ULP Type

Citation

Agency Unlawful Interference (5 U.S.C. § 7116 (a)(1))

Interference Found

Prohibiting employees from distributing union literature in non-work areas during non-work time.

Gen. Servs. Admin., 27 F.L.R.A. 643, 645 (1987).

Prohibiting employees from publicizing union matters affecting employees' terms and COE.

Dep't of Air Force 3rd Combat Support Group, Clark Air Base, Republic of the Phil., 29 F.L.R.A. 1044 (1987).

Preventing an employee from showing a union film soliciting union membership during non-work time in a non-work area.

Dep't of Commerce, Bureau of Census, 26 F.L.R.A. 719, 728 (1987).

Prohibiting the union from engaging in fund-raising activities during non-work time in a non-work area.

U.S. Dep't of Treasury, IRS, Ogden Serv. Ctr., 42 F.L.R.A. 1034, 1050 (1991).

Grieving the union's decision to send letters to members of Congress and the President about a unit employee's directed reassignment.

Overseas Fed'n of Teachers and Dep't of Def. Dependents Schs., Mediterranean Region, 21 F.L.R.A. 757, 759 (1986).

Maintaining a rule prohibiting the union representative from speaking with a newspaper reporter about possible staff reductions.

Bureau of Prisons, Fed. Corr. Inst., Danbury, Conn., 17 F.L.R.A. 696, 697 (1985).

Banning employees from wearing union insignia at work unless wearing union insignia disrupts agency operations.

Army & Air Force Exch. Serv., Fort Drum Exch., Fort Drum, N.Y., 41 F.L.R.A. 85, 87 (1991).

Expressing personal views about the union containing expressions made under coercive conditions (when the FLRA is not conducting an election).

Oklahoma City Air Logistics Ctr. (ALFC), Tinker AFB, Okla., 6 F.L.R.A. 159 (1981) (adopting administrative law judge's (ALJ) reasoning and decision).

Expressing personal views about the union (when the FLRA is conducting an election) except for publicizing and encouraging employees to vote in the election, correcting false statements, and providing information on labor relations policy.

Oklahoma City Air Logistics Ctr. (ALFC), Tinker AFB, Okla., 6 F.L.R.A. 159 (1981) (adopting ALJ's reasoning and decision).

Threatening to terminate a summer intern's employment because the intern pursued a grievance.

Fed. Election Comm'n, 6 F.L.R.A. 327, 338 (1981).

Threatening to change an employee's evaluation if she pursued her grievance.

Dep't of Treasury, Bureau of Alcohol, Tobacco & Firearms, Chi., Ill., 3 F.L.R.A. 723, 731 (1980) (adopting ALJ's decision).

Threatening a reduction-in-force (RIF) if the union continued to file grievances.

Army & Air Force Exch. Serv., Fort Carson, Colo., 6 F.L.R.A. 607, 613 (1981).

Referring to previously filed ULP charges as worthless and threatening repercussions for filing additional charges.

U.S. Naval Supply Ctr., San Diego, Cal., 21 F.L.R.A. 792, 806 (1986).

Orally reprimanding an employee for refusing a direct order to be silent when representing another employee in an investigatory interview.

FAA, St. Louis, Mo., 6 F.L.R.A. 678, 687 (1981).

Taking an action against a supervisor that has a chilling effect on employees exercising protected rights.

Dep't of Navy, Portsmouth Naval Shipyard, Portsmouth, N.H., 16 F.L.R.A. 93 (1984).

Denying an employee or the union the right to post union communications on agency bulletin boards or newspapers when the right is established by contract or past practice.

Dep't of Def. Dependents Sch., Mediterranean Region, Naples Am. High Sch., 21 F.L.R.A. 849, 850 (1986).

Prohibiting employees from soliciting union membership during non-work time in non-work areas.

Dep't of Commerce, Bureau of Census, 26 F.L.R.A. 719, 728 (1987).

Barring a non-employee union representative from entering agency premises for representational purposes when no special circumstances exist.

Penitentiary, Leavenworth, 55 F.L.R.A. 704, 713-14 (1999).

Agency issued letter to a union representing employees in disciplinary matters prohibiting the union from engaging in any communication with any bargaining unit employee outside the presence of agency counsel.

FLRA v. Michigan Army Nat'l Guard. 878 F.3d 171 (6th Cir. 2017).

Denying the union access to distribute information on the agency's outside public premises after granting similar access to others.

United States Department of the Air Force, Randolph AFB, San Antonio, Tex., 58 F.L.R.A. 14, 18-19 (2002).

No Interference Found

Enforcing strict uniform appearance in law enforcement agencies (prohibiting union insignia).

U.S. Dep't of Justice v. FLRA, 955 F.2d 998, 1004 (5th Cir. 1992).

Discussing official time in a mid-year performance appraisal.

Veterans Admin. Med. Ctr., Leavenworth, Kan., 31 F.L.R.A. 1161, 1170 (1988).

Denying the union and an employee the right to privileged communication because of management's need to know the informant's identity.

Dep't of Air Force Material Command, Warner Robins Air Logistics Ctr., Robins AFB, Ga., 66 F.L.R.A. 589 (2012).

Prohibiting the distribution of union literature amounting to flagrant misconduct (disparaging a manager using racial epithets and stereotyping).

Veterans Admin., Washington, D.C., 26 F.L.R.A. 114 (1987), aff'd, 878 F.2d 460 (D.C. Cir. 1989).

Agency Discrimination (5 U.S.C. § 7116(a)(2), (4)) 

Discriminatory Actions

Failing to promote employee engaged in protected activity.

Letterkenny Army Depot, 35 F.L.R.A. 113, 118 (1990).

Lowering the performance evaluation of an employee who was engaged in protected activity.

22nd Combat Support Group (SAC), March AFB, Cal., 27 F.L.R.A. 279 (1987).

Making statements to an employee linking official time usage to a lack of timeliness in accomplishing work (lowering performance appraisal).

U.S. Dep't of Agric., U.S. Forest Serv., Frenchburg Job Corps, Mariba, Ky., 49 F.L.R.A. 1020 (1994).

Disciplining an employee for engaging in protected activity.

U.S. Dep't of Commerce, Nat'l Oceanic & Atmospheric Admin., Coast & Geodetic Survey Aeronautical Charting Div., Wash., D.C., 54 F.L.R.A. 987 (1988).

Denying an employee's overseas extension request because the employee engaged in protected activity.

United States Forces Korea, Eighth U.S. Army, 11 F.L.R.A. 434 (1983).

Denying an employee's flight assignment because of his protected activity.

Dep't of Transp., FAA, 64 F.L.R.A. 365, 369-70 (2009).

Terminating probationary period employees for engaging in protected activity.

Indian Health Serv., Crow Hosp., Crow Agency, Mont., 57 F.L.R.A. 109, 114 (2001).

Reducing gain-sharing awards because employees engaged in union activities during work time.

Soc. Sec. Admin., Inland Empire Area, 46 F.L.R.A. 161, 176 (1992).

Forcing a union observer to sign a statement disavowing knowledge of agency conduct subject to a ULP charge under investigation and stating that union activities played no part in agency actions taken against the employee. 

Marine Corps Logistics Base, Barstow, Cal., 9 F.L.R.A. 1046, 1047-48 (1982).

Suspending an employee based on his participation in a ULP charge.

U.S. Dep't of Navy, Naval Air Station, Almeda, Cal., 38 F.L.R.A. 567, 569 (1990).

Mixed Motive Non-Discriminatory Actions

Taking an action against employee engaged in protected activity when the agency had a legitimate reason for taking the action.

Dep't of Air Force Material Command, Warner Robins Air Logistics Ctr., Robins AFB, Ga., 55 F.L.R.A. 1201, 1205 (2000).

Not selecting an employee for legitimate reasons when also considering the employee's protected activity.

Office of Program Operations, Field Operations, SSA San Francisco Region, 9 F.L.R.A. 73, 74-75 (1982).

Agency Control of Labor Organization (5 U.S.C. Section 7116(a)(3))

Failing to provide a union with equivalent status and the same services and facilities provided to the incumbent union.

United States Dep't of the Army, U.S. Air Def. Ctr. & Fort Bliss, Fort Bliss, Tex., 29 F.L.R.A. 362, 365 (1987).

Prohibiting an outside union from handing out literature on agency premises when the union has no other method of communicating with employees and while permitting other unions to do so.

Soc. Sec. Admin., 52 F.L.R.A. 1159, 1184-85 (1997).

Denying a rival union to the incumbent union access to agency premises without a general no-solicitation rule against outside organizations.

Soc. Sec. Admin., 55 F.L.R.A. 964, 967 (1999).

Agency Duty to Bargain in Good Faith (5 U.S.C. § 7116(a)(5))

Agencies must bargain COE, including the scope of the grievance procedure (term negotiations for a CBA). 

AFGE, Interdepartmental Local, AFL-CIO, 9 F.L.R.A. 744 (1982).

Agencies must bargain when the union requests mid-term negotiations (subjects not covered by the CBA).

U.S. Dep't of Interior, Wash. D.C., 56 F.L.R.A. 45, 50-51 (2000).

Agencies must bargain proposed changes in COE with limitations (see Scope of Bargaining).

Fed. Bur. Of Prisons, FCI, Bastrop, Tex., 55 F.L.R.A. 848 (1999).

Agencies must bargain negotiation ground rules with unions.

U.S. Dep't of Treasury, Customs Serv., Wash., D.C., 59 F.L.R.A. 703, 709 (2004).

Agencies cannot unilaterally set negotiation dates and delay negotiations without justification.

U.S. Geological Survey, Caribbean Dist. Ofc. San Juan, P.R., 53 F.L.R.A. 1006 (1997).

Scope of Bargaining

Agencies need not bargain matters contrary to government-wide rules and regulations. 

U.S. Dep't of the Army, Headquarters, Fort Carson, Colo., 48 F.L.R.A. 168, 206 (1993).

Agencies are not required to bargain matters contrary to agency rules and regulations that have a compelling need.

Dep't of Treasury, Bureau of Engraving & Printing, 29 F.L.R.A. 1436, 1441 (1987).

Agencies are not required to bargain their internal security practices when there is a reasonable connection between the security practices and the security of its operations.

U.S. Envtl. Prot. Agency, Wash. D.C., 38 F.L.R.A. 1328, 1332 (1991).

Agencies are not required to bargain the decision to exercise a management right, but the effects of the agencies' actions may be within the duty to bargain.

Pension Benefit Guar. Corp., 59 F.L.R.A. 48, 50 (2003).

Agencies must bargain concerning procedures when exercising a management right that involves a change in bargaining unit employees' working conditions (impact and implementation bargaining).

U.S. Dep't of Homeland Security, U.S. Customs & Border Prot., 64 F.L.R.A. 989 (2010).

Bargaining COE

Agencies must provide the union with notice and the opportunity to bargain concerning changes in COE when the change has an actual or reasonably foreseeable effect that is more than de minimis.

U.S. Army Corps of Eng'rs, Memphis Dist., Memphis, Tenn., 53 F.L.R.A. 79, 81 (1997). 

A memorandum that does not change the nature or type of employee duties, but adjusts or alters how employees perform their duties affects working conditions, but not conditions of employment and does not constitute a change requiring the agency to bargain. 

DHS, U.S. Customs and Border Prot., El Paso, 70 F.L.R.A. 501 (2018).

Changes in COE (More Than De Minimis)

Changing appointment schedules affecting employees' ability to complete other work.

Soc. Sec. Admin., Gilroy Branch Office, Gilroy, Cal., 53 F.L.R.A. 1358 (1998).

Changing work hours resulting in lost overtime opportunities.

