How are AFGE’s rights being protected after the transfer of employees to DHA?
AFGE General Counsel’s Office has filed petitions with the Federal Labor Relations Authority to address the representation status of transferred employees. Those petitions are pending before the FLRA.
What are the parties’ rights and obligations when a Representation Proceeding is pending?
This is answered by a reading of 5 CFR 2422.34. When a representation proceeding is pending, parties must maintain existing recognitions, follow the terms and conditions of existing collective bargaining agreements, and fulfill all other representational and bargaining responsibilities under the Statute. So this means that the agency (Army, Navy, Air Force) has to keep dealing with the union as the exclusive representative.
Can the Agency legally stop dues deduction or refuse to adjudicate a grievance ?
No. The Agency is legally obligated to both recognize the exclusive representative (at the time of the representation proceeding) and the CBA that the Parties operated under until the representation proceeding is fully adjudicated.
Can the Agency deny official time (allowed either under the statute or the parties’ CBA) during a Representation Proceeding?
No, not unless there is something within the CBA that allows for the denial in that specific situation (i.e. the Parties are specifically excluded from use of official time for that particular activity within the CBA).
Which Agency should be our point of contact in regards to our labor relations activities?
While the FLRA is figuring out the petitions and adjudicating the Representational Proceedings, the Service that you were under prior to the Transfer of Function still retains the labor obligation. The Certification that you have with the Army, Navy, and Air Force remains your certification until the FLRA issues a decision regarding the Representation Proceeding.
Isn’t our new employer DHA after the Transfer of Function, how does this work?
Yes, DHA is your new employer, and that should be reflected on any documents regarding your employment (i.e. SF-50). However, due to the way that the law and regulations work, any changes in working conditions need to be bargained through the Army, Navy, or Air Force as DHA does not have the obligation to communicate with the Exclusive Representative post-Transfer until the FLRA rules regarding the Representation Petition.
What happens if DHA wants to institute a Change in Working Conditions?
Then those changes still must be bargained with the appropriate Exclusive Representative. DHA cannot institute changes in working conditions without first bargaining those with the Exclusive Representative.
If DHA violates the Statute or our CBA, then what do I do?
Contact your National Representative immediately, copying [email protected] on the request. Each factual situation can be different. In some cases, a grievance will be appropriate. In some cases, a ULP against the Army, Navy, or Air Force will be appropriate. In some limited instances, there will be an opportunity to file a ULP against both the former Employer and DHA.
Has the FLRA made any decisions in any of the Representation Proceedings made to date?
As of the date of this guidance, no.
Will I be notified once a decision is reached in my Local’s case?
Absolutely, yes; and you will also be notified what (if any) changes will occur because of the FLRA’s decision.
This guidance is accurate as of the date of this memo. The guidance may be modified or updated based on new information or developments.