§4113 Representation rights and duties

Summary

When a union is chosen as the only representative for a group of employees, the union must represent everyone in that group fairly, whether or not they belong to the union. The union has the right to be at formal talks about grievances, personnel policies, or general working conditions. If an employee reasonably believes an interview could lead to discipline and asks for a representative, the union can be present during that investigation interview. The Department must tell employees about that interview right once a year. The Department and the union must meet and try in good faith to reach a collective bargaining agreement. Employees may still use their own lawyer or other chosen representative in grievance proceedings and may use any legal grievance or appeal rights. Good-faith bargaining means both sides must try sincerely to reach agreement, send authorized people who can negotiate, meet at reasonable times and places, and avoid unnecessary delays. The Department must give, on request and if the law allows, business records normally kept and needed for bargaining, but not internal management advice or training for supervisors or confidential staff. The parties should negotiate across agencies when appropriate. If they agree, they must put the terms in writing and take steps to carry out the agreement. The Secretary must approve the agreement within 30 days or put in writing why it breaks a law or rule; if not disapproved, the agreement takes effect after 30 days and is binding subject to applicable laws. The Department must also consult the union about government-wide or multiagency changes that affect employee rights or benefits, give the union time to respond, consider its views, and explain in writing the reasons for final actions.