U.S. Customs Serv., Sw. Region, El Paso, Tex., 44 F.L.R.A. 1128 (1992).

Implementing a program affecting future career and retirement plans that involves a benefit loss of $25,000.

U.S. Dep't of Air Force, Air Force Material Command, 54 F.L.R.A. 914 (1998).

Ordering an employee's relocation that negatively affects the employee's ability to perform duties.

U.S. Dep't of Air Force, Air Force Material Command, Space & Missile Sys. Ctr., Detachment 12, Kirkland AFB, N.M., 64 F.L.R.A. 166 (2009).

Adding tasks requiring additional training and more complex duties.

United States Dep't of Air Force, 355th MSG/CC, Davis-Monthan AFB, Ariz., 64 F.L.R.A. 85, 89 (2009).

Ending a practice of granting employees four hours of administrative leave to attend Employee Appreciation Day activities.

U.S. Dep't of Treasury, IRS, 62 F.L.R.A. 411 (2008).

Stopping rotational assignments resulting in employees' children losing access to Department of Defense Schools.

Gen. Servs. Admin., 62 F.L.R.A. 341 (2008).

Changing the number of remedial firearms training hours for employees from 80 hours to eight hours without implementing an equivalent training program.

AFGE, Nat'l Border Patrol Council v. FLRA, 446 F.3d 162 (D.C. Cir. 2006).

Reassigning employee to a different unit resulting in the employee's inability to earn pay differential and overtime.

United States Dep't of Veterans Affairs Med. Ctr., Leavenworth, Kan., 60 F.L.R.A. 315 (2004).

Reassigning and relocating employees resulting in less travel, less overtime, loss of a laptop computer, and other employees having less space and losing access to windows.

Pension Benefit Guar. Corp., 59 F.L.R.A. 48 (2003).

Requiring lead employees to perform shift supervisory duties that could affect the relative qualifications for promotion of all bargaining unit employees.

United States Dep't of Air Force, 913th Air Wing, Willow Grove Air Reserve Station, Willow Grove, Pa., 57 F.L.R.A. 852 (2002).

Relocating employee from one floor to another resulting in non-working computers, computer file access denials, and storage cabinet losses.

U.S. Dep't of Treasury, IRS, 56 F.L.R.A. 906 (2000).

Adopting a side-handle baton requiring a new training program with mandatory certification and refresher training resulting in possible discipline if employees did not successfully complete the training.

U.S. Dep't of Justice, INS, Wash., D.C., 55 F.L.R.A. 93 (1999).

Offering voluntary separation incentive pay (VSIP) to employees so the agency could offer the positions to interns.

United States Air Force Material Command, 54 F.L.R.A. 914 (1998).

Assigning supervisory duties to bargaining unit employees.

Soc. Sec. Admin., Malden Dist. Office, 54 F.L.R.A. 531 (1998).

Decreasing bargaining unit employees' adjudication time.

Soc. Sec. Admin., Gilroy Branch Office, Gilroy, Cal., 53 F.L.R.A. 1358 (1998).

Disallowing police officers to carry their weapons between home and work.

U.S. GSA, Nat'l Capitol Region, Fed. Prot. Serv. Div., Wash, D.C., 52 F.L.R.A. 563 (1996).

Changing the time frame for employees to improve performance and correct deficiencies from a reasonable opportunity to 30 to 90 days.

U.S. EEOC, Wash., D.C., 48 F.L.R.A. 306 (1993).

Changing an employee's tour of duty, affecting his ability to report to a second job.

Veterans Admin. Med. Ctr., Phoenix, Ariz., 47 F.L.R.A. 419 (1993).

Shutting down an organizational unit due to lack of work, potentially affecting the employees' COE. 

U.S. Dep't of Justice, INS, Border Patrol, Del Rio, Tex., 47 F.L.R.A. 225 (1993).

Changing the days of the week the employee is scheduled to work.

Veterans Admin. Med. Ctr., Prescott, Ariz., 46 F.L.R.A. 471 (1992).

