INTRODUCTION TO COLLECTIVE BARGAINING

1. INTRODUCTION TO COLLECTIVE BARGAINING John M. Howard AFGE Labor Relations Specialist

2. Discuss collective bargaining requirements under 5 U.S.C Chapter 71 • Explain key terms and concepts for Federal bargaining • Evaluate bargaining strategies in context with the legal framework for federal bargaining. • Explain fundamental best practices for effective bargaining PART ONE Objectives

3. Explain factors touching on bargaining effectiveness • FLRA “Good Faith” rules for bargaining • Conduct of bargaining; i.e., behaviors to emulate and behaviors to avoid • What to do when “Working with Jerks” PART TWO Objectives

4. 1.Have you been involved in bargaining? 2.Have you taken any training programs on negotiation or collective bargaining? InTRODUCTIONS

5. YOUR legally sanctioned rights: Right to Form AND Join a unionright to negotiate over working conditionsright to use 3rd party neutralsPROTECTION AGAINST UNFAIR LABOR PRACTICES FLRA GUIDANCE & CASE LAW

6. To determine working conditions for bargaining unit employees. Congress determined that collective bargaining for federal employees is in the “public interest” 5 USC Chapter 71; 7101 FUNDAMENTALLY,Why do we bargain with the agency?

7. *FEDERAL COLLECTIVE BARGAININGYOUR THOUGHTS?

8. Collective bargaining is a Legally Defined process Under Federal Statute and Case Law 5 USC 7103: …fundamental obligation of the “Agency” and the “exclusive representative” of employees… … of an “appropriate unit” … …to meet at “reasonable”timesand to consult and bargain in “good-faith”… … to reach agreement with respect to conditions of employment; …and to execute a written documentif requested by either party….

9. “Member” – of the Union or of the bargaining unit? • Bargaining team members • Chief Negotiator/Spokesperson • Subject Matter Expert (SME) • Bargaining unit • Conditions of employment • Exclusive Representative • Employer/Agency • Neutrals: FMCS, FLRA, FSIP, Arbitrators SPEAKING The Language; fundamental terms to know…

10. = The part of an Agency for which the Union has been certified as the exclusive representative. = Aspects of the bargaining unit’s work life that are related to the employment relationship. An agency is not required to negotiate on such aspects that affect supervisors, managers, or others outside the bargaining unit. • Bargaining unit • Conditions of employment …means what?

11. A person who joins AFGE is a “Union member” Bargaining Unit Members-- Includes the job positions the Union must represent as a group. A person whose position is in the unit is a “member of the bargaining unit” “Members”

12. The Unionhas the sole legal right and duty to represent employees in the bargaining unit on matters concerning their conditions of employment. • Because the Union is the Exclusive Representative, the Union must abide by DoL standards for democratic procedures (fair union elections, no preference for union members, etc…) Exclusive Representative

13. Union members have a say in contract ratification and can participate in internal union decisions Strong membership leads to better contracts and better working conditions Why does UNION MEMBERSHIP matter?

14. The Union is the ONLY entity that can speak for one or more members of the bargaining unit. This carries important legal requirements, for the Union and the Employer as well

15. For the Union: The Union must abide by DOL standards for democratic procedures within the bargaining unit, including not discriminating against non-members. For the Employer: The Employer must deal with the Union. It is illegal for the employer to “deal directly” with employees on bargaining unit issues.

16. = the person authorized to speak or act for the Union or the Agency. The authorized representative (or “designee) must have authority to make decisions at the table. = the employer organization that has been identified as the Union’s counterpart within the government; i.e. “thecertified unit”. = Federal Labor Relations Authority (oversight, guidance, case law, review of ulps, determines negotiability) = Federal Mediation and Conciliation Service (mediation, impasse assistance) = Federal Service Impasses Panel (final authority – can impose settlements) = Arbitrators = Courts “Authorized” Representative • Employer/ Agency • Neutrals MORE ON THE TERMS;Knowing the Players…(cont’d)

17. = person who pays dues and is accepted as a member; dues are paid through payroll deductions or directly to the Union. = Person who occupies a position in the bargaining unit, whether or not a union member. = Persons designated by the Union to conduct negotiations. • Unionmember • Bargaining unitmember • Bargaining team members

18. = person who chairs the Union’s bargaining team during negotiation sessions; the person authorized to “sign off” on agreements, send and receive correspondence, etc. = person who is accepted by both parties as being able to explain laws, regulations, or policies in a specified area. Can be “experts” on issues under discussion at the bargaining table. • Chief Negotiator/ Spokesperson • Subject Matter Expert (SME)

19. “The Statute”5 USC CHAPTER 71

20. The Civil Service Reform Act of 1970 included a title that added Chapter 71 to Title 5 U.S. Code. This Is commonly referred to as the Statutein labor relations parlance.

21. The Statute sets the basic rules for conducting labor-management relations in the Federal sector.

22. Management Rights Congress outlined a broad range of “Management Rights” under Federal Statute (5 USC Chapter 7, Section 7106 A) • To determine the mission, budget, organization, number of employees, and internal security practices… • To hire, assign, direct, layoff and retain employees, and to suspend, remove, reduce in grade or pay, or take disciplinary action…. • To assign work, make determinations re contracting, to determine personnel…

23. Despite broad management rights, the Statute MANDATES the right of unions to bargain over: • ”procedures” which the Agency will observe in exercising any authority; and, • “appropriate arrangements” for employees adversely affected by the exercise of any authority. • Examples-- bargaining over the impact of reorganization, contracting, reductions in force, and much more….

24. 5 USC 7106(b)--- Nothing in this section shall preclude any agency and any labor organization from bargaining…. • (2) procedures…. Which management officials will observe in exercising any management rights authority under this section (i.e., how they may be implemented, but not changing the right itself); or • (3) appropriate arrangements for unit employees adversely affected…. By the exercise of any (management rights) authority under this section

25. Such as…. • Grievance procedures (required by law); • Official time for union representation; • Fitness programs • Union recognition programs • Transit subsidies, parking, shuttle services • And most other issues touching on working conditions and related personnel issues Much of this has been determined by FLRA case law over many years You can also bargain other issues that do not directly interfere with Management Rights

26. It is Not Legal to bargain over subjects set by law and government wide regulation Examples include leave and overtime, pay rates, and certain benefits like health insurance and retirement. But laws leave lots of employment issue incomplete. Those details and options can be bargained!

27. Some Examples of Compensation & Benefit Changes That Can be Bargained • Criteria for career ladder promotions • The right to insist temporary promotions where there has been a change in duties • Performance awards • Transportation stipends • Prices for food services • Parking • Student Loan Forgiveness • Tuition Assistance

28. Federal Collective Bargaining: The Process and the Players

29. When there is no agreement in place (and you have a certified unit) • At the end of an agreement (when the current contract term expires) • Whenever working conditions change (i.e. “mid-term” and “Impact & Implementation” bargaining) Note– Contracts stay in place until renegotiated When is it appropriate to bargain?

30. Master Labor Agreement (MLA) • Requires FLRA unit certification • Generally for Consolidated Units • Local or Regional Agreements • Local Supplemental Agreements (MLAs may stipulate requirements) • Memorandums of Agreement (typically issue specific) Types of Agreements

31. The NEUTRALS

32. Oversees representation elections • Determines federal case law • Resolves negotiability disputes • Stops unfair labor practices by either agencies or unions (e.g., union animus, regressive bargaining, delay tactics, avoiding agreement) • Patterned like the National Labor Relations Board for the private sector Federal Labor Relations Authority (FLRA)

33. Provides assistance in resolving negotiation impasses and other disputes • Trains parties in cooperative practices • Provides lists of available arbitrators upon request FMCS cannot impose settlements or require agreement Federal Mediation andConciliation Service (FMCS)

34. Makes final resolution to negotiation impasses • FSIP can take a very broad range of actions— • Can require Fact Finding • Can require final offers from both parties • Can impose a settlement • Can require further bargaining (and often does) Federal Service Impasses Panel (FSIP) (page 1 of 2)

35. Examples of Other FSIP Options PAGE 2 OF 2 • The FSIP can require more mediation • The FSIP can require fact finding, with written submissions from both parties as to the reasoning behind each party’s specific proposals • ** After requiring written submissions, the FSIP may then impose a settlement

36. * In view of what you know about FSIP powers, what are the implications for you as a negotiator?

38. Bargaining typically begins with a change in working conditions. If you wish to bargain over the change, you must submit a formal demand to bargain

39. Check the Contract requirements and follow them carefully: • Are there Time limits? • Who receives the request? • Are all proposals to be presented at the same time? “DEMAND to Bargain” notification—

40. Dear [Management representative]: Pursuant to Article ___ , Section ___ of our collective bargaining agreement, this constitutes notice that AFGE Local/Council 56 demands to negotiate over the procedures to be used to implement furloughs of bargaining unit employeesprompted by the sequestration, as well as appropriate arrangements for those employees who are adversely affected. EXAMPLE

41. The union proposes to meet [date, time, place]. Our bargaining team will consist of [names]. We are aware of the serious nature of the current circumstances and appreciate the need for prompt action. I look forward to receiving your response and to efficient and productive negotiations. Sincerely, Could also ask for response DATE

42. The Union should also submit an information request, asking for answers to five key questions: • What you want? • Why you want it? • Who is it going to affect? • How is it going to affect them? • When do you want to get it done? E.g., For a proposed Office Reorganization— The required ASKS include who is affected, how many are affected, where is it happening, when is it happening…..

43. IT’S ABOUT THE MEMBERS! So, find out from the members: • Who is affected? • What are their concerns? • What do they expect the Union to do about it? Use Surveys, Update Members at Meetings, Use Newsletters Never underestimate the value of 1-on-1 discussions

44. ”Attached is a request pursuant to the Contract and 5 U.S.C. 7114 (b) (4) for information that is necessary for our collective bargaining…. And/Or “Attached are the union’s initial proposals. We reserve the right to make additional proposals during the course of these negotiations…. Consider including the information request and bargaining proposals with the bargaining notice

45. Under 5 U.S.C., §7114(b): The Agency is required to provide data requested by the Union for bargaining— The duty to provide information is a “good faith requirement” under FLRA guidelines for bargaining....

46. Some Special Stipulations about Information Requests-- 1) The information must be ”normally maintained” by the agency in the regular course of business; 2) The information must be ”reasonably available” and “necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining”; and 3) The information ”must not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining”.

47. NORMALLY MAINTAINED MEANS….. • The agency must possess the data, or may access the data from an easily accessible source; • The agency is able to maintain the data in regular course of business • Not necessarily in just one location • Not necessarily in a “system of records”

48. If the Agency stalls or argues that the request is overly burdensome…. Point out, for the record, that information is necessary for the union to carry out the Union’s responsibilities, both in negotiations and in the administration of the labor agreement Explain the connection(s) between the information needed and the Union proposals, how employees are being adversely affected

49. When the Union requests information, it must tell the Agency: • The purposefor requesting the information; • Theusesto which the Union will put the information; and • How the purpose relates to the Union’s role as the exclusive representative. The FLRA requires the parties to discuss in detail any dispute about requested information, and to make a reasonable attempt to resolve the dispute FLRA “Particularized Need Test”

50. PROPOSAL WRITING