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