Things You Need To Know
Know Your Rights !
~~~> NTEU MEMBER RIGHTS <~~~
You did not give up your basic rights the day you became a federal
employee. Many rights are provided by law and additional rights have been
negotiated. All are enforced for you daily by NTEU.
Your rights, under both the law and the NTEU/agency contract, are
only words on paper until you claim them, assert them, and exercise them.
Exercising your rights will transform hopes and aspirations for the future into
a positive action program that will make a better tomorrow for federal
employees.
You will never be alone in exercising these rights. NTEU--its
members, leadership, and staff--stand with you.
The Federal-Labor Management Relations Act defines and protects
your rights. As a federal employee, you have the right to:
- join NTEU;
- actively participate as a
member of NTEU;
- participate in the decisions
affecting your work life;
- file grievances through your
NTEU representative;
- be guaranteed protections in
exercising your rights.
It is against the law for management to take any action against
you because of your membership in, support of, or active participation in,
NTEU.
Question
and Answers
Do
you have the right to have an NTEU representative present in a "formal
discussion" between you and management?
YES - Any examination of an employee in the bargaining unit by a
representative of the agency in connection with an investigation, including
Internal Security or Inspection, entitles you to have an NTEU representative
present if you reasonably believe that the examination may result in
disciplinary action against you and you request representation.
Do you have the right to file grievances/complaints against the
agency without fear of reprisal?
YES - It is illegal for the agency to discipline or otherwise
discriminate against you because you have filed a grievance, complaint, or
affidavit against the agency or its representatives.
Does the law state that the statutory protection of the right of
employees to form, join, and participate in labor unions of their own choosing
contributes to the effective conduct of public business?
YES - In addition, Congress has found, and the law thus states,
that employees' participation in labor unions also safeguards the public
interest and facilitates and encourages the amicable settlements of disputes
between employees and the agency involving "conditions of
employment."
All of the above are rights afforded to you in accordance with the
Federal Service Labor-Management Relations Statute. NTEU ensures that those
rights are protected.
Congress guarantees your right, as a federal employee, to join
NTEU. Some managers may not understand the law or have no respect for it. Make
it perfectly clear to them that you know what your rights are, and that you
plan to assert them, immediately. Take that important first step !
The
Hatch Act
In 1939, the enactment of The Hatch Act was hailed as a critical
step toward cleaning up government and ending political patronage. Its goal was
to ensure a qualified, stable work force free from coercion and the constant
threat of job loss for no reason.
Since that time, the federal workplace has changed a great deal
and in 1993, The Hatch Act was reformed to reflect these changes. The law
officially changed on February 3, 1994. Listed below you will find the
guidelines for activities allowed and prohibited under the current Hatch Act
law. If you are ever concerned about the legality of an activity, please
contact NTEU's Legislative Office. You can call (202) 572-5500 or write to the
NTEU Legislative Office at: NTEU Legislation Department, 1750 H Street NW,
Washington, DC 20006.
Hatch
Act DO's and DONT's
Employees May:
- Register and vote as they choose;
- Assist in voter registration drives;
- Express opinions about all candidates and
issues, privately and publicly;
- Run for election to a non-partisan office;
- Contribute money to political organizations or
attend a political fund raising function;
- Sign petitions, including nominating petitions;
- Wear political badges, buttons (except in
government buildings);
- Run for office within party organizations and
affiliate groups;
- Attend political conventions, rallies and
meetings as an elected representative of a partisan organization;
- Take an active part in political management of
campaigns;
- Solicit contributions to the political action
committee of the organization to which both employees belong provided that
the contributor is not a subordinate employee;
- Spouses and other members of an employees'
family may engage in all forms of partisan political activities.
Employees May Not:
- Be candidates for public office in partisan
politics;
- Use their official position to influence or
coerce colleagues and election results;
- Wear political buttons in government buildings;
- Collect, solicit, receive, handle, disburse or
account for contributions from the general public;
- Wear a government uniform or government insignia
while engaged in political activities;
- Sell tickets to a political fund raising
function to the general public.
Weingarten
Rights
The right of employees to have union representation at
investigatory interviews was announced by the U.S. Supreme Court in a 1975 case
(NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights
have become known as the Weingarten rights.
Employees have Weingarten rights only during investigatory
interviews. An investigatory interview occurs when a supervisor questions an
employee to obtain information which could be used as a basis for discipline or
asks an employee to defend his or her conduct.
If an employee has a reasonable belief that discipline or other adverse
consequences may result from what he or she says, the employee has the right to
request union representation. Management is not required to inform the employee
of his/her Weingarten rights; it is the employees responsibility to know and
request.
When the employee makes the request for a union representative to
be present management has three options:
- It can stop questioning until the representative
arrives.
- It can call off the interview or,
- It can tell the employee that it will call off
the interview unless the employee voluntarily gives up his/her rights to a
union representative (an option the emplovee should always refuse.)
Employers will often assert that the only role of a union
representative in an investigatory interview is to observe the discussion. The
Supreme Court, however, clearly acknowledges a representative's right to assist
and counsel workers during the interview.
The Supreme Court has also ruled that during an investigatory
interview management must inform the union representative of the subject of the
interrogation. The representative must also be allowed to speak privately with
the employee before the interview. During the questioning, the representative
can interrupt to clarify a question or to object to confusing or intimidating tactics.
While the interview is in progress the representative can not tell
the employee what to say but he may advise them on how to answer a question. At
the end of the interview the union representative can add information to
support the employee's case.
On June 15, 2004, The National Labor Relations Board ruled by a
3-2 vote that employees who work in a non-unionized workplace are not entitled
under Section 7 of the National Labor Relations Act to have a coworker
accompany them to an interview with their employer, even if the affected
employee reasonably believes that the interview might result in discipline.
This decision effectively reversed the July 2000 decision of the Clinton Board
that extended Weingarten Rights to nonunion employees.
Lautenberg
Amendment
The Lautenberg Amendment to the Gun Control Act of 1968 became
effective Sept. 30, 1996. The amendment makes it a federal offense for anyone
convicted of a misdemeanor crime of domestic violence to ship, transport,
possess or receive firearms or ammunition. Also, it prohibits the knowing sale
or disposition of any firearm or ammunition to a person with such a conviction.
While information contained in an employee’s Qualification Inquiry will not be
used against an employee in any criminal prosecution for a violation of the
Lautenberg Amendment, criminal prosecution or administrative action may be
taken against an employee who knowingly and willfully provides false information.
5 USC Sec. 7131
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart F - LABOR-MANAGEMENT RELATIONS
SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS
SEC. 7131. Official Time
-STATUTE-
(a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasses proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purpose.
(b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
(c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.
(d) Except as provided in the preceding subsections of this section - (1) any employee representing an exclusive representative, or (2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative, shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.
-Source- (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.1214.)