Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
not bargaining unit members) of an act that the commander intends to take before implementation occurs:
1) Change to an employee’s condition of employment: Management must provide notice to the union of the proposed change and allow union representatives an opportunity to negotiate implementation of the change. Generally, these consist of environmental changes (ie. moving an office, parking space, soda machine) and administrative changes
(ie. implementing anew time and attendance policy.
2) Formal discussion: Management must provide notice to the union of the intended formal discussion and allow the union representatives) an opportunity to attend and participate. Formal discussion is defined as a discussion that is formalin nature between at least one agency representative and at least one bargaining unit employee concerning a grievance, practice, personnel policy, or other general condition of employment.
3) Investigative Inquiries: Whenever an investigation requires an investigating officer IO) to interview a civilian employee, civilian employees have aright to request union representation if the employee has a reasonable belief that the investigative inquiry by the agency could result in disciplinary action being taken against them. This is known as asserting “Weingarten Rights. An IO is not required to notify the civilian employee being interviewed of their Weingarten Rights prior to the questioning rather, so long as management has provided an annual notification to all civilian employees of their right to
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Labor-Management Relations
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assert Weingarten Rights, the duty has been met. Note Notification generally occurs when the servicing HR or LMER Specialist provides an annual email or posting.
Aside from these three statutory rights, management also has a duty to bargain in good faith. This duty is also required of federal labor unions when dealing with management.

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