National Weather Service United States Department of Commerce

Fast Facts

  • The current NWS-NWSEO Negotiated Agreement went into effect October 25, 2001 when George W. Bush was in the White House
  • Typically, collective bargaining agreements are renegotiated every three to four years
  • The current contract is 133 pages long, not including Memorandums of Understanding and other side agreements added since ratification
  • Among the issues covered in the current contract:
    • Rights of Management
    • Rights of the Union
    • Union Dues
    • Grievances, Arbitration and Discipline
    • Performance Appraisals
    • Promotions
    • Employee Training & Development
    • Leave
    • Work Schedules
    • Travel on business
    • Workplace Safety and Health
    • Government Housing
    • Drug Testing
    • Parking

How Collective Bargaining Works

The Law: The Federal Labor Relations Act of 1978 (FLRA) governs collective bargaining in the federal sector. The FLRA established collective bargaining rights for most federal employees and was designed to promote consistency in labor relations across the federal government.

With some important exceptions, the FLRA is modeled on the National Labor Relations Act, the law governing labor relations in the private sector. Unions in the private sector can bargain over wages, hours, benefits, and other working conditions. In the federal government, where Congress sets pay and benefits, employee unions focus mostly on things like scheduling, promotions, and other personnel matters that affect working conditions.

The Process: Over the course of negotiations, management and the union will meet for scheduled bargaining sessions and confer over proposals.

  • Prior to beginning negotiations, each party submits written proposals to the other. These proposals may contain new contract sections (known as articles) or propose changes to articles in the existing agreement.
  • Over the course of bargaining, each party can then either accept, reject or submit a counter proposal in response to the other side's proposals.
  • Negotiations continue until a Tentative Agreement on a new contract is reached.
  • Tentative agreements are voted on by the union's membership in a process known as ratification. If a majority of voting members vote "yes," the tentative agreement is ratified and becomes the new contract.

Bargaining Terms to Know

Bargaining Unit: A group of employees with a clear "community of interests" who are represented by a single labor union for collective bargaining and other dealings with management.

Collective Bargaining: Negotiations between an employer and a union which, in the federal sector, determine many personnel issues but not pay or benefits.

Collective Bargaining Agreement (CBA): Also known as a contract or negotiated agreement. The written document spells out the terms and conditions of employment as well as the rights and responsibilities of employer and employee. The contract has a start date and an expiration date, which can be extended by mutual agreement. A collective bargaining agreement is enforceable under the Federal Labor Relations Act

Dues: The money, either a flat fee or percentage of income, union members pay to their union. Although the union is obligated to represent all employees in the bargaining unit, Federal employees are not required to be a member of a union by paying dues or fees to the union.

Federal Labor Relations Authority (FLRA): The federal agency responsible for adjudicating disputes in collective bargaining, and resolving impasses that may arise when the parties are unable to agree on their respective proposals.

Federal Service Impasses Panel (FSIP): Resolves impasses between federal agencies and unions related to negotiations under the Federal Service Labor-Management Relations Statute and the Federal Employees Flexible and Compressed Work Schedules Act.

Good Faith Bargaining: Bargaining in good faith is characterized by: approaching negotiations with a sincere resolve to reach agreement, meeting at reasonable times and places, avoiding unnecessary delays, and furnishing upon request information necessary for negotiation.

Management Rights: Rights and Responsibilities reserved for management under the FLRA statute § 7106. These rights are not subject to negotiations, grievances, or arbitrations. Under the FLRA, an agency has the right to:

  • Determine the mission, budget, organization, number of employees, and internal security practices of the agency
  • Hire, assign, direct, layoff, and retain employees
  • Suspend, remove, reduce in grade or pay, or take other disciplinary action against employees
  • Assign work and make determinations about contracting out
  • Take whatever actions necessary to carry out the agency mission during emergencies

Proposal: Suggested contract language put forward during negotiations. In negotiating, each side develops proposals that would keep, change, add or delete articles of the contract. Proposals may be adopted, modified or rejected.

Ratification: The formal approval of a proposed contract by union members, often by secret ballot.

Tentative Agreement (TA): An agreement between the two bargaining teams on a specific contract article or, at the conclusion of bargaining, a new collective bargaining agreement. In the case of a new contract, the Tentative Agreement would not go into effect until the union membership votes to approve it.

Unfair Labor Practice (ULP): An activity that violates the Federal Service Labor-Management Relations Statute or rules under the Statute. An agency or union can be charged with an Unfair Labor Practice. The Federal Labor Relations Authority has authority to investigate ULP charges.