New OPM Labor Relations Guidance Aims to Eliminate Organizing Barriers
The Office of Personnel Management (OPM) recently published a trio of memos aimed at helping labor unions communicate with federal employees, collect union dues, and organize new workplaces in government. The guidance is pursuant to President Joe Biden's executive order (E.O. 14025) aimed to identify new and existing federal government policies to encourage unionization and to emphasize the federal government's role to act as a model employer for the private sector.
Director Kiran Ahuja noted that the guidance aims to eliminate barriers to federal union organizing. There are 2,000 bargaining units representing more than half of non-postal, civilian employees in the Executive Branch. However, only a third of the 1.25 million employees are dues paying members. The discrepancy between dues paying members and actual representation inhibits federal unions ability to give equitable representation to all bargaining unit members, regardless of whether they pay dues.
“By removing barriers that impede unions’ ability to organize, represent bargaining unit employees, and inform civil servants about their collective bargaining rights, the federal government is serving as a model employer for others to see how strong labor rights and a productive workforce go hand-in-hand,” Director Ahuja wrote in response to the guidance, “Increasing worker organizing gives these workers a seat at the table to demand fair pay and safe working conditions.”
Communication
The first memo requites agencies to allow unions to post information about their organization and contact information for union representatives on office bulletin boards, public websites, or employee-only intranets. OPM also directs agencies to share a list of bargaining unit employees and their work email addresses with union officials. And if they have not already, agencies are advised to invite unions to participate in the orientation process for bargaining unit employees.
The agencies should also revise policies that prohibit bargaining union representatives or unit employees from recruiting or distributing union literature during nonworking hours The memo also directs agencies to permit local union officials to communicate with bargaining unit employees via their work email addresses when they are not on duty.
Union Dues
In the second memo, OPM encourages agencies to process payroll deductions properly and promptly to and from labor organizations.
The guidance also requires that agencies provide employees with the appropriate forms that allow them to request or cancel payroll deductions for labor union dues and notify bargaining unit employees of where they can access such information.
Collective Bargaining
The final memo instructs managers and supervisors to maintain neutrality during union organizing campaigns. The Federal Labor Relations Authority (FLRA) regulations state that supervisors, managers, and agency officials may disproportionately impact employees and may interfere with their free choice of representatives.
Before responding to questions from employees about union elections, OPM strongly encourages agency supervisors and managers to consult with labor relations personnel or legal counsel.
American Federation of Government Employees (AFGE) National President Everett Kelley applauded the Biden Administration's efforts to encourage federal employees to organize.
“By simply declaring that it will remain neutral on union organizing campaigns, will inform employees of their rights, and will process payroll dues deduction requests by employees in a timely manner, the White House is sending a powerful message to employers everywhere that efforts to interfere with union elections and workers’ union rights should not be tolerated.” Kelley stated.
The new guidance supplements directives released last October to eliminate obstacles employees and applicants face in unionizing and to improve communications with federal bargaining unit employees. According to Director Ahuja, the policies supported union recognition and bargaining unit status in all job announcements, enabled unions to engage with new hires during the onboarding process, and encouraged all federal employees to engage with their unions.
