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Representation Rights

Access  |  Hours of Work  |  Information Disclosure
Investigation  |  Orientation/Solicitation/Distribution  |  Miscellaneous


Access

  1. Granting base access to union officials who do not work at Tinker Air Force Base in either the same way commercial vendors enter, or the same way permitted by other Air Force Logistics Command facilities, whichever procedure is less rigid. AFGE, Council 214, 34 FLRA 977, Proposal 1 [NN]
  2. Female union president, Robins Air Force Base must follow either:  (1) the same access procedures that other Air Force Logistics Command facilities use for the male union presidents, or (2) the procedures used for other employees at Robins Air Force Base, whichever are less rigid. AFGE, Council 214, 34 FLRA 977, Proposal 2 [NN]
  3. Pertaining to union representatives at “fire camps.” NFFE, Local 466, 45 FLRA 1063 [N]

Hours of Work

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  1. A steward or an employee may request permission to report to duty either an hour early or an hour late so that the steward can assist the employee on a different shift in the processing of a grievance while both are on duty. NAGE, Local R14–8, 24 FLRA 126, Proposal 1 [N]
  2. A steward or an employee may request permission to report to duty either an hour early or an hour late so that the steward can assist the employee on a different shift in the processing of a grievance while both are on duty. NAGE, SEIU, AFL–CIO, 24 FLRA 147, Proposal 2 [N]
  3. Agency to adjust the hours of work of union officers to permit them to accomplish their representational functions. NAGE, SEIU, AFL–CIO, 26 FLRA 515, Proposal 1 [N]
  4. The agency will permit a monthly union meeting during duty time after the instructional day is over. Laurel Bay Teachers Association, OEA/NEA, 49 FLRA 679, Proposal 1 [N]

Information Disclosure

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  1. Granting employees and union officials essentially an uncontrolled right under the contract to photocopy agency investigation files containing privileged and confidential materials. NLRBU, 5 FLRA 696 [NN]
  2. Management to transmit to the union all documents it receives that contain information which relates or may relate to conditions of employment. NFFE, Local 1979, 16 FLRA 369, Provision 1 [NN]
  3. Agency to provide the union with the names of employees selected for promotion to supervisory and management positions prior to announcement of their promotions. AFGE, Local 2047, AFL–CIO, 16 FLRA 805 [NN]
  4. Prohibiting the agency from using information concerning non–criminal activities received on a hotline established to encourage the public to report criminal activities. NTEU, Chapter 153, 21 FLRA 841, Proposals 1 and 2 [NN]
  5. Agency to provide the union with summaries of information received on the hotline. NTEU, Chapter 153, 21 FLRA 841, Proposal 3 [N]
  6. Agency to inform the union in writing of upcoming visits of accrediting bodies and to give the union the opportunity to be present at any summary critiques. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 11, Sections 1 and 3 [NN]
  7. Agency to furnish the union a copy of any review and evaluation by an accrediting body if release of such material is not prohibited by law and impacts on the bargaining unit. AFGE, AFL–CIO, National Council of VA Locals, 29 FLRA 515, Proposal 11, Section 2 [N]
  8. Requiring the agency to provide the union with information that may not be released under the Privacy Act without the employee’s consent. NFFE, Local 1665, 39 FLRA 1087, Proposal 1 [NN]
  9. Requiring the agency to provide the union with any identifiers that are necessary to retrieve requested information. NFFE, Local 1665, 39 FLRA 1087, Proposal 3 [NN]
  10. Requiring the agency to waive any fees under Freedom of Information Act that would be necessary to cover the costs of providing requested information. NFFE, Local 1665, 39 FLRA 1087, Proposal 4 [NN]
  11. Requiring the agency to provide the union with information that the union might otherwise get from an employee. NFFE, Local 1665, 39 FLRA 1087, Proposal 5 [N]. Reversed in the Department of Defense v. Federal Labor Relations Authority, 964 F.2d 26 (D.C. Cir. 1992).
  12. The conditions under which employees will be immune from lawsuits for actions taken in the course of their employment. NFFE, Local 1665, 39 FLRA 1087, Proposal 6 [NN]
  13. Providing immunity from suits alleging violations of an individual’s constitutional rights. NFFE, Local 1665, 39 FLRA 1087, Proposal 7 [NN]
  14. Unit employees will be immune from suit at both the state and Federal levels. NFFE, Local 1665, 39 FLRA 1087, Proposal 8 [NN]
  15. Prohibiting the use of certain information about bargaining unit employees unless specified conditions are met. NTEU, 41 FLRA 1349, Provision 1 [NN]
  16. No more than two union officials may have access to review un–sanitized evaluation materials necessary for the preparation of grievances over competitive selection actions. NTEU, 55 FLRA 1174, Provision 6 [NN, LAW]
  17. Obligating the agency to provide the union with information contained in the agency’s photo ID system within 5 days of the union’s request for the information. AFGE, Local 32, 59 FLRA 926, Proposal 2 [NN, LAW]
  18. The Union will be provided the same metrics information provided to management about the work place ADR program, and the Union will also receive any additional information, written or oral, provided to management or the Labor Relations Office. Requested information will be provided to the Union by the ADR manager and will include anything affecting the ADR process, such as information on ADR training and seminars, internal management communications on ADR program success, and copies of the ADR program staffs' performance appraisals and progress reviews. IFPTE, Local 29 Goddard Engineers, Scientists & Technicians Association, 61 FLRA 382, Proposal 12.2 [NN, (a)(2)(B)]

Investigation

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  1. Delaying an investigatory interview for no more than two work days so that representation can be arranged. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 6 [N]
  2. Affording employees representation before giving a written statement when such a statement is required. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 7 [N]
  3. Prohibiting requirement that employee statements be given under oath in conflict–of–interest situations except where required by law. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 8 [NN]
  4. Allowing an employee or representative to record an interview when management records it. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 9 [NN]
  5. Granting an employee the right to representation when required to give information relating to another employee. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 10 [N]
  6. Investigators read the content of a particular form to certain employees being interviewed. AFGE, Federal Prison Council 33, 51 FLRA 1112, Proposal 1 [NN, (a)(1)]
  7. Allowing an employee to discuss with his or her representative the subject matter of the employee’s investigatory interview. AFGE, Federal Prison Council 33, 51 FLRA 1112, Proposals 2 and 3 [N]
  8. Deleting the instruction to investigators that affidavits include statements concerning employees’ willingness to take polygraph tests. AFGE, Federal Prison Council 33, 51 FLRA 1112, Proposal 4 [N]
  9. Consistent with agency policy, polygraph examinations will be administered only with an employee’s consent. AFGE, Federal Prison Council 33, 51 FLRA 1112, Proposal 5 [N]
  10. The provision’s reference to a “representative [ ] of the employer” includes an official of the Office of the Inspector General (OIG) only if the OIG is, as a matter of law, acting as a representative of the agency or if the agency designates the OIG as its representative. NTEU, 55 FLRA 1174, Provision 8 [N]
  11. Requiring the agency to provide an interviewed employee with a tape recording of his/her interview at the conclusion of the interview or, if a stenographic record of the interview is made, to provide the interviewee with the stenographic record as soon as it is available. NTEU, 55 FLRA 1174, Provision 9 [NN, (a)(1)]

Orientation/Solicitation/Distribution

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  1. Union representatives, on official time, to have right to annually transmit to employees certain information on the union, and solicit from employees certain personal information, through distribution of a form to unit employees. NTEU, 6 FLRA 508, Proposal VI [N]
  2. Membership solicitation during non–work time in non–work areas to the extent non-work time is that during which management has determined performance of a job function is not required. NFFE, Local 75, 8 FLRA 403, Proposal I [N]
  3. Giving the union the opportunity to include orientation material in the orientation mailing sent to new bargaining unit employees. Overseas Education Association, Inc., 22 FLRA 351, Proposal 1 [N]
  4. Restricting the use of the agency internal mail system for the distribution of union literature to Overseas Education Association. Overseas Education Association, Inc., 22 FLRA 351, Proposal 8 [NN]

Miscellaneous

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  1. Giving the union the opportunity to make announcements of union activities and to call meetings, including the use of the intercom system. Fort Knox Teachers Association, 19 FLRA 878, Proposal 5 [NN]
  2. Permitting union representatives to represent agency employees in National Federation of Federal Employees units other than those in which they are employed. NFFE, Local 405, 20 FLRA 354 [NN]
  3. Giving employees the right to seek assistance from a union representative at any time so long as the assistance does not interfere with the carrying out of instructional duties. Overseas Education Association, Inc., 22 FLRA 351, Proposal 3 [N]
  4. Listed representational activities are in the primary interest of the government. NLRBU, 22 FLRA 486, Proposal 2 [N]
  5. Allowing the union to post three by five foot signs at the entrance of the facility welcoming people to the facility, courtesy of the union. AFGE, AFL–CIO, 23 FLRA 59 [NN]
  6. Providing the union president two scheduled hours and the chief steward three scheduled hours each week in the union office for representational activities. NAGE, Local R14–77, 23 FLRA 547 [N]
  7. Providing employees with the right to union representation at any meeting or discussion with a manager or a supervisor regardless of the purpose. CREA, 25 FLRA 306, Proposal 17 [NN]
  8. Requiring that, during an interview with an employee, the management representative conducting the interview will inform the employee of the right to union representation under certain prescribed circumstances. NTEU, 43 FLRA 1442, Proposal 1 [N]
  9. Requiring certain “regular” unit employees to pay a fee to the union for representation expenses. AFGE, Local 1857, 44 FLRA 98 [NN]
  10. Precluding the agency from allowing other unions’ bargaining unit representatives to attend the staff meetings. NAGE, Local R1–109, 53 FLRA 526, Proposal 5 [NN, (a)(2)(A)]
  11. Relating to how management officials will address unit employees serving as labor organization representatives (union officials) and other unit employees engaged in labor–management relations matters. ACT, Wichita Air Capitol Chapter, 57 FLRA 939 [NN, LAW]. Reconsideration denied, ACT, Wichita Air Capitol Chapter, 58 FLRA 310 [NN, LAW]. Reversed in Association of Civilian Technicians, Wichita Air Capitol Chapter v. FLRA, 353 F.3d 46 (D.C. Cir. 2004).

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