Appendix D - Contract Representation Rights

Negotiable Proposals Creating Representation Rights by Contract

American Federation of Government Employees, National Council of Field Labor Locals and U.S. Department of Labor, Mine Safety and Health Administration, Denver, Colorado, 39 FLRA No. 44, 39 FLRA 546, 552-53 (1991) (section 7131(d) permits the negotiation of official time for labor-management relations activities, but does not preclude parties from agreeing to provide official time for matters unrelated to labor-management relations activities, such as to: attend hearings before the EEOC or to respond to requests for discovery made in accordance with MSPB discovery procedures).

American Federation of Government Employees, National Immigration and Naturalization Service Council and U.S. Department of Justice, Immigration and Naturalization Service, Washington, D.C.
, 45 FLRA No. 31, 45 FLRA 391, 399-400 (1992) (proposal concerning grant of official time to union officials for various activities, including representation and technical assistance at statutory appeal hearings and preparation of unfair labor practices, held negotiable).

National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C., 43 FLRA No. 117, 43 FLRA 1442, 1445-46 (1992) (proposal requiring the management representative conducting an interview of a unit employee to advise the employee of a right to union representation when that management representative reasonably believes that the information offered by the employee reveals employee conduct that may led to disciplinary action against the employee, held negotiable).

Nonnegotiable Proposals Creating Representation Rights by Contract

National Association of Government Employees, Local R7-23 and Department of the Air Force, Scott Air Force Base, Illinois, 16 FLRA No. 96, 16 FLRA 650 (1984) (proposal for official time for an employee in one unit to represent employees who are in another unit held nonnegotiable).

National Federation of Federal Employees, Local 405 and Department of the Army, U.S. Army Aviation Systems Command and U.S. Army Troop Support Command
, 20 FLRA No. 36, 20 FLRA 354, 355-56 (1985) (proposal permitting union representatives to represent agency employees in units other than those in which they are employed held nonnegotiable).