Key Terms and Definitions
Right to Form, Join, or Assist a Labor Organization: This right includes acting for a labor organization in the capacity of a representative and presenting the views of the labor organization to the heads of agencies and other officials of the Executive Branch, the Congress, or other appropriate authorities. It also includes the right to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.
Election (to Determine Labor Representation): To request an election, a labor organization must file a petition with the Office of Compliance showing the support of at least 30% of the employees of an appropriate bargaining unit. Any other labor organization may be placed on the ballot if it can show the support of at least 10% of employees in the same bargaining unit. Labor organizations that already represent the bargaining unit may also be included on the ballot by showing a valid or recently expired collective bargaining agreement with the unit.
Rights and Responsibilities of an Employing Office: Upon the certification of a labor organization as the exclusive bargaining representative, an employing office is under an obligation to recognize the labor organization as the bargaining agent of its employees. At the request of the labor organization, the employing office must meet and negotiate in good faith for the purpose of collective bargaining.
Rights and Responsibilities of a Labor Organization: As the exclusive representative of employees, a labor organization has both the right and the obligation to negotiate in good faith with an employing office over conditions of employment. A labor organization is responsible for representing the interests of all employees in the unit it represents without regard to labor organization membership.
Collective Bargaining: Collective bargaining is the performance of the mutual obligation of the representative of the employing office and the exclusive representative of the employees of a bargaining unit to meet at reasonable times and to consult and bargain in a good faith effort to reach an agreement with respect to the conditions of employment affecting such employees.
Unfair Labor Practices: The law restricts both employing offices and labor organizations from certain practices. Examples of unfair labor practices by employers include threats of reprisal; making threatening statements to discourage the filing of a representation petition; or refusing to consult or negotiate in good faith with a labor organization. Unfair labor practices by labor organizations include discriminating against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, or age; or refusing to consult or negotiate in good faith with an employing office as required.
Unfair Labor Practice Charges: Either an employing office, a labor organization, or an individual may file an unfair labor practice charge with the General Counsel of the Office of Compliance. The charge must be filed within six months of the occurrence. If an investigation shows that the charge has evidence to support it, a complaint will be filed and prosecuted before an independent Hearing Officer with the Office of Compliance.
