIONS: The Union shall be provided an opportunity to be present at any formal discussions between Management and an employee(s) concerning any grievance, personnel policy or practices or other general condition of employment.

In addition, as stated in the LMA, an employee has the right to the opportunity to be represented by the Union at:

a. Any formal discussion between one or more representatives of the Employer and one or more employee(s) or their representatives concerning any grievance or any personnel policy, practice or other general condition of employment.

Finally, as stated in the LMA:

The Union will be given an opportunity to have a representative present at any formal discussions with bargaining unit employees during the EEO process, including those where possible settlements may be made. This does not include the informal stage.

The important distinction between a Weingarten meeting and a formal meeting/discussion is that in the Weingarten meeting, the obligation is on the employee to initiate Union involvement, while in a formal meeting the obligation is on Management to notify the Union of the meeting and allow the Union Steward to attend and participate.

Also, keep the following points in mind:

Electronic means of communication may be considered formal discussions, though it is an issue that has yet to be ruled upon.

Changes in working conditions

Change is a regular part of our work lives. If Management approaches you and informs you of a potential change in working conditions, remind them that the notice should be in writing (email is okay). For examples of "working conditions", see the contract - almost everything covered by the contract deals with working conditions. The most important thing that the Union Steward needs to do is to clearly and unmistakably invoke the Union's right to bargain. This can be done via email. In addition, the Union Steward should consult with the other Union reps in the Chapter concerning the action proposed by management. 

If Management makes a change in working conditions without notifying the Union or, if notification is given, without bargaining when requested, then that potentially is a contract violation and/or an Unfair Labor Practice.