§4113 Representation Rights and Duties

Summary

A recognized labor organization (the exclusive representative) has the sole right to speak for and bargain for all employees in the bargaining unit. The union must represent everyone in that unit fairly, no matter whether employees belong to the union. The union has the chance to be at formal talks about grievances, personnel policies, or general work conditions. A worker who reasonably believes an investigatory meeting could lead to discipline and asks for a representative must be allowed union representation at that meeting. The Department must tell employees about this investigatory representation right once each year. Workers can still hire their own lawyer for grievance proceedings under subchapter XI or use any other grievance or appeal rights they have. The Department and the union must meet and try in good faith to reach a collective bargaining agreement. Good faith means coming ready to negotiate, meeting at reasonable times, avoiding needless delays, sharing business data that is available and needed for bargaining (unless the law forbids it), negotiating jointly on multi-agency issues when required, and putting agreed terms in writing and carrying them out when asked. Any agreement must be approved by the Secretary within 30 days unless the Secretary writes that it violates a law or rule. If not disapproved, the agreement takes effect after 30 days and is binding, subject to applicable laws and regulations. The Department must also consult the union on government-wide or multiagency changes that affect employees outside the Foreign Service system, allow time for the union’s views, consider them, and give a written explanation of its final decision.