Unfair Labor Practices

  • The GAO Personnel Act (31 U.S.C. § 732(e)) requires the GAO to have a labor-management relations program consistent with the provisions in chapter 71 of title 5. This program is contained in GAO Order 2711.1, Labor-Management Relations.
  • Charges of Unfair Labor Practices (ULPs) may be filed with the PAB/OGC as described in "How to File a ULP".
  • GAO Order 2711.1 contains a list of Unfair Labor Practices. In addition to those listed ULPs, any allegation that GAO Order 2711.1 is inconsistent with or provides less protection or fewer rights to an employee or employee organization than provided for by Chapter 71 of Title 5 United States Code may also be raised as a ULP before the Personnel Appeals Board. 4 C.F.R. § 28.121(a).
  • Both the Agency and a labor organization may be held to have committed a ULP.

Generally, the following represents ULPs as defined by GAO Order 2711.1, para. 12:

  • A general list of potential management violations:
  1. Interfering with protected union activities;
  2. Discriminating in retaliation for engaging in protected union activity;
  3. Sponsoring, controlling, