1. NAF HR for SUPERVISORS

2. LABOR RELATIONS AR 215-3, Chapter 13

3. LEARNING 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

4. LEGAL FRAMEWORK Administered in accordance with DoD 1400.25-M, Chapter 700, subchapter 711

5. WHO 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

6. EMPLOYEE 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.)

7. UNION RIGHTS Be the exclusive representative of employees in the bargaining unit Negotiate with the agency Be present at formal discussions

8. UNION RESPONSIBILITIES Represent interests of all bargaining unit members, regardless of union membership Negotiate with management in “good faith”

9. MANAGEMENT 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

10. OFFICIAL TIME Official 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

11. 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

12. PAST 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.

13. WORKPLACE 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

14. FORMAL 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

15. FORMAL DISCUSSION (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)

16. INVESTIGATIVE DISCUSSIONS Criteria: Employee reasonably believes discipline could result (not based on supervisor’s intent) – Employee requests representation “WEINGARTEN” RIGHT

17. (“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 DISCUSSIONS

18.  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)

19. UNFAIR LABOR PRACTICES (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

20. UNFAIR LABOR PRACTICES (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

21. UNFAIR LABOR PRACTICES (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

22. 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 ARBITRATION

23. 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)

24. 3rd Parties in Negotiation Disputes Federal Labor Relations Authority – Resolves negotiability disputes Federal Mediation & Conciliation Service – Mediates negotiation impasses Federal Service Impasses Panel – Resolves negotiation impasses

25. Extension of Negotiated 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