Exclusive Representative's Rights and Obligations

An exclusive representative is any labor organization which is certified under the Statute as the exclusive representative of employees in an appropriate unit, or was recognized by an agency immediately before the effective date of the Statute as the exclusive representative of employees in an appropriate unit and continues to be so recognized in accordance with the provisions of the Statute

The labor organization is the exclusive representative of the employees in the unit it represents and is entitled to act for and negotiate collective bargaining agreements covering all employees in the unit.

The exclusive representative must be given the opportunity to be represented at any examination of a unit employee by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and if the employee requests representation. Management is required to inform employees of this right annually.

The duty to bargain in good faith imposed by the Statute requires an agency to bargain during the term of a collective bargaining agreement on negotiable union proposals concerning matters which are not contained in the agreement unless the union has waived its right to bargain about the subject matter involved.

Any member of the exclusive representative who is an employee of the agency in the appropriate unit can use payroll deductions to pay regular and perioduc dues to the exclusive representative upon submission to the agency of an appropriate written assignment. If an appropriate written assignment is submitted to the agency, the agency must honor it and must deduct the dues from the employee's pay pursuant to the written assignment and make the appropriate allotment to the exclusive representative. Any such allotment is made at no cost to the employee or the exclusive representative. Assignments cannot be revoked for a period for a period of 1 year. However, any allotment for dues deduction for any employee must terminate when:

  • the agreement between the agency and the representative involved ceases to be applicable to the employee; or
  • the employee is suspended or expelled from membership in the exclusive representative.

An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.

It is noted that under section 7120 of the Statute, an exclusive representative must adopt and subscribe to standards of conduct that assure it will maintain democratic principles and a system of financial responsibility. The Department of Labor's Assistant Secretary, Employment Standards Administration has prescribed regulations to carry out the purposes of this sec