Moving employee parking arrangements to off-site facilities.

Bureau of Engraving & Printing, 44 F.L.R.A. 575 (1992).

Changing flextime program requirements.

Air Force Accounting & Fin. Ctr., Denver, Colo., 42 F.L.R.A. 1196 (1991).

Stopping the practice of paying border patrol agents to have their vehicles cleaned twice a month and when undergoing maintenance.

U.S. Dep't of Justice, INS, Border Patrol, El Paso, Tex., 39 F.L.R.A. 1325 (1991).

Contracting out the employee assistance program (EAP) resulting in a changed process for employees seeking assistance.

Defense Logistics Agency, Def. Depot Tracy, Tracy, Cal., 39 F.L.R.A. 999 (1991).

Changing a break policy.

HHS, SSA, Baltimore, Md., 34 F.L.R.A. 765 (1990).

Implementing a reorganization that changed the way work was assigned.

HHS, SSA, Baltimore, Md., 41 F.L.R.A. 1309 (1991).

Changing employee job status from on-call to non-pay status.

Ogden Air Logistics Center, Hill AFB, Utah and Air Force Logistics Command, Wright-Patterson AFB, Ohio, 41 F.L.R.A. 690 (1991).

Reassigning employees to positions that could potentially affect their careers, promotional opportunities, and performance ratings.

HHS, Family Support Admin., 30 F.L.R.A. 346 (1987).

Permanently prohibiting inspectors from parking in a lot the agency used for inspecting vehicles.

U.S. Customs Serv., Wash. D.C., 29 F.L.R.A. 307 (1987).

Reassigning inspectors on a voluntary basis for 120-day details negatively affecting other inspectors' COE.

U.S. Customs Serv., Wash. D.C., 29 F.L.R.A. 307 (1987).

Relocating revenue offices for 60 days at site locations 12 to 16 miles from their permanent assignment and placing them on fixed tours of duty.

IRS, Wash., D.C., 27 F.L.R.A. 664 (1987).

Implementing a study potentially affecting employee performance.

HHS, SSA, 26 F.L.R.A. 344 (1987).

Installing equipment potentially creating health hazards for employees.

U.S. Dep't of Air Force, Air Force Logistics Ctr., Tinker AFB, Okla., 25 F.L.R.A. 914 (1987).

Changing clinical privileges of two doctors significantly affecting the procedures they could perform.

Veterans Admin. Med. Ctr., Muskogee, Okla., 25 F.L.R.A. 875 (1987).

Relocating employees to smaller work space with more noise.

Envtl. Prot. Agency, 25 F.L.R.A. 787 (1987).

Expanding the class of employees subject to driving record verification.

Army & Air Force Exch. Serv., 25 F.L.R.A. 740 (1987).

Implementing a moratorium on permanently promoting certain general schedule (GS) bargaining unit employees.

Air Force, Headquarters, Air Force Logistics Command, Wright-Patterson AFB, Ohio, 25 F.L.R.A. 541 (1987).

Relocating the nurses' breakroom to a location further away from the patient-care area.

Veterans Affairs W. Los Angeles Med. Ctr., Los Angeles, Cal., 24 F.L.R.A. 714 (1986).

Deciding to move reclassified employees into different award pools.

U.S. Dep't of Treasury, IRS, 66 F.L.R.A. 528, 530 (2012).

Denying computer access to agents assigned to administrative duties.

U.S. Dep't of Homeland Sec., U.S. Customs & Border Prot., El Paso, Tex., 67 F.L.R.A. 46, 49 (2012).

De Minimis Changes in COE 

Upholding the FLRA's longstanding application of the de minimis exception to the duty to bargain, as a matter of law.

American Fed. Of Gov't Emp., 25 F.4th 1 (D.C. Cir. 2022).

Reducing reserved parking spaces when there was enough alternate parking.

Soc. Sec. Admin., Gilroy Branch Office, Gilroy, Cal., 53 F.L.R.A. 1358 (1998).

