Know the Statute: What is a Formal Meeting?

As a Bargaining Unit Employee (BUE) you are entitled to have a union representative present for any formal meeting with management. But what is a “formal meeting?” The Federal Labor Relations Authority’s (FLRA) “Guidance on Meetings”, dated September 1, 2015, is a useful resource to better understand.

The Federal Service Labor Management Relations Statute (FSLMRS, or “the Statute”) provides rights to union representation at formal meetings in Section 7114(a)(2). However, the Statute is not specific as to when these rights are triggered. According to the FLRA guidance, “In order for the section 7114(a)(2)(A) formal discussion right to exist, the following elements must be satisfied: (1) a discussion; (2) which is formal in nature; (3) between at least one or more agency representatives and one or more unit employees or their representatives; (4) concerning any grievance or personnel policy or practice or other general condition of employment.”
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However, not every discussion between an employee and management triggers this benefit of representation. For example, routine counseling sessions are typically not considered formal meetings. To be “formal” with the right to union representation, something must elevate the discussion above the routine. This can be highly case-specific but includes such considerations as the amount of notice given for the meeting, whether there was a set agenda, and the significance of the issues discussed. Contact your union to know more about formal meetings and the Statute, in general.