Title 5 of the United States Code, Part III, Subpart F, Chapter 71, Subsection 7114 establishes the rights to representation in the federal sector labor organizations: “A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.”
Why is this important? This language establishes both your right as a bargaining unit employee to be represented by the union designated as the exclusive representative in your workplace (regardless of whether or not you have made the decision to join the union), and it establishes the rights and responsibilities necessary for your local union representatives (i.e., your fellow employees) to represent your interests. So remember, if you encounter a personnel policy or other conditions of employment that you believe unfairly affect you, reach out to your local union representatives. They’ve got your back!
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On August 4, a report from Axios shed light on the Biden Administration's push to bring an end to the remote work era, as communicated in an email from White House Chief of Staff Jeff Zients to the Cabinet (source: https://www.axios.com/2023/08/04/biden-end-remote-work-federal-employees). This development has raised numerous questions and concerns among USACE employees regarding the implications it holds for existing telework arrangements.
It's important to emphasize that supervisors cannot interpret the news of Mr. Zients's email as giving them carte blanche to unilaterally modify telework policies or practices. Management in your office has an obligation to continue to operate in a professional manner, in accordance with any existing telework agreements until/unless there is an official change in agency policy followed by an opportunity for the union to bargain the implementation of those changes at the local level. If you have any questions or concerns regarding the state of telework policy in your office, please do not hesitate to reach out to your local union representative. Your union is here to support and advocate for your rights and interests. Statements in response from IFPTE President Matt Biggs and other IFPTE leaders can be found here: https://www.ifpte.org/news/ifpte-responds-to-biden-administration-directive-on-federal-telework If you find yourself in an investigatory meeting and management begins to ask questions that you believe could lead to disciplinary action, you have the right to invoke your “Weingarten Rights.” Weingarten Rights allow bargaining unit employees (like you) the right to have their union representative present during an interview or questioning if you make a clear request for union representation.
However, statement/questions such as “I’m here without representation” or “Do I need union representation?” do not qualify as requests for a union representative. Also, be aware that management has no obligation to advise you of your rights either immediately before or during questioning. Their only obligations are to notify you of your Weingarten Rights at least once per year and to respect your request for union representation when/if you invoke it. It is up to the employee (you) to call for a pause to a meeting to invoke your Weingarten Rights when you feel it is necessary. Also note that simply invoking your rights for a union representative cannot be grounds for discipline or dismissal. Once you have invoked your rights to have a union representative present, the employer must either grant your request, terminate the interview, or obtain your permission to continue without your union representative present. Prior to the investigatory meeting resuming, the employer also must allow your union representative a pre-interview conference with you. Your union representative can then provide “advice and assistance” during the investigatory interview once it resumes. |
The ACE AdvocateA publication of the IFPTE ACE Council. Managing Editor, John Berens. Content by the ACE Council Communications Committee. Archives
October 2024
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The ACE Council represents the interests of more than 4,000 federal employees working at district and division offices, and business centers and laboratories of the US Army Corps of Engineers across the country.
All references to the Army Corps of Engineers or other agencies of the Department of Defense and the federal government are for identification purposes only. |