NAF HR for NAF HR for SUPERVISORSSUPERVISORS
LABOR RELATIONSLABOR RELATIONSAR 215-3, Chapter 13AR 215-3, Chapter 13
LEARNING OBJECTIVESLEARNING OBJECTIVES Supervisors will be able to:
• Identify workplace matters that have collective bargaining implications
• Recognize workplace discussions that require union notification
• Explain the factors involved in effective grievance management
LEGAL FRAMEWORKLEGAL FRAMEWORK Administered in accordance with DoD
1400.25-M, Chapter 700, subchapter 711
WHO IS COVEREDWHO IS COVERED?? Most non-supervisory employees may be
included in a bargaining unit certified for representation by a labor union
Exclusions: - Supervisors - Management Officials - Confidential Employees
- Professional Employees - Employees in personnel work other
than purely clerical
EMPLOYEE RIGHTSEMPLOYEE RIGHTS
Form, join or assist a labor organization or refrain from doing so without fear of penalty of reprisal
Act as a Union Representative (Steward, Local President, National Representative, etc.)
UNION RIGHTSUNION RIGHTS
Be the exclusive representative of employees in the bargaining unit
Negotiate with the agency
Be present at formal discussions
UNION RESPONSIBILITIESUNION RESPONSIBILITIES
Represent interests of all bargaining unit members, regardless of union membership
Negotiate with management in “good faith”
MANAGEMENT RIGHTSMANAGEMENT RIGHTS Make basic management decisions: - Mission, budget, organizations, security emergencies Initiate personnel actions: - Hire, direct, layoff, and retain employees - Remove, reduce in grade or pay, take disciplinary actions Assign work, contract out, promote
OFFICIAL TIMEOFFICIAL TIMEOfficial Time is defined as: Duty time that
is granted to union representatives to perform union representational functions, without charge to leave or loss of pay, when the employee would otherwise be in a duty status. Time is considered to be hours of work.
Unlimited for negotiations None for internal union business Amount negotiable for other uses
CONDITIONS OF EMPLOYMENT CONDITIONS OF EMPLOYMENT
Working conditions Personnel policies and practices;
affecting bargaining unit employees Except policies: - Provided for by statute - Relating to classification - Relating to political activities
PAST PRACTICEPAST PRACTICE Unwritten Consistently practiced over extended
period of time Known and accepted by both parties Note: Change in practice requires
union notification and possibly bargaining obligation.
WORKPLACE CHANGESWORKPLACE CHANGES Do not:
• Assume that there is no obligation to notify the Union because you are exercising a management right
• Notify the Union at the last minute, without giving a reasonable amount of time to consider the change
• Implement before reaching agreement• Make changes without notification in
hopes the Union won’t notice
FORMAL DISCUSSIONFORMAL DISCUSSION One or more management official and
one or more employee or representative; and
Concerns a grievance or any personnel policy or practice or other general condition of employment -- not individual concerns: • Union must be invited• Union selects rep• Union allowed to comment during meeting• Cannot disrupt meeting
Not normal shop talk
FORMAL DISCUSSION FORMAL DISCUSSION (cont’d)(cont’d) DISCUSSION - Can be one-way FORMAL
• First-level supervisor or higher level management
• Location of meeting• Length of meeting• How meeting was called (spontaneously
or scheduled in advance)• Written formal agenda• Mandatory attendance• Manner conducted (attendance &
comments noted)
INVESTIGATIVE DISCUSSIONSINVESTIGATIVE DISCUSSIONS
Criteria:
• Employee reasonably believes discipline could result (not based on
supervisor’s intent)
– Employee requests representation
“WEINGARTEN” RIGHT
(“WEINGARTEN” RIGHT cont’d)
Not like Miranda right–Check the labor agreement
Union can participate in discussion–Cannot answer for employee
Not applicable to performance counseling or issuance of notice of discipline
INVESTIGATIVE DISCUSSIONSINVESTIGATIVE DISCUSSIONS
INVESTIGATIVE DISCUSSIONSINVESTIGATIVE DISCUSSIONS
If the employee requests a representative, supervisor may:– Simply end the meeting and not call in a union rep
– Temporarily stop the meeting long enough to obtain union representation
– Offer the employee the alternative to continue without union representation or forgo having a meeting to make his/her points
– Remove the employee’s “reasonable belief” by stating that the employee will not be disciplined
(“WEINGARTEN” RIGHT cont’d)
UNFAIR LABOR PRACTICES UNFAIR LABOR PRACTICES (ULPs)(ULPs)
Failure to negotiate in good faith means:• Unilateral change in conditions of
employment• Contract Breach (repudiation)• Failure to negotiate Impact and
Implementation (I&I)• Refusal to furnish information• Bypassing the Union
UNFAIR LABOR PRACTICES UNFAIR LABOR PRACTICES (ULPs)(ULPs)
Management may not:• Interfere with employee’s rights• Encourage or discourage union membership• Sponsor, control or assist a labor
organization• Act against Union members to impede
performance or productivity• Discriminate against employees because of
race, sex, religion, etc• Fail to negotiate in good faith
UNFAIR LABOR PRACTICES UNFAIR LABOR PRACTICES (ULPs)(ULPs)
Union officials may not:• Interfere with, restrain, or coerce
employees in exercising their rights• Call or participate in a “strike” or fail to
prevent or stop a strike• Coerce, punish or attempt to take
reprisal against a union member to hinder work performance or productivity
• Fail to negotiate in good faith
Any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration:– May be invoked by management or the
union (not by the employee)– Binding on both parties
Few procedural rules Decisions (awards) are not precedential
ARBITRATIONARBITRATION
Arbitrator may award compensatory damages
Exceptions to award may be filed within 30 days
The FLRA may modify an award Costs for arbitration based on Collective
Bargaining Agreement
ARBITRATION (cont)ARBITRATION (cont)
3rd Parties in Negotiation 3rd Parties in Negotiation DisputesDisputes
Federal Labor Relations Authority– Resolves negotiability disputes
Federal Mediation & Conciliation Service– Mediates negotiation impasses
Federal Service Impasses Panel– Resolves negotiation impasses
Extension of Negotiated Extension of Negotiated Provisions Provisions
Extensions to cover non - Bargaining Unit employees
(1) When greater benefit than provided by existing Army regulations.
(2) Failure to extend would cause financial or admin hardship to NAFI.
(3) Will not create appearance of conflict of interest.
DOD, Civilian Personnel Management Service, Field Advisory Service, Labor
and Employee Relations Division approves