Safety is everyone’s job. Both the employer and the union jointly encourage employees to work safely and to report any unsafe conditions. We should all remember this and strive to make sure everyone goes home safely at the end of the day.
When a workplace inspection is about to take place, ask if you, your local union rep, and/or another coworker can attend. No matter who is conducting the inspection, it is essential that you and your fellow employees are aware that an inspection is taking place and have an opportunity to inform inspectors of any problems that you may have observed. The main purpose of inspections is to discover health and safety hazards and correct them before illness or injury occurs. Examples of safety and health policies include (but are not limited to) Position Hazard Analysis (required for all positions), emergency response plans (including evacuation routes and emergency phone numbers), as well as policies for specific situations like confined-space entry programs and “lockout/tagout.” Don’t wait for an accident to happen. Be aware that, in addition to agency-wide safety guidance like EM 385-1-1, local collective bargaining agreements (CBAs) often identify specific requirements related to inspections and other safety procedures. Note that a CBA can also be referred to as a Labor Management Agreement (LMA) or simply as “the contract.” If you don’t already have it on file, ask your local union rep for a copy of your CBA and check to see if its safety requirements are being followed in your workplace. Your safety is paramount!
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Supervisors and managers are responsible for following all applicable laws and agency regulations, as well as your office’s Collective Bargaining Agreement (CBA), in how they treat you, as the employee. If they don’t, both you and the IFPTE local that represents you have a right to seek remedy by filing a grievance.
Most grievances begin with a complaint from an employee. An example of a possible grievance could be a supervisor denying telework to an employee where telework in their office is guaranteed through a negotiated agreement. Certain complaints may be excluded from the grievance procedures, either by law or by specific language within your CBA. If you think you might have a valid complaint, the union can assist in identifying if a violation of law, regulation, or the CBA has occurred, as well as help in identifying possible remedies. Discussing a possible grievance is not a commitment to file a grievance, so if you believe a violation has occurred, don’t hesitate to reach out to your union representative. Also, as a reminder, your CBA identifies specific rights for both you (as the employee) and your employer, and it should also include a well-defined process for handling grievances. If you want to better understand your rights in the workplace, ask your local union rep to provide you with a copy of your office’s CBA for your reference. 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! 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. |