FSA 22 USC 4113 - Representation rights and duties

(a) Negotiation of collective bargaining agreements; nondiscriminatory representation A labor organization which has been accorded exclusive recognition is the exclusive representative of, and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit described in section 4112 of this title.

An exclusive representative is responsible for representing the interests of all employees in that unit without discrimination and without regard to labor organization membership. (b) Places of representation (1) An exclusive representative shall be given the opportunity to be represented at - (A) any formal discussion between one or more representatives of the Department and one or more employees in the unit (or their representatives), concerning any grievance (as defined in section 4131 of this title) or any personnel policy or practice or other general condition of employment; and (B) any examination of an employee by a Department representative in connection with an investigation if - (i) the employee reasonably believes that the examination may result in disciplinary action against the employee, and (ii) the employee requests such representation. (2) The Department shall annually inform employees of their rights under paragraph (1)(B). (c) Duty to bargain in good faith; determination of techniques assisting negotiation The Department and the exclusive representative, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement.

In addition, the Department and the exclusive representative may determine appropriate techniques, consistent with the provisions of section 4110 of this title, to assist in any negotiation. (d) Applicability to other employee rights or remedies The rights of an exclusive representative under this section shall not preclude an employee from - (1) being represented by an attorney or other representative of the employee's own choosing, other than the exclusive representative, in any grievance proceeding under subchapter XI of this chapter; or (2) exercising grievance or appeal rights established by law, rule, or regulation. (e) Obligations included in good faith bargaining The duty of the Department and the exclusive representative to negotiate in good faith shall include the obligation - (1) to approach the negotiations with a sincere resolve to reach a collective bargaining agreement; (2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment; (3) to meet at reasonable times and convenient places as frequently as may be necessary and to avoid unnecessary delays; (4) for the Department to furnish to the exclusive representative, or its authorized representative, upon request and to the extent not prohibited by law, data - (A) which is normally maintained by the Department in the regular course of business; (B) which is reasonably available and necessary for full and proper dis