Today's date is: May 22, 2018
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Guidelines Pamphlet

Representation Proceedings

  • GAO employees have the right to form, join, or assist an employee organization, as well as the right to not form, join, or assist an employee organization, freely without penalty or reprisal.
  • The GAO Personnel Act ( 31 U.S.C. § 732(e)) and 4 C.F.R. § 28.110 provide the rights and procedures to be followed to determine:
    • Appropriate collective bargaining units 
    • Whether GAO employees want to be represented by a labor organization
    • Whether any such labor organization should be certified as the exclusive bargaining unit 
  • Who may file representation petitions:
  • Labor organization seeking to be designated as or replace an exclusive bargaining representative;
    • An employee or group of employees seeking a determination that a certified labor organization is no longer representative of the majority of employees within the unit;
    • GAO if it has a good faith doubt that the currently recognized or certified labor organization represents a majority of the employees in the unit;
    • GAO or a labor organization seeking clarification of a certification;
    • Any person seeking clarification of, or an amendment to, a certification
  • After the Representation Petition is filed:
    • PAB/OGC may request GAO to post a notice for at least 10 days to employees that the petition has been filed;
    • GAO shall provide the PAB/OGC all information it has with respect to other potentially interested labor organizations and other relevant information;
    • The interested parties will meet and attempt to resolve any issues in controversy;
    • After the expiration of the posting period, PAB/OGC will prepare a report for the Board that may recommend approval of any agreement entered into by the parties, dismissal of the petition, or issuance of a notice of hearing to dispose of the remaining issues.  The report will be provided to the Board and all interested parties.
    • After the report is prepared, the Board will approve the report and order appropriate steps to carry out the recommendations in the report, or send the report back to the PAB/OGC with further instructions.
    • If a hearing is ordered, the administrative judge designated by the Board will conduct a hearing and will issue a report that includes Findings of Fact and Recommendations.

    • The Board reviews the administrative judge’s report and provides the parties an opportunity to comment.  The Board will then issue a Decision and Order determining the appropriate unit, directing an election, dismissing the petition, or making some other disposition of the matter.