USDA-Office of Human Capital Management 
Labor Relations Staff

Labor-Management Relations - Foundational Facts and Concepts

(What you don’t know can hurt you)

(rev 11-17-04)

Labor Law – Setting the Stage

Labor-management relations in the Federal Government is grounded in the same legal tenets present in the private sector of our economy which date back to the early 1900’s and the Wagner Act of 1935 which gave workers the right to unionize. Through a series of Executive Orders in the 1960s and early 1970s, Unions were recognized and given exclusive recognition rights to organize and represent employees in the federal sector. As part of the Civil Service Reform Act of 1978, the Federal Service Labor-Management Relations Statute (FSLMRS) contains the legal framework for federal labor-management relations today.

Labor-Management Relations in the USDA

Currently, Unions exist in all Mission Areas and represent approximately 43,000 USDA employees within 93 bargaining units. A collective bargaining agreement (contract) exists between the Union and management at the level of recognition for each of those units.

There are nine (8) different Unions who represent employees with USDA. The American Federation of Government Employees (AFGE) and National Federation of Federal Employees- International Association of Machinists and Aerospace Workers (NFFE-IAMAW) represent the largest numbers of employees: approximately 14,000 and 22,000 respectively. They are both affiliated with the AFL-CIO. Other Unions include:

· National Treasury Employees Union (NTEU),

· American Federation of State County and Municipal Workers (AFSCME),

· National Association of Agriculture Workers (NAAE),

· Natl. Assn. Of Plant Protection and Quarantine Office Service Employees (NAPPQOSE)

· American Foreign Service Association (AFSA), and

· National Association of Government Employees (NAGE).

USDA Labor Relations policy requires managers to meet their statutory labor-management relations obligations so as to promote effective and efficient Departmental operations. Managers are also encouraged to develop and maintain an overall labor-management strategic plan within their organizations. Maintaining effective working relationships with labor organizations is part of one of the nine improvement goals contained in USDA’s Human Capital Plan for 2003-2007.

Important LMR Obligations and Advice

• Managers should know which bargaining units exist within their organization, key provisions of collective bargaining agreement(s) for employees within those units and know the name of the local Union President. Although Managers may not have direct dealings with Union officials on day-to-day LMR issues, knowing this basic information will increase sensitivity to management’s LMR obligations and foster a positive relationship between the Parties. (Advice)

• Management cannot deal with bargaining unit employees (BUEs) unilaterally on matters affecting conditions of employment. The Union must be notified of any planned changes to policies, practices, and working conditions affecting BUEs. Any bargainable LMR issues raised by the Union regarding those planned changes must be resolved either through negotiations or by agreement in partnership before those changes are implemented. Also, Unions have the right to be given advance notice and be permitted to attend formal discussions between management official(s) and BUEs when general conditions of employment are discussed or in meetings to discuss a grievance. (Obligation)

• Management must remain neutral in its actions related to Union organization efforts. Failure to do so, or to show animus toward employees or Union officials for exercising their rights under the Labor Statute is an unfair labor practice (ULP). (Obligation)

• Bargaining unit employees being examined by an agency representative who are the subject of an administrative investigation that could result in disciplinary action, have the right to request and be accompanied by a Union representative. This is known as a Weingarten Right. (Obligation)

• Union officials must be given a reasonable amount of official time to discharge their representational functions, including participation in negotiations and responding to management proposals. The amount of time is controlled by law and applicable collective bargaining agreements. (Obligation)

• Bargaining unit employees must use the negotiated grievance procedure, as found in their collective bargaining agreement, to resolve grievances as defined by and that fall within the scope of their collective bargaining agreement. (Obligation)

• When in doubt about the interpretation or application of the collective bargaining agreement consult your Labor Relations staff and/or visit the USDA labor relations website. The Labor Relations staff typically has background information for the contract negotiations and access to current case law on the matter in question. (Advice)

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