Changing vessel boarding procedures with no effect on employees' COE.

U.S. Dep't of Homeland, Border & Transp. Sec. Directorate, Bureau of Customs & Border Prot., Wash., D.C., 59 F.L.R.A. 728 (2004).

Increasing workload with no new duties.

U.S. Dep't of Homeland, Border & Transp. Sec. Directorate, U.S. Customs & Border Prot., Border Patrol, Tucson Sector, Tucson, Ariz., 60 F.L.R.A. 169 (2004).

Changing the content and follow-up process for voluntary employment surveys.

U.S. Dep't of Treasury, IRS, 64 F.L.R.A. 972 (2010).

Revising provisions of an agency manual requiring revenue office to perform in-office duties on a rotational basis and to follow certain procedures before contacting a taxpayer.

National Treasury Employees Union, 64 F.L.R.A. 462 (2010).

Directing agents arresting aliens at a backlogged station to take the aliens to a nearby station for processing.

U.S. Dep't of Homeland, Border & Transp. Sec. Directorate, U.S. Customs & Border Prot., Border Patrol, Tucson Sector, Tucson, Ariz., 60 F.L.R.A. 169 (2004).

Implementing a new procedure where ALJs would receive un-marked-up files.

Soc. Sec. Admin., Office of Hearings & Appeals, Nashville, Tenn., 58 F.L.R.A. 363 (2003).

Temporarily moving an employee to another building.

U.S. GSA, Region 9, San Francisco, Cal., 52 F.L.R.A. 1107 (1997).

Stopping unit employees from giving recertification training to other unit employees.

Portsmouth Naval Shipyard, Portsmouth, N.H., 45 F.L.R.A. 574 (1992).

Changing the work assignment process using an alphabetical assignment system.

HHS, SSA, Baltimore, Md., 36 F.L.R.A. 655 (1990).

Reassigning an employee to her previous position after three months.

Dep't of HHS, SSA, 24 F.L.R.A. 403 (1986).

Bargaining to Impasse

Agencies must bargain with unions to impasse.

Space Sys. Div., 38 F.L.R.A. 1485, 1501-02 (1991).

Agencies must allow unions reasonable time to invoke the FSIP before implementing any proposal.

United States Dep't of Labor, 60 F.L.R.A. 68, 71 (2004).

Bad Faith Bargaining 

Failing to give the union proper notice of a proposed change in bargaining unit employees' COE and implementing the change without bargaining.

U.S. Dep't of Army, Lexington-Blue Grass Army Depot, Lexington, Ky., 38 F.L.R.A. 647, 661 (1990).

Seriously breaching a written agreement.

Dep't of Air Force, Warner Robbins Air Logistics Ctr., Robins AFB, Ga., 52 F.L.R.A. 225, 231 (1996).

Seriously breaching an oral agreement.

United States Dep't of Def. Language Inst., Foreign Language Ctr., Monterey, Cal., 64 F.L.R.A. 735, 746 (2010).

Agency Refusal to Cooperate in Impasse Procedures (5 U.S.C. § 7116(a)(6))

Agencies must not implement a change in COE when directed by the FSIP to maintain the status quo.

U.S. INS, Wash., D.C., 55 F.L.R.A. 69 (1999).

Agency must comply with FSIP procedures when implementing a change in COE.

U.S. INS, Wash., D.C., 55 F.L.R.A. 69 (1999).

Agency Regulations Conflicting with the CBA (5 U.S.C. § 7116(a)(7))

Agencies cannot rely on regulations issued after the parties' negotiated agreement.

Dep't of HHS, Health Care Fin. Admin., 39 F.L.R.A. 120, 132 (1991).

Agencies may rely on regulations issued after the parties' negotiated agreement when the parties agree.

U.S. Dep't of Def. Def. Mapping Agency, Hydrographic/Topographic Ctr., Wash., D.C., 42 F.L.R.A. 674, 676 (1991).

