Background

The Federal Service Labor-Management Relations Statute, which is found in Title VII of the Civil Service Reform Act of 1978, governs the relationships among many federal agency employees, labor unions, and employing agencies. The Statute tasks the Federal Labor Relations Authority (FLRA) with administering the law.

The Statute guarantees many federal employees the right to join and organize labor unions. It also requires federal employers and the unions that are selected to be the exclusive bargaining representatives for employees to negotiate in good faith. These negotiations are to lead to a collective bargaining agreement, which sets forth the rights and duties of the employees, management, and the labor union.

Unfair Labor Practices

The Statute sets forth a number of activities on the part of labor unions or federal agencies that constitute "unfair labor practices." These practices include failing to negotiate in good faith, failing to comply with an order issued by the FLRA, and interfering with employees' statutory rights. The Statute protects employees from unfair labor practices by allowing labor unions, employers, or employees to file charges with the FLRA alleging that an unfair labor practice is occurring or has occurred.

Filing an Unfair Labor Practices Charge

A party concerned that an unfair labor practice has occurred may file a charge with the nearest of seven regional FLRA offices throughout the country. The charge must include specific allegations relating to the alleged unlawful conduct. It must also include any supporting documents or evidence that the charging party wishes to present. Upon receiving a charge of an unfair labor practice, the appropriate regional office of the FLRA investigates the allegations. After the investigation, the regional office director may choose to file a complaint against the alleged offender or he or she may dismiss the charge. If certain requirements are met, a party may appeal a charge dismissal to the General Counsel of the FLRA.

FLRA Complaint Resolution

If the FLRA chooses to file a complaint against the alleged offender, an administrative law judge usually hears the case and issues a decision. If the administrative law judge determines that an unfair labor practice has occurred, he or she will order relief, which could include monetary damages or injunctive relief . At any time in the process, the FLRA General Counsel and the alleged offender may reach a settlement. In such a case, the parties will ask the administrative law judge to dismiss the case.

Parties who are harmed by the administrative law judge's decision may choose to file an appeal to that decision within 25 days. If a party is not satisfied with the FLRA's final decision, the case may be appealed to a federal circuit court of appeals. Employees do not have a right under the Statute to file an original action with a federal district court.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.