Guidance - Summary of the Application of Rights and Duites Under the Federal Service Labor-Management Relations Statute to EEO Matters

 SUMMARY
OF THE APPLICATION OF RIGHTS AND DUTIES
UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE TO EEO MATTERS

STATUTORY RIGHT/DUTY APPLICATION TO EEO MATTERS STRATEGIES TO AVOID DISPUTES
Right/Duty to Negotiate Contracts Covering Conditions of Employment EEO Matters, Including Affirmative Employment Plans, Are Negotiable Conditions of Employment Use a Predecisional Involvement Model Utilizing Interest Based Principles
Right/Duty to Negotiate the Establishment Of, and Changes In, an ADR Program and EEO Processes ADR Programs and EEO Processes Are Negotiable Conditions of Employment Develop Core Principles at the Level of Exclusive Recognition

Take Advantage of Nationwide, Regional or Local Partnership Councils to Develop Core Principles

Develop Options for Local Entities to Select with Allowances for Local Discretion Within Standards and Criteria Established by the Core Principles

Develop a Common Understanding as to What, If Any, Statutory Bargaining Obligation Remains at the Level of Exclusive Recognition Over Establishing ADR Programs and EEO Processes

Right/Duty to Negotiate Changes in Conditions of Employment

Right/Duty to Adhere to Contractual Obligations

There Is a Duty to Bargain over Changes in Conditions of Employment That Arise from EEO Settlement Agreements, Whether Individual, Class Action or Consent Decrees

There Is a Duty to Adhere to Contractual Obligations and to Avoid EEO Settlements That Violate the Contract

The union is involved in the settlement process.

The agency keeps the union informed of settlement progress and attempts to satisfy the union's institutional interests in the settlement agreement in the same manner as management interests are satisfied.

The agency gives notice to the union and bargains prior to implementation of any settlement, and where necessary, provides in the settlement that implementation is dependent upon fulfilling the agency's statutory bargaining obligation to the union.

Clarify the role of a union official representing an employee.

Right/Duty to Represent the Union at Formal Discussions and Investigatory Examinations A Union Has the Right to Be Represented at Formal Discussions and Investigatory Examinations, Even Though the Subject Matter Concerns an EEO Matter And/or the Meeting Is Part of Processing an EEO Complaint Agency and Union Jointly Establish an ADR Program and Procedures for Processing EEO Complaints Which Address the Issue of the Union's Right to be Represented at Formal Discussions and Investigatory Examinations
Right/Duty to Deal Only with the Exclusive Representative Concerning Unit Employees' Conditions of Employment A Union has the Right to Represent the Bargaining Unit on Matters Concerning Conditions of Employment, Even Though the Subject Matter of the Direct Dealings with Employees or Their Personal Representatives May Be an EEO Matter or in Connection with an EEO Complaint Agency and Union Jointly Establish an ADR Program and Procedures for Processing EEO Complaints Which Address the Issue of the Union's Right and Duty to Represent the Entire Bargaining Unit on Conditions of Employment
Right/Duty to Information Information Which Is Related to EEO Matters or Complaints Is Subject to the Requirements of Section of 7114(b)(4) Agency and Union Jointly Establish an ADR Program and Procedures for Processing EEO Complaints Which Address the Issue of the Union's Right to Information
Right/Duty To Process Grievances Negotiated

Grievance Procedures May Cover Violations of EEO Laws

Treat Grievances Over EEO Matters the Same as Other Grievances
Right/Duty Not to Be Treated Differently Because of Union Status A Union Official Serving as a Personal Representative in an EEO Proceeding May Not Be Treated Differently Because of His/Her Union Status Treat a Union Official Acting as a Personal Representative the Same as Other Personal Representatives
Right/Duty to Represent the Union on Matters Concerning Conditions of Employment A Union May Negotiate the Right to be Represented Concerning EEO Matters that Affect the Bargaining Unit Agency and Union Jointly Establish an ADR Program and Procedures for Processing EEO Complaints Which Address the Issue of the Union's Right and Duty to Represent the Entire Bargaining Unit on Conditions of Employment
Right/Duty to Serve as an EEO Counselor Union Officials Perform Collateral Duties as an EEO Counselor, Unless Prohibited Under Section 7120(e) View Each Situation On its Own Circumstances
Right/Duty to Negotiate Official Time Under Section 7131(d) Official Time for Union Involvement in EEO Matters Is Negotiable Under Section 7131(d) Agency and Union Jointly Establish an ADR Program and Procedures for Processing EEO Complaints Which Address the Issue of Official Time
Right/Duty to File Claims under the Statute and under EEO Laws The Statute and EEO Laws Create and Protect Different Rights Parties Disclose and Coordinate Related Filings With Different Third Parties
Right/Duty to Fairly Represent Unit Employees A Union Has a Duty to Fairly Represent Unit Employees When Processing a Grievance Concerning an EEO Matter

A Union May Have a Duty of Fair Representation When it Undertakes to Represent an Employee in an EEO Proceeding.

Unions Treat All Unit Employees the Same When Processing Grievances Regardless of Union Membership

If a Union Undertakes to Represent a Unit Employee in an EEO Proceeding, the Union Acts Reasonably

Note: For each right that an employee, union or agency has under the Statute, there is a concomitant duty on the part of an agency or union. This chart describes the rights which infer the corresponding duties.