| Title VII of the Civil Service Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute (Statute), guarantees many employees of most federal executive agencies the right to form and join labor unions. This right, which was initially granted to federal employees through an executive order in 1962, is somewhat similar to the rights granted to private-sector employees under the National Labor Relations Act of 1935 (NLRA). Many important differences, however, exist. This article highlights several of the important differences between the two laws.
Scope of the Collective Bargaining Process
One important difference between the two laws is the scope of the authorized collective bargaining process. While private-sector employees are entitled to collectively bargain through a representative of their choosing with respect to wages, hours, benefits, and other working conditions, federal employees can collectively bargain with respect to personnel practices only. Thus, federal employees may not negotiate the following working conditions through their exclusive bargaining representative:
- Wages;
- Hours;
- Employee benefits; or
- Classifications of Jobs.
While forming the heart of many labor-management negotiations in the private sector, these working conditions are all governed by federal statute and fall outside of the scope of the federal collective bargaining process.
Right to Strike
Although the NLRA allows private sector employees to engage in "concerted action," like workplace strikes, the Statute does not grant this right to federal employees. In fact, the Statute specifically excludes from the definition of "employee" those persons who engage in a workplace strike. It specifies that it is an unfair labor practice for labor unions to call or participate in a strike or a work stoppage that interferes with the operation of a federal agency.
Right to Picket
Because it is an unfair labor practice for labor unions to call or participate in picketing that interferes with the operation of a federal agency, employee picketing under the Statute may consist of "informational" picketing only. Under the NLRA, appropriate picketing is a right guaranteed to private sector employees. Picketing allowed by the Statute must not disrupt the operations of the agency. It also may not occur while the employees are on duty.
"Union Shop" Contract Provisions
Although federal law prohibits private sector employers from conducting a "closed shop," which means that they only hire union members, it does not prohibit them from conducting a "union shop." A union shop exists where employers require their employees to join a union as a condition of their employment. Although some states forbid this practice in the private sector, the NLRA does not.
The Statute, on the other hand, forbids federal agencies from requiring their employees to join a union. Under the Statute, federal agencies must respect their employees' decisions not to join or support a labor union or organization. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |