What Is a formal meeting or discussion?

A formal meeting or discussion takes place between an agency representative(s) and a bargaining unit employee(s) concerning any grievance or any personnel policy or practice or other condition of employment that affects bargaining unit employees. The PASS representative has a right to attend and participate in all formal meetings and discussions.

Elements of formal meetings or discussions

• Participants include one or more representatives of the agency and one or more bargaining unit employees.
• Subject matters include grievances, any personnel policies or practices, or other conditions of employment.
• Adequate notice must be provided to PASS along with the right to designate a representative.

Prior to and during a formal meeting or discussion, PASS can:

• Ask what meeting is about.
• Clarify matters being discussed.
• Represent the interest of employees.
• Engage in discussions and ask questions.

PASS cannot:

• Unreasonably delay.
• Insist on more than one PASS representative.
• Demand other topics be discussed.
• Disrupt the meeting.

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A grievance is defined as any complaint:

1. by an employee concerning any matter relating to the employment of the employee;
2. by the union concerning any matter relating to the employment of any unit employee; or
3. by a unit employee or either Party concerning:

1. the effect or interpretation, or claim of breach of this collective bargaining Agreement;
2. and/or any agreement reached under Article 70 herein; or
3. any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment as provided in the Civil Service Reform Act of 1978 or the parties' agreement; or
4. any claimed violation of a past practice.

The grievance procedure is the agreed upon, multi-step process to be followed by employees, the agency and the union for resolving workplace differences or conflicts. This procedure is found in Article 5 of the collective bargaining agreement.

Filing Grievances

Except for grievances regarding discipline, grievances must be filed with the front-line manager on FAA Form 3770-2 or an electronic equivalent. Grievances regarding discipline are filed with the appropriate Step 2 agency official. A grievance may be filed by a bargaining unit employee or PASS. A grievance must be filed within 20 days of the event giving rise to the grievance or within 20 days of the time the employee or union may have been expected to have learned of the event. 

Blank grievance form

Elevating Grievances

Step 1: A grievance over anything other than discipline is submitted in writing to the appropriate front-line manager. The Step 1 agency official will respond to grievance in writing within 20 calendar days.

Step 2: If the employee or PASS is not satisfied with the Step 1 decision, the grievance may be submitted to the appropriate Step 2 agency official within 20 calendar days following receipt of the decision or the date the decision was due if no decision was given. The Step 2 agency official will respond to the grievance in writing within 20 calendar days. Grievances concerning disciplinary action begin at Step 2.

Step 3: If the employee or PASS is not satisfied with the Step 2 decision, the appropriate union official may advise the manager of the regional labor relations branch of its request that the matter be reviewed by the appropriate Step 3 agency official. This must be done within 30 days following receipt of the decision or the date the decision was due if no decision was given. The Step 3 agency official will respond to the grievance in writing within 20 calendar days. Alternatively, the union may request that the matter be reviewed during the Step 3 Grievance Resolution Meeting, also known as a quarterly meeting.

Step 4: If PASS is not satisfied with the Step 3 decision, the union may, at a national level, notify the director of the Office of Labor and Employee Relations that it requests the matter be submitted to arbitration. This must be done within 30 days following receipt of the decision or the date the decision was due if no decision was given.

Reference: PASS/FAA CBAs: Article 5

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'Official time' allows a union representation to perform representational duties while in duty status.

Official time basics (Refer to Article 3 of the CBA for specifics regarding official time):

• PASS representatives can be released on official time for valid representational duties, including handling grievances, investigations whether a grievance should be filed, consulting with higher level union representatives over representational matters, negotiating collective bargaining agreements and attending representational training.
• Union representatives on official time will not leave their assigned work areas and/or assigned tasks to conduct representational activities without obtaining prior approval from their immediate supervisor.
• Official time must be recorded in the proper category in the agency's automated official time tracking system.
• Forty (40) hours of official time is granted for new union representatives to attend PASS rep training.
• Union representatives receive their full pay, but not premium pay, while on official time.

What Is NOT covered by official time:

Any activities performed by an employee relating to the internal business of PASS, including recruiting members, elections of PASS officials and collection of dues, must be performed in a non-duty status.

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PASS has a right to request information from the agency that is:

• Normally maintained by the agency in the regular course of business.
• Reasonably available and necessary for full and proper discussion, understanding and negation of collective bargaining subjects.
• Not guidance, advice, counsel or training provided for agency officials or supervisors related to collective bargaining.

Elements of RFIs

To be considered a valid request for information, the RFI must contain the following:

• Particularized need: Specific statement explaining exactly why the union needs the requested information and how the information will be used.
• Description of information requested.
• Date of the information request.
• Name of the requesting union.
• Name, position, mailing address and phone number of the union contact.
• Name, position, mailing address and/or phone number of the agency representative to whom the request is being made.

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An unfair labor practice (ULP) is a violation of a right protected by the Federal Service Labor-Management Relations Statute. The ULP procedures provided by the Statute help protect the parties in the exercise of their rights. If the agency fails to perform its obligations under the statute, a ULP may be filed with the Federal Labor Relations Authority (FLRA) using FLRA Form 22. The statute of limitations on filing a ULP is six months.

ULPs against FAA

ULPs filed against the agency are usually a result of a violation of Chapter 71, including:

• Interfering with, restraining or coercing any employee from seeking union representation.
• Encouraging or discouraging membership in any labor organization through discrimination in hiring, tenure, promotion or other condition of employment.
• Sponsoring, controlling or otherwise assisting any labor organization.
• Disciplining or otherwise discriminating against an employee because the employee has filed a complaint, affidavit, petition or given testimony.
• Refusing to consult or negotiate in good faith with a labor organization.
• Failing or refusing to cooperate in impasse procedures and decisions.

PASS representatives may call the nearest FLRA regional office for assistance.

Reference: 5 USC 7116 (a)

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In 1975, the U.S. Supreme Court upheld a National Labor Relations Board decision that employees have a right to union representation during investigatory interviews, which became known as the Weingarten rights. These rights are expanded on in Article 4 of the collective bargaining agreement (CBA). As a result of the decision and the CBA, the following rules apply:

Rule 1: When it is known that the meeting could result in a disciplinary situation, the agency must notify the employee of the subject matter of the meeting in advance. The agency must inform the employee of his/her right to be accompanied by a union representative.

Rule 2: The employee must make a clear request for union representation before or during the interview and cannot be punished for making this request.

Rule 3: After the employee makes the request, the employer has three options:

1. Grant the request and delay questioning until the union representative arrives and has a chance to meet with employee;
2. Deny the request and end the interview; or
3. Give the employee the choice to have the interview without representation or end the interview.

Rule 4: The employer commits an unfair labor practice if it continues to ask questions after denying union representation.

Situations where Weingarten rights may be exercised: 

• When the agency asks the employee questions and the answers could result in discipline.
• If employee has a reasonable expectation that discipline may result.
• If the purpose of the meeting is to investigate an employee's allegedly inadequate work performance or misconduct.
• If the employee is required to explain or defend conduct in a situation.

At a Weingarten meeting, a PASS representative has the right to:

• Consult privately with the employee before the meeting.
• Speak and be proactive during the interview, as long as doing so does not interfere with or disrupt the meeting.
• Advise and counsel the employee.
• Provide additional information to the agency after the meeting.
• Take notes on the employee's behalf as a witness.

Best practices and reminders:

Under our CBA, employees shall be notified of their right to have a rep and the employer cannot discipline employees for asking for representation. Be sure to review Article 4 of our CBA for additional information.

References: 5 USC 7113 (a)(2)(B); PASS/FAA CBAs: Article 4, Section 3

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