Failure or Refusal to Comply with FSLMRS Provisions (5 U.S.C. § 7116(a)(8))

Dealing Directly with Bargaining Unit Employees on COE

Negotiating directly with unit employees to put pressure on the union to take a certain course of action.

U.S. Customs Serv., 19 F.L.R.A. 1032, 1048 (1985).

Communicating directly with unit employees about grievances, disciplinary matters, and other matters related to the collective bargaining relationship.

U.S. Dep't of Justice, INS N.Y. Office of Asylum, Rosedale, N.Y., 55 F.L.R.A. 1032, 1038 (1999).

Delivering a disciplinary decision to a represented unit employee.

Dep't of Air Force, Sacramento Air Logistics Ctr., McClellan AFB, Cal., 35 F.L.R.A. 345 (1988).

Refusing to Give the Union Requested Information

Refusing to provide the union with requested data that is normally maintained by the agency in the regular course of business.

Office of Disability Adjudication & Review, Fort Smith, Ark.,  (FLRA Nov. 18, 2014).

Refusing to give the union requested information that is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of bargaining.

Dep't of HHS, SSA, 36 F.L.R.A. 943, 950 (1990).

Refusing to give the union requested data, including guidance, advice, counsel, or training provided for management officials, when the union can show a particularized need for the information. 

NLRB v. FLRA, 952 F.2d 523 (Fed. Cir. 1992).

Refusing to give the union requested information because of the time required to put the information together.

Dep't of Justice, INS, U.S. Border Patrol, El Paso, Tex., 40 F.L.R.A. 792, 804-05 (1991).

Refusing to give the union requested information because of the cost of getting the information.

U.S. Dep't of Air Force, Air Force Logistics Ctr, Sacramento Air Logistics Command, McClellan AFB, Cal., 37 F.L.R.A. 987, 993-94 (1990).

Refusing to create documents from electronic records to provide the union with requested information.

U.S. Dep't of Air Force, Air Force Logistics Ctr. Sacramento Air Logistics Command, McClellan AFB, Cal., 37 F.L.R.A. 987, 993-94 (1990).

Refusing to provide the union with requested Privacy Act information when the employee signs a release of information.

U.S. Dep't of Air Force, 56th Support Group, MacDill AFB, Fla., 51 F.L.R.A. 1144, 1150 (1996).

Refusing to provide the union with requested information not barred by the Privacy Act.

Dep't of Justice, Fed. Bureau of Prisons, Fed. Det. Ctr., Houston, Tex., 60 F.L.R.A. 91, 94 (2004).

Refusing to provide the union with requested information that does not result in a clearly unwarranted invasion of personal privacy.

Dep't of Justice, Fed. Bureau of Prisons, Fed. Det. Ctr., Houston, Tex., 60 F.L.R.A. 91, 94 (2004).

Failing to respond to the union's information request in a timely manner.

U.S. Dep't of Justice, Office of Justice Programs, 45 F.L.R.A. 1022, 1026-27 (1992).

Permitting a union to review but failing to furnish the requested information to the union.

U.S. Dep't of Housing & Urban Dev., 42 F.L.R.A. 1002, 1003 (1991).

Failing to inform the union that the information requested does not exist.

Soc. Sec. Admin., Balt., Md., 60 F.L.R.A. 674, 679 (2005).

Failing to furnish the union requested information without charge.

Army & Air Force Exch. Serv., Dallas, Tex., 24 F.L.R.A. 292 (1986).

Unreasonably delaying the requested information to the union without justification.

U.S. Dep't of Treasury, U.S. Customs Serv., Sw. Region, Houston, Tex., 43 F.L.R.A. 1362, 1374 (1992).

Waiting until the day of arbitration to provide union requested documents.

U.S. Dep't of Transp., FAA, Ft. Worth, Tex., 57 F.L.R.A. 604 (2001).

Refusing to Allow the Recognized Union Representative to Participate in Formal Discussions

Meeting (without conversation) to announce a new staffing policy without union representation.

