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RightGuy45  
#21 Posted : Tuesday, April 18, 2017 1:47:48 PM(UTC)
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Are Union reps/stewards paid extra ?
skibum  
#22 Posted : Tuesday, April 18, 2017 6:48:36 PM(UTC)

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at my previous agency. union stewards and union personnel were agency employees paid by the agency, and worked half time for the union and half time for the agency. I my past experience with several agencies, unions are in tight with management and frequently are not representing the employees best interest. I have seen cases where the union helped to some degree but other cases where they did not do their job and employees lost their cases. Many don't trust the union folks.
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RightGuy45 on 4/18/2017(UTC)
CCADer  
#23 Posted : Friday, April 21, 2017 9:04:41 AM(UTC)
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I have, in the recent past, had a supervisor that probably fit the description by the original post. She thrived on creating hostility and in-fighting within our Division. Multiple personnel filed grievances.
I tried the moral high road as described before by not involving the union or upper management (using the chain of command of course), sat down with her one on one, gave her my observations and recommendations to heal some of the wounds caused. However, this then turned her on me, and I became the new target in the Division. I have never worked for a more vindictive person in my life. Fortunately for me, I knew how to protect myself and demonstrate where the real problem existed. Over time, with continued complaints, they proposed to move her to another Division (to do more of the same I am sure), but she saw the writing on the wall and opted to retire instead.
As other stated, document dates, times, and all pertinent information. Back it up (I made CD copies) and be prepared.

Now about AFGE....in my opinion, through experience. You're wasting your time. Most of them are in low level positions (stewards) and don't have the technical or regulatory capability to argue out of a wet paper bag.
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RightGuy45 on 4/22/2017(UTC)
RightGuy45  
#24 Posted : Monday, April 24, 2017 11:34:34 AM(UTC)
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Can an employee hire someone else like a lawyer to fight their grievance instead of a Union Rep?
TheRealOrange  
#25 Posted : Wednesday, April 26, 2017 3:41:18 AM(UTC)
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Originally Posted by: RightGuy45 Go to Quoted Post
Can an employee hire someone else like a lawyer to fight their grievance instead of a Union Rep?

Each case should be reviewed in accordance with the applicable collective bargaining agreement. It's been quite a while since I have done any work in this area, but as a general rule there are limitations that may be placed on one's right to counsel in the context of federal labor relations. Unions are given quite a bit of discretion in handling grievance procedures, and that discretion includes the right to limit the role of outside attorneys in the grievance process. That said, employees are always entitled to seek the advice of an independently retained counsel, i.e., consult with an attorney. That, however, does not mean the private attorney will be able to participate in the grievance procedures. On a separate but somewhat related topic, I have seen some bad information on this site about the obligations of a union to represent a bargaining unit employee who is not a dues-paying member.

In the federal sector, all members of a bargaining unit are represented by the union, without regard as to whether they pay dues. This is a legal requirement and there is no choice for the union. If you don't pay union dues, the union can prevent you from attending union meetings and other types of union functions, but it can't refuse to provide you with representation if you have no option except for the union negotiated process. That includes representation in disciplinary and adverse actions, negotiations, Weingarten meetings, etc. That is the general rule, and some situations are more complicated. It is known as the “duty of fair representation.” In the federal sector, the obligation was incorporated into federal law; Title 5 USC 7114(a). The most common type of breach involves allegations that a union did not provide representation in a grievance because the employee was not a dues-paying member. That has been held by the FLRA and courts to be an unfair labor practice.

There are times when a union may discriminate on the basis of membership, and the duty of fair representation applies only when the the union has exclusive representational authority over a dispute. So, in an instance where the union is not the exclusive representative because non-members have the ability by law or contract to file a lawsuit on their own, there is no obligation for the union to represent a non-member. And, the FLRA has held a union may lawfully treat employees differently based on whether they pay union dues in situations where employees are allowed by the collective bargaining agreement to select a representative other than the union. Another example would be in adverse actions, where the union does not have exclusive control over the appeal process; i.e., the employee may independently appeal to the MSPB.

As stated early on, each situation needs to be carefully analyzed in accordance with the applicable collective bargaining agreement to determine if private representation is allowed. As with many things in the law, the answer is "it depends."

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RightGuy45 on 5/21/2017(UTC)
FedCivServ  
#26 Posted : Thursday, May 18, 2017 10:19:42 AM(UTC)

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This conversation is why (some of) the public thinks all USG employees are slugs. for OP, If you file a grievance, it needs to be about something that she DID... not something she might do. Honestly she might never have dealt with the union before and doesn't know that they are protected from mgmt. "harassment". Her reaction seems to indicate that she is willing to learn from her mistakes. someone needs to train her so she knows what her responsibilities are. Having everyone part & parcel file grievances does not help the situation. All the energy that is being diverted... by both employees & management... takes away from mission accomplishment bottom line. Let's remember what we are all here to do...
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