§4113 Representation Rights and Duties

Summary

A labor organization that gets exclusive recognition must represent and bargain for all employees in the unit described in section 4112. The union must represent everyone fairly, without favoring members over nonmembers. The union must be allowed to join formal talks between Department managers and employees about grievances, personnel policies, or general work conditions. If an employee reasonably believes a Department interview could lead to discipline and asks for representation, the employee must be allowed to have a representative present. The Department must tell employees every year about this right. Employees still may hire their own lawyer or other chosen representative for grievance proceedings and may use any grievance or appeal rights given by law, rule, or regulation. The Department and the union must meet and negotiate in good faith to reach a collective bargaining agreement. They must come to talks ready to negotiate, send authorized representatives, meet at reasonable times, avoid delays, and, when asked and allowed by law, share normally kept data needed for bargaining. They must negotiate jointly when matters affect employees in more than one agency and, if they agree, put the terms in writing and take steps to carry them out. Any agreement must be sent to the Secretary for approval. The Secretary must act within 30 days and may reject the agreement in writing only if it conflicts with law, rule, or regulation. If not rejected, the agreement becomes effective 30 days after it is signed. The Department must also consult the union on government-wide or multiagency changes that affect employee rights, let the union comment, consider its views, and explain in writing the reasons for the final decision.