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WHAT IS THE RIGHT OF THE UNION WITH RESPECT TO FORMAL DISCUSSIONS?The union has the right to provided with advance notice of all such discussions and the right to be present at the discussion.
WHAT IS THE PURPOSE OF THE FORMAL DISCUSSION RIGHT? The Federal Labor Relations Statute grants a union the right to be represented at a formal discussion in order to represent the institutional interests of the union representative. The intent is that the union's presence and participation will enable the meeting to be successful and productive by, for example, asking questions to clarify the matters being discussed and avoiding misunderstandings.
WHAT ARE THE ELEMENTS OF A FORMAL DISCUSSION?
In order a formal discussion right to exist, there must be:
- A discussion;
- Which is formal in nature;
- Between at least one or more agency representatives and one or more unit employees or their representatives;
- Concerning any grievance or personnel policy or practices or other general condition of employment.
DOES THERE HAVE TO BE AN ACTUAL DIALOGUE OR DEBATE BETWEEN AGENCY OFFICIALS AND EMPLOYEES FOR A DISCUSSION TO OCCUR?
No. A meeting is synonymous with a discussion so a meeting for the sole purpose of making a statement or announcement, rather than to engender dialogue, could be a formal discussion.
WHAT MAKES A DISCUSSION FORMAL?
The purpose and nature of a discussion, as well as the manner in which the meeting was arranged and conducted, are factors considered when determining whether a discussion is formal in nature. Formality is distinguished from impromptu, on the job discussions, and discussions involving one employee and a supervisor about such matters as performance.
WHO MUST PARTICIPATE FOR THERE TO BE A FORMAL DISCUSSION?
A representative of the agency must participate in a meeting with unit employees to trigger a union representational right.
WHAT HAS TO BE THE SUBJECT MATTER TO BE A FORMAL DISCUSSION?
To be a formal discussion, the meeting must concern either "any personnel policy or practices or other general condition of employment" or a "grievance."
WHAT IS "ANY PERSONNEL POLICY OR PRACTICES OR OTHER GENERAL CONDITION OF EMPLOYMENT"?
"Any personnel policy or practices" are general rules applicable to agency personnel. A "general condition of employment" concerns conditions of employment affecting unit employees generally.
WHAT IS A "GRIEVANCE" FOR PURPOSES OF FORMAL DISCUSSIONS?
The term "grievance" for formal discussion purposes is defined in the federal labor relations statute as any complaint by an employee concerning any matter related to the employment of the employee.
DOES AN ACTUAL GRIEVANCE HAVE TO BE FILED?
No. To be considered a "grievance" for purposes of a formal discussion, the matter does not have to be subject to the negotiated grievance procedure.
IF A SUPERVISOR IS MEETING WITH AN EMPLOYEE TO COUNSEL THE EMPLOYEE ABOUT PERFORMANCE OR CONDUCT ISSUES, IS THIS A FORMAL MEETING?
No, it is not.
IF A SUPERVISOR IS MEETING WITH ALL EMPLOYEES TO DISCUSS THE WORK ASSIGNMENTS FOR THE DAY, IS THIS A FORMAL MEETING?
No, it is not.
IF A SUPERVISOR WANTS TO MEET WITH EMPLOYEES TO GET THEIR IDEAS FOR WORK SCHEDULE CHANGES, IS THIS A FORMAL MEETING?
Yes. The union must be given notice of the meeting.
CAN A MEETING IN PROGRESS CHANGE INTO A FORMAL DISCUSSION?
Yes. A meeting that does not begin as a formal discussion, may nonetheless develop into or become a formal discussion once all of the elements have been met.
IF A MEETING THAT DID NOT START OUT AS A FORMAL DISCUSSION CHANGES INTO ONE AS THE MEETING PROGRESSES, DOES THE UNION HAVE A RIGHT TO BE PRESENT?
Yes. The meeting should be stopped until the union is notified and given an opportunity to be present. Alternatively, management (who controls the meeting) may determine not to discuss the subjects that are giving rise to the formal discussion right and continue the meeting.
WHAT FACTORS CAN A MANAGER LOOK AT TO DETERMINE WHETHER A MEETING FALLS INTO THE CATGEORY OF A FORMAL DISCUSSION?
In the links provided at the end of this document is a table taken from the Federal Labor Relations Authority guidance on formal meetings that should help in making decisions as to whether a meeting is formal or not.
WHAT TYPE OF NOTICE OF THE MEETING HAS TO BE GIVEN BY THE AGENCY TO THE UNION?
The union, specifically the union president (or designee), must be given reasonable advance notice of the meeting. This is normally done in writing.
IF THERE IS ALREADY A UNION STEWARD PRESENT AT THE MEETING, DOES THIS SATISFY THE UNION’R RIGHT TO BE REPRESENTED?
No. The union has the right to designate who will attend the meeting on behalf of the union.
IF THE UNION HAS BEEN NOTIFIED OF THE FORMAL MEETING BUT DOES NOT ATTEND, MAY THE MEETING PROCEEED?
Yes. If the union has been properly notified and does not appear at the meeting, it has waived the right to be represented and the meeting may be held without the union.
TO WHAT EXTENT CAN A UNION REPRESENTATIVE PARTICIPATE AT THE MEETING?
The right to be represented encompasses the opportunity to speak, comment and make statements, but it does not extend to taking charge of, usurping or disrupting the meeting.
WHAT ARE THE ROLES OF THE PARTIES AT A FORMAL DISCUSSION?
An agency representative's role is to conduct the meeting and accomplish its purpose, whether it is to merely impart information to employees, give guidance or instructions, or obtain employee feedback on work- related issues. The union's role is to actively participate on behalf of the unit employees and present, as appropriate, its institutional perspective. The table below, taken from the Federal Labor Relations Authority guidance on formal meetings, addresses what unions may and may not do during formal discussions.
| UNIONS CAN |
UNIONS CANNOT |
|
Designate its own representative to attend the formal discussion
Ask management for a short delay so that a representative versed in the subject matter of the meeting may attend to represent the union
|
Unreasonably delay the meeting because a particular representative is not able to attend at the scheduled time
Insist that more than one union representative attend
|
| Ask management what the meeting is going to be about |
Demand that all information to be discussed at the meeting first be discussed only with the union
Demand that other unrelated topics be added to the agenda
|
| Clarify matters being discussed |
Engage in an argument with the management officials conducting the meeting which interferes with the purpose of the meeting |
| Represent the interests of the bargaining unit |
Raise issues that are not related to the topic or purpose of the meeting so as to disrupt the meeting and thwart its purpose |
| Speak, comment and make statements about the subject matter of the meeting |
Take charge of the meeting so as to disrupt the meeting and thwart its purpose |
| Ask questions concerning the matter being discussed |
Act in a manner that disrupts the meeting |
WHAT CAN HAPPEN IF MANAGEMENT HOLDS A FORMAL MEETING BUT DOES NOT INVITE THE UNION TO BE REPRESENTED? The union may file an Unfair Labor Practice Charge (ULP) against the agency.