Appeals Procedures

What are employer unfair labor practices?

It is a ULP Unfair Labor Practice - A violation of any of the provisions of the Federal Service Labor-Management Relations Statute. Both management and the union are capable of committing an unfair labor practice. for an employer to [§7116 (a)]:

 

  • Interfere with or restrain an employee from exercising a right provided by the FSLMRS Federal Service Labor-Management Relations Statute - The basis of the labor-management relations program for most non-postal Federal employees.

  • Encourage or discourage membership in the labor union by discrimination with regard to hiring, tenure, promotion or other conditions of employment

  • Sponsor, control or assist a labor organization

  • Discipline or discriminate against an employee that has filed a complaint or grievance

  • Refuse to negotiate in good faith

  • Fail or refuse to cooperate in impasse procedures

  • Enforce a rule or regulation that conflicts with the collective bargaining agreement

 

The most commonly committed ULPs concern management’s failure to bargain with the union concerning conditions of employment Under § 7103(a)(14), COE "means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise [e.g., by custom or practice], affecting working conditions, except that such term does not include policies, practices, and matters--(A) relating to political activities prohibited under subchapter III of chapter 73 of this title; (B) relating to the classification of any positions; or (C) to the extent such matters are specifically provided for by Federal statute." for bargaining unit employees. Examples of these types of violations include:

   

  • Changing a personnel policy or procedure without first notifying the union and giving it a chance to negotiate

  • Failing to give the union an opportunity to bargain on the impact and method of implementing a management change

  • Changing a well-established past practice without bargaining with the union

 

 

Other common ULP charges deal with management officials:

 

  • Refusing to allow union representatives at formal discussions or investigative meetings

  • Refusing to provide data to the union after receiving an information request

 

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