A VERY HELPFUL SHOP STEWARD TOOL

It is not easy remembering all the different ULP’s managers can commit or the union’s right to attend formal meetings or a dozen or so other legal issues that pop up regularly in a steward’s work.  But FLRA has made a lot easier by issuing something called the “FLRA General Counsel ULP Case Law Outline 2020.” It covers dozens of labor law issues by providing short, easy to understand descriptions of the precedent cases in each.  If you ever wished there was a short book explaining federal employee labor law, this is as close as it gets.  Stewards should keep a copy easily accessible in a draw or a bookmarked tab. 

TABLE OF CONTENTS

INTRODUCTION

What is the outline of unfair labor practice (ULP) case law and procedure?

Organization of the Federal Labor Relations Authority Investigation of ULP charges

TIMELY FILING OF ULP CHARGES 7118(a)(4)

Exceptions to the Six-Month Rule

Application of Standard in Charges Alleging Non-Compliance with Arbitration Awards

BARS TO FILING ULP CHARGES 7116(d) Statutory Appeal vs. ULP Grievance vs. ULP

UNLAWFUL INTERFERENCE 7116(a)(1)

Employee Rights Under the Statute

Protected Activity Standard for Determining Violations of § 7116(a)(1)

Expression of Personal Views Solicitation of Membership Surveillance .

DISCRIMINATION 7116(a)(2) and (4) 5. AGENCY CONTROL OF LABOR ORGANIZATION 7116(a)(3)

DUTY TO BARGAIN IN GOOD FAITH 7116(a)(5)

The Collective Bargaining Relationship

Conditions of Employment

The Agency’s Duty to Bargain in Good Faith Term Negotiations

The De Minimis Test

The Covered By Doctrine

Contract Interpretation Waiver Scope of Bargaining (What Parties May Negotiate)

Management Rights 7106(a)

Permissive Subjects 7106(b)(1)

Bargaining Substance

Impact and Implementation Bargaining 7106 (b)(2) and (3)

Notice of the Proposed Change

Request to Bargain Appropriate Arrangement Proposals

Ground Rules for Bargaining

Bargaining in Nationwide Consolidated Units

Unlawful Interference with a Collective Bargaining Relationship

Unlawful Past Practices Agency

Implementation Based on Non-Negotiability of Proposals

Repudiation of Negotiated Agreements Bypass Impasses in Bargaining

REFUSAL TO COOPERATE IN IMPASSE PROCEDURES 7116(a)(1) and (6)

DUTY TO PROVIDE INFORMATION 7114(b)(4)

Normally Maintained Reasonably Available Necessary

Does Not Constitute Guidance, Advice, Counsel, or Training Provided for Management Officials or Supervisors,

Relating to Collective Bargaining Privacy Act Considerations Information with Personal Identifiers

Duty to Respond Duty to Provide Destruction of Information

FORMAL MEETINGS 7114(a)(2)(A)

A Discussion An Agency Representative Unit Employee

Subject Matter of the Discussion Grievance

Statutory Appeals EEO Complaints MSPB Appeals Personnel Policy General Condition of Employment

Elements Of “Formality”

Examples of Cases Where Formality Was Found

Examples of Cases Where Formality Was Not Found

The Union’s Right to be Represented

The Union’s Right to Participate

INVESTIGATORY EXAMINATIONS 7114(a)(2)(B)

Agency Representative Unit Employee Examination In Connection With An Investigation

Reasonable Belief

Request for Representation

Management Options

Waiver Union’s Right to Designate its Representative Union’s Role in an Investigatory      Examination

IN CONFLICT WITH CONTRACT 7116 (a)(7)  

OFFICIAL TIME 7131

ULP CONDUCT BY LABOR ORGANIZATIONS 7116(b)

Duty of Fair Representation

Other Union Conduct Section 7116(c)

Unlawful Interference Cause or Attempt to Cause Discrimination

Unlawful Discipline of Members

Discrimination in Membership

Refusal to Bargain

Refusal to Cooperate in Impasse Procedures

Strike, Work Stoppage or Slowdown Refusal to Comply with Other Provisions

REMEDIES 7118(a)(7)

APPENDIX A – De Minimis

APPENDIX B – Office Moves

 

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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