Labor Relations - Federal Employees (5 U.S.C. s. 7101) (5 CFR Chapter XIV) (Federal Labor Relations Authority) (Federal Mediation and Conciliation Service) (Federal Service Impasses Panel)

• Employees of the Federal Government have the right:
  
  • to form, join or assist any labor organization;
    
  • to refrain from any such activity;
    
  • to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization; and
    
  • to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees. (5 U.S.C. s. 7102)
  
  
• The Federal Labor Relations Authority determines the appropriateness of units for labor organization representation, supervises or conducts elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees and conducts hearings and resolve complaints of unfair labor practices. (5 U.S.C. s. 7105)


• Management has the authority, consistent with applicable law:
  
  • to hire, assign, direct, layoff and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
    
  • to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; and
    
  • with respect to filling positions, to make selections for appointments from among properly ranked and certified candidates for promotion or any other appropriate source. (5 U.S.C. s. 7106)
  
  
• A labor organization which is the exclusive representative of the employees has the right:
  
  • to negotiate collective bargaining agreements covering all employees in the unit; and
    
  • to be represented at any formal discussion between the agency and employees in the unit concerning any grievance, any personnel policy or practices, or other general condition of employment, or any examination of an employee by the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action and the employee requests representation. However, an employee may nonetheless be represented by an attorney or other representative, other than the exclusive representative, of the employee's own choosing in any grievance or appeal action. (5 U.S.C. s. 7114)
  
  
• It is an unfair labor practice for an agency:
  
  • to interfere with, restrain or coerce any employee in the exercise of his rights;
    
  • to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion or other conditions of employment;
    
  • to sponsor, control or otherwise assist any labor organization other than to furnish upon request customary and routine services and facilities;
    
  • to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit or petition, or has given any information or testimony under this statute;
    
  • to refuse to consult or negotiate in good faith with a labor organization;
    
  • to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this statute;
    
  • to enforce any rule or regulation which is in conflict with any applicable collective bargaining agreement; or
    
  • to otherwise fail or refuse to comply with any provision of this statute. (5 U.S.C. s. 7116(a))
  
  
• It is an unfair labor practice for a labor organization:
  
  • to interfere with, restrain or coerce any employee in the exercise by the employee of any right under this statute;
    
  • to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this statute;
    
  • to coerce, discipline, fine or attempt to coerce a member of the labor organization as punishment, reprisal or for the purpose of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's duties;
    
  • to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status or handicap condition;
    
  • to refuse to consult or negotiate in good faith with an agency;
    
  • to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this statute;
    
  • to call, or participate in, a strike, work stoppage or slowdown or picketing of an agency if such picketing interferes with an agency's operations or to condone any such activity by failing to take action to prevent or stop such activity;
    
  • to deny membership to any employee represented by such exclusive representative except for failure to meet reasonable occupational standards uniformly required for admission or to tender dues uniformly required as a condition of acquiring and retaining membership; or
    
  • to otherwise fail or refuse to comply with any provision of this statute. (5 U.S.C. s. 7116(b) & (c))
  
  
• The General Counsel will investigate any unfair labor practice charges alleging that an employer or a labor organization interfered with these rights. To be timely unfair labor practice charges must be filed within 6 months of the last act of any alleged unfair labor practice. (5 U.S.C. s. 7118)


• The Federal Mediation and Conciliation Service provides services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse either party may request the Federal Service Impasses Panel to consider the matter, or the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse. (5 U.S.C. s. 7119)