The FLRA has issued guidance intended to assist management and unions in determining their respective rights and obligations during formal discussions, investigatory examinations, and other meetings or discussions that may trigger representational rights under federal labor law.
FLRA said the guidance “should help the parties understand how they can best operate in a manner that promotes cooperative labor-management relations and the effective functioning of government, as called for by the statute.”
The law provides for representation rights when certain conditions have been met: formal discussions and investigatory examinations. It also prohibits agencies from bypassing exclusive representatives, and dealing directly with unit employees, regarding grievances and other matters relating to the collective bargaining relationship.
The guide describes the legal authority of representational rights; the scope and purpose of the rights; the types of meetings and discussions to which they apply; and the potential consequences for violations.