Civil Service FAQ Federal Labor Relations and Unions 2 — Questions and Answers
Question 1: Which of the following is an unfair labor practice (ULP) by a federal agency under the FSLMRS?
- Refusing to bargain collectively in good faith with the exclusive representative (Correct answer)
- Denying an individual employee's request for a personal schedule change
- Requiring employees to meet documented performance standards
- Assigning employees to positions based on competitive examination results
Correct answer: Refusing to bargain collectively in good faith with the exclusive representative
Refusing to bargain in good faith with the certified exclusive representative is explicitly prohibited as an unfair labor practice under 5 U.S.C. § 7116, as it undermines the collective bargaining process.
Question 2: An employee who believes they were disciplined because of their union activity should file a charge with the:
- Federal Labor Relations Authority (FLRA) (Correct answer)
- Equal Employment Opportunity Commission (EEOC)
- Merit Systems Protection Board (MSPB)
- Office of Inspector General (OIG)
Correct answer: Federal Labor Relations Authority (FLRA)
Retaliation against an employee for union activity is an unfair labor practice, and ULP charges are filed with and investigated by the Federal Labor Relations Authority.
Question 3: Under most federal collective bargaining agreements, a "grievance" covers:
- Any matter involving the interpretation or application of the agreement or applicable law or regulation (Correct answer)
- Only formal disciplinary actions such as removals and suspensions of more than 14 days
- Pay disputes that must first be submitted to the Office of Personnel Management
- Any personal conflict between an employee and a supervisor, regardless of its basis
Correct answer: Any matter involving the interpretation or application of the agreement or applicable law or regulation
Negotiated grievance procedures in the federal sector are broadly defined to cover matters involving the interpretation or application of the collective bargaining agreement, law, or regulation affecting conditions of employment.
Question 4: What is the typical final step in a federal negotiated grievance procedure?
- Binding arbitration before a neutral third-party arbitrator (Correct answer)
- A final written decision by the agency head
- Review and decision by the Office of Personnel Management
- A formal hearing before the Merit Systems Protection Board
Correct answer: Binding arbitration before a neutral third-party arbitrator
Negotiated grievance procedures in the federal sector culminate in binding arbitration, where a neutral arbitrator issues a final and binding decision on the dispute.
Question 5: Which labor organization is the largest union representing federal civilian employees in the United States?
- American Federation of Government Employees (AFGE) (Correct answer)
- National Treasury Employees Union (NTEU)
- American Federation of State, County and Municipal Employees (AFSCME)
- National Federation of Federal Employees (NFFE)
Correct answer: American Federation of Government Employees (AFGE)
The American Federation of Government Employees (AFGE) is the largest federal employee union, representing approximately 700,000 federal and District of Columbia government workers.
Question 6: When an employee has both a negotiated grievance procedure and a statutory appeals procedure available for the same matter, they must:
- Elect to use one procedure or the other, but not both simultaneously (Correct answer)
- File under both procedures at the same time to preserve all rights
- First exhaust the negotiated procedure before using the statutory procedure
- Use only the statutory appeals procedure, as it supersedes negotiated procedures
Correct answer: Elect to use one procedure or the other, but not both simultaneously
Federal law requires employees to make an election of remedies — they must choose either the negotiated grievance procedure or the applicable statutory appeals procedure for the same matter and cannot pursue both simultaneously.
Question 7: Under federal labor law, a union has a duty of fair representation that requires it to represent all bargaining unit employees:
- Without regard to union membership status and without discrimination (Correct answer)
- Only those employees who are current dues-paying union members
- On a priority basis based on seniority and years of federal service
- Only in cases involving removal or suspensions exceeding 14 days
Correct answer: Without regard to union membership status and without discrimination
The duty of fair representation obligates the exclusive representative to represent all employees in the bargaining unit fairly and without discrimination, regardless of whether they are union members or pay dues.
Civil Service FAQ Federal Labor Relations and Unions 2
Which of the following is an unfair labor practice (ULP) by a federal agency under the FSLMRS?