Transcript
[The Congressional Accountability Act: Labor-Management Rights]
Christopher: A labor organization, uh, sometimes referred to as a union, is a group composed in whole or in part of employees. Um, the organization’s primary purpose is dealing with an employing office concerning grievances and conditions of employment.
Rosario: The decision to have a labor organization represent employees with management is made in a secret ballot election among the affected employees, also known as the bargaining unit.
Emmett: The Congressional Accountability Act applies certain provisions of the Federal Service Labor Management Relations Statute to the legislative branch, and protects employees’ rights to form, join, or assist a labor organization for the purpose of collective bargaining without fear of penalty or reprisal.
Christopher: The rights of employees who choose not to join or participate in a labor organization are also protected. Uh, not all congressional employees are currently permitted to seek representation through a labor organization.
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Fiona: When I got my annual review, I was stunned. It was the first time in five years that it wasn’t a favorable review. I was worried that it was because I was leading an effort to start a union in my office. I approached my manager about it, and she told me she was concerned that my union organizing activities were affecting my productivity.
That’s just not true. First of all, my union activities happen outside of work hours. Plus, I just got a commendation two months ago for finishing a project earlier than expected.
Rosario: The CAA prohibits offices from making employment decisions that interfere with, restrain, or coerce any employee from exercising their rights or encouraging or discouraging membership in any labor organization.
Christopher: This means that employing offices cannot take actions against employees because they support or oppose a union. All employees are protected. You don’t have to be part of a union to be covered by this provision.
Emmett: If Fiona’s supervisor gave her an unfavorable review because she exercised her labor organizing rights, that action may constitute an unfair labor practice. Unfair labor practices, or ULPs, are practices contrary to labor management rights established by law.
Rosario: Unfair labor practices committed by employing offices prior to unionization generally consist of coercive or retaliatory actions against organizing employees. Labor organizations are also prohibited from engaging in ULPs. A major example being calls for striking, or work stoppages, which government employees aren’t allowed to do.
Christopher: The Office of Congressional Workplace Rights investigates unfair labor practices and prosecutes offices or labor organizations for engaging in them.
James: Our office became eligible to form a union and we all had to vote on it. People had a lot of different opinions. It was tense. I thought it was weird when my supervisor took me aside and warned me that a union would make things worse for the staff. Then he straight up asked me which way I was going to vote. It was pretty sketchy.
Turns out I wasn’t the only one being asked that. It was like management was always watching us when we were on break, like they were trying to figure out who was into the union idea.
Christopher: When it comes to communication about labor organizations between managers and employees, it’s important not to engage in behavior that may attempt to influence the outcome of an election, such as threats, um, interrogations, or promises.
Rosario: James’ supervisor may have committed an unfair labor practice by asking him which way he was going to vote. And his statement about things getting worse for staff could be interpreted as a threat.
Emmett: Employers are allowed to provide facts such as publicizing that an election is happening and encouraging employees to participate. Employers can also correct the record if someone has made a false or misleading statement, and they can inform employees about the government’s policies on labor organizations.
Narrator: The Congressional Accountability Act protects the rights of certain legislative branch employees to form, join, or assist a labor organization for the purpose of collective bargaining, without fear of penalty or reprisal. The rights of employees who choose not to join or participate in a labor organization are also protected.
Not all legislative branch employees are permitted to seek representation through a labor organization. Employers may not use threats, interrogation, or promises to influence the outcome of an election. Unionized employees in the legislative branch are prohibited by law from striking.
The Office of Workplace Rights works to help ensure that the legislative branch is free of discrimination and harassment, safety and health hazards, accessibility barriers, and employment and labor violations. If you have questions or concerns about labor-management relations, or any of your rights under the CAA, reach out to the Office of Congressional Workplace Rights.
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