Dep't of Def., Nat'l Guard Bureau, Tex. Adjutant Gen.'s Dep't, 149th TAC Fighter Group (ANG/TAC), Kelly AFB, 15 F.L.R.A. 529, 531-33 (1984).

Meeting between management and employees to announce a work schedule and have employees select their shifts without speaking and without union representation.

Veterans Admin., Wash., D.C., 37 F.L.R.A. 747, 754 (1990).

Meeting with the warden to try to resolve differences before filing a grievance, even though neither the employee or the supervisor could speak.

U.S. Dep't of Justice Bureau of Prisons, Fed. Corr. Inst., Bastrop, Tex., 51 F.L.R.A. 1339, 1340-42 (1996).

Interviewing a bargaining unit employee to prepare for a ULP hearing without union representation.

Dep't of Air Force, F.E. Warren AFB, Cheyenne, Wyo., 31 F.L.R.A. 541, 552 (1988).

Interviewing bargaining unit employees to prepare for third-party proceedings without union representation.

Veterans Admin., Med. Ctr., Long Beach, Cal., 41 F.L.R.A. 1370, 1379-80 (1991).

Telephonically interviewing bargaining unit employees to prepare for an MSPB hearing without union representation.

Dep't of Air Force, Sacramento Air Logistics Ctr., McClellan AFB, Cal., 35 F.L.R.A. 594, 604 (1990).

Interviewing a bargaining unit employee called as a witness in an arbitration hearing without union representation.

Dep't of Air Force, Sacramento Air Logistics Ctr., McClellan AFB, Cal., 29 F.L.R.A. 594, 604 (1987).

Meeting with employee to discuss the employee's call to security without union representation.

Dep't of Def., U.S. Air Force, 325th Fighter Wing, Tyndall AFB, Fla., 66 F.L.R.A. 256 (2011).

Mediating EEO complaints without union representation.

Dep't of Air Force, Davis-Monthan AFB, Tucson, Ariz., 64 F.L.R.A. 845 (2010).

Failing to provide the union with adequate notice so the union can choose its representative to attend the meeting.

Dep't of Air Force, Sacramento Air Logistics Ctr., McClellan AFB, Cal., 29 F.L.R.A. 594, 604 (1987).

Failing to allow the union representative to speak or make statements at the meeting.

U.S. Dep't of Army, New Cumberland Army Depot, New Cumberland, Pa., 38 F.L.R.A. 671 (1990).

Refusing to Allow the Requested Union Representative to Participate at Investigatory Examinations (Weingarten Meetings)

When an employee requests representation at an investigatory interview, the agency must grant the request, discontinue the interview, or offer the employee the choice between continuing without representation or not having the interview.

Dep't of Justice, INS Border Patrol, El Paso, Tex. v. FLRA, 939 F.2d 1170 (5th Cir. 1991).

Agencies cannot coerce employees into waiving their right to union representation.

Dep't of Justice, INS, Border Patrol, El Paso, Tex., 36 F.L.R.A. 41 (1990).

Agencies cannot deny the union representative the right to speak and participate on the record.

United States Dep't of Justice, Bureau of Prisons, Safford, Ariz., 35 F.L.R.A. 431, 440 (1990).

Agencies cannot deny the union representative the right to ask questions, help employees express views, seek clarification, and suggest other avenues of inquiry.

U.S. Customs Serv., Region VII, L.A., Cal., 5 F.L.R.A. 297 (1981).

Agencies cannot normally deny the union representative the right to consult with the employee.

Dep't of Veterans Affairs, Veterans Affairs Med. Ctr., Jackson, Miss., 48 F.L.R.A. 787, 799 (1993).

Denying Official Time

Denying official time for negotiating local supplements.

Am. Fed'n of Gov't Emps. v. FLRA, 750 F.2d 143 (D.C. Cir. 1984).

Denying official time for travel to participate in negotiations.

Dep't of Treasury, Bureau of Pub. Debt, 17 F.L.R.A. 1045 (1985).