A printable version of the AFGE Council 214 Master Labor Agreement (MLA) can be found under the Agreements tab at the top of this page. A hard copy is available from any AFMC/AFGE Local union office or the AFGE Council 214 office.
Collective bargaining is the preferred, statutorily established, method for employees to participate in making the decisions that affect their working conditions. It is the most effective form of pre-decisional involvement that there can be. In collective bargaining there is an equal partnership between management and the employees, speaking through their union representatives, at least as to the matters the law requires be bargained.
Agencies have to bargain with unions over all matters affecting working conditions, with certain exceptions. The exceptions include: matters going to the heart of managing the enterprise, such as establishing the basic budget; matters already set by law or government-wide regulations; and classification matters.
It is important to remember, however, that AFGE represents its members on a whole range of subjects, such as GS pay increases, through lobbying. Thus, to say that an issue is outside the scope of bargaining does not mean the union can't effectively deal with it on behalf of its members.
Legally, all three of these acronyms mean the same thing.
- CBA = Collective Bargaining Agreement
- MOU = Memorandum of Understanding
- MOA = Memorandum of Agreeement
All three of these are written agreements, or written notes of mutual understandings, between management and the union speaking collectively on behalf of the employees.
Typically, however, collective bargaining agreement is used to describe the master contract, the document that covers a broad range of working conditions, and goes for two or three years without change. Then it is re-negotiated.
The so-called memos usually cover single, less-important, subjects. They don't have any expiration dates; that means they remain in effect until the parties agree otherwise.
No, employees do not have a right to representation during performance feedback sessions. This includes annual appraisals and mid-term performance reviews. Often employees want a union representative at these sessions, especially when they expect negative feedback. While it's an understandable desire, it is not an employee right.
Employees are entitled union representation in two types of meetings: investigatory interviews and formal discussions. An investigatory interview is any meeting where a management representative asks the employee questions. If the employee believes the line of questioning could possibly lead to discipline, he/she can demand a union representative be present. When you do this you are asserting your "Weingarten Rights". Management must arrange for representation, cancel the interview or proceed without the option of future discipline. The key is the employee must request representation before Weingarten kicks in. (You may read more about Weingarten Rights on the homepage of this website.)
A formal discussion is when management representatives gather one or more employees into a room to discuss conditions of employment. What makes such a meeting "formal" depends on various factors: was it announced in advance, is there an agenda, are there more than one management representatives in the room? The union has a right to be present for such meetings. No request by employee(s) is required.
In response to your inquiry about recourse options when a supervisor tells employees that going to the union is hazardous to their career advancement, the following is provided.
It is an Unfair Labor Practice for an Agency to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under Chapter 71 of Title 5 of the U.S. Code Sub Chapter II 7116 (a) (1)
It is also an Unfair Labor Practice under 7116 (a) (2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment.
And it is and Unfair Labor Practice under 7116 (a) (4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter.
So in a nutshell the supervisor who tells employees that going to the union will kill their career advancement is committing multiple violations of Federal law.
Moreover, the Master Labor Agreement, at Art. 3 Sec. 3.01 establishes that officials of the Employer are governed by all applicable laws, rules, and regulations. And, Sec, 3.04 contractually grants each bargaining unit employee the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right.
So in another nutshell, a supervisor who tells employees that going to the union will kill their career advancement is also violating the collective bargaining agreement between AFMC and AFGE Council 214.
So you would have 2 options to pursue recourse. An Unfair Labor Practice Charge could be filed through your local union or you could file a contractual grievance, but you can’t do both. I would advise you to contact your local for assistance in correcting this serious violation of your rights to participate in protected activity.
Memorandum of Agreement On Physical Fitness dated 14 Jan 2005
http://afgecouncil214.org/moa/4165/physical-fitness
Memorandum of Agreement Physical Fitness dated 17 Oct 2005
http://afgecouncil214.org/moa/4164/physical-fitness
Memorandum of Agreement On Civilian Physical Fitness and Wellness Activities dated 8 Feb 2006
http://afgecouncil214.org/moa/4163/physical-fitness-and-wellness-activities
Memorandum of Agreement Concerning Physical Fitness Activities and Compressed Work Schedules dated 6 June 2006
(This MOA supersedes MOA with same title dated 7 Nov 03)
http://afgecouncil214.org/moa/4130/physical-fitness-activities-and-compressed-work-schedules-cws
Memorandum of Agreement On Civilian Physical Fitness and Wellness Activities dated 30 Apr 2009
(This MOA contains FAQs at attachment 2)
http://afgecouncil214.org/moa/4129/physical-fitness-and-wellness-activities
Normally, fitness activities must take place on base. However, paragraph 3 of our 30 April 2009 MOA on Civilian Physical Fitness and Wellness Activities allows alternate arrangements for employees located off the installation. Get with your supervisor and see if you can find a mutually acceptable alternative. If needed, a union representative may assist.
APDP training requirements are documented on the Defense Acquisition University website:
http://icatalog.dau.mil/onlinecatalog/CareerLvl.aspx
Locate the icon for your career specialty and click the certification "level" button.
Your Agency supervision is responsible for prompt payment of overtime.
There is no rule against earning comp time and using leave in the same pay period. Similarly, you may use fitness hours (time code "LX") or administrative leave (time code "LN") in the same pay period as you earn comp time.
