Managers get guidance on when to talk to unions

The Federal Labor Relations Authority hopes to guide federal managers and employees away from unfair labor practice suits by clarifying the instances when unions can--and should--sit down with management. In a memorandum dated Jan. 25, FLRA General Counsel Joseph Swerdzewski outlined the types of situations where employees and unions have a right to be represented in meetings between agencies and bargaining units. "There are significant numbers of filings growing out of circumstances that this guidance document addresses," said Harold Kessler, an FLRA spokesman. "The goal is to eliminate filings. If people have a better idea of what the law is, they are less likely to have to turn to an adjudicatory process to have these things dealt with." The memo was issued based on information gauged from the unfair labor practices cases filed in the FLRA's regional offices, Kessler said. According to the memo, union representatives have the right to attend formal discussions scheduled by managers with employees to talk about general concerns and events occurring in the workplace. An employee being interviewed as part of an investigation also can request union representation. To avoid a conflict, union officials should designate a person to receive notifications of the meetings, agencies should share information with the union to help facilitate a productive meeting, and both parties should develop a protocol for having formal discussions. "When the parties understand and appreciate the reason for these rights and the respective roles of the union and agency officials at meetings, the parties will be better suited to avoid disputes and unfair labor practices while accomplishing the purpose of the meetings," Swerdzewski said in a written statement.