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.
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