IAFF LEGISLATIVE FACT SHEET

OFFICIAL TIME FOR UNION REPRESENTATION

The IAFF strongly opposes H.R. 122, the Federal Employee Accountability Act of 2011.

BACKGROUND

Current law allows federal employees who serve as union representatives a reasonable amount of official time to perform functions on behalf of the union. Official time is granted without charge to leave or loss of pay and is authorized only when the employee would otherwise be in a duty status. Official time is typically used for negotiating collective bargaining agreements, investigating and filing grievances on behalf of federal employees, and representing federal employees in discrimination cases. Official time cannot be granted for internal union business.

Official time helps federal union representatives balance their responsibilities to both union and non-union employees. By law, federal employee unions must provide representation to all employees in their collective bargaining units for basic services, regardless of whether they are union members or not, and the union cannot charge any fees for the services performed. In exchange for these added burdens required by law, Congress permitted federal employee unions to negotiate for official time when engaged in collective bargaining negotiations and for other duties before the Federal Labor Relations Authority.

Official time is an important tool in making the federal government more efficient and effective. It allows union representatives and federal managers to resolve workplace disputes without entering into costly litigation or lengthy formal grievance procedures. Official time also gives agencies and their employees a meaningful way to utilize employee input when addressing the challenges of the agency.

Some lawmakers are attacking the use of official time, arguing that it is a waste of federal taxpayer dollars. These criticisms come largely from anti-union legislators who oppose collective bargaining rights for federal unions. The loss of official time would lead not only to a loss of rights for federal workers and unions, but also to great inefficiency in the federal government.

CURRENT LEGISLATION

U.S. House:          H.R. 122, Federal Employee Accountability Act of 2011
                            Sponsor:     Representative Phil Gingrey (R-GA)

Summary:            H.R. 122 would repeal the use of official time for federal employees when negotiating
                            collective bargaining agreements and could restrict official time for other purposes.

CONGRESSIONAL ACTION

On January 5, 2011, H.R. 122 was introduced in the House of Representatives and referred to the Committee on Oversight and Government Reform.

On March 31, 2011, the House of Representatives voted against an amendment that would have barred FAA employees from using official time for union activities. The amendment failed to pass by a vote of 195-227. Representative Phil Gingrey (R-GA) introduced the amendment to the FAA Air Transportation Modernization and Safety Improvement Act (H.R. 568).