Appendix E - Past Practice Representation Rights


Department of Veterans Affairs, Medical Center, Muskogee, Oklahoma, 53 FLRA No. 103, 53 FLRA 1228, (1998) (agency violated section 7116(a)(1) and (5) of the Statute by refusing to comply with its past practice of granting official time to union representatives to attend EEO hearing to represent bargaining unit employees).

U.S. Department of the Navy, Naval Avionics Center, Indianapolis, Indiana
, 36 FLRA No. 65, 36 FLRA 567, 572 (1990) (agency violated section 7116(a)(1) and (5) by changing, without providing the union with notice and an opportunity to bargain, the practice by which it scheduled official time meetings requested by employees with their union representatives).

No Violation

Nuclear Regulatory Commission, 17 FLRA No. 132, 17 FLRA 972, 973-74 (1985) and United States Department of the Treasury, United States Customs Service and United States Customs Service, Region VI, 18 FLRA No. 1, 18 FLRA 1, 4 (1985) (agency did not violate section 7116(a)(1) and (5) when it changed its practice that allowed union representation of bargaining unit employees in agency grievances concerning promotion actions to threshold supervisory positions because the change did not change conditions of employment of bargaining unit employees and thus there was no obligation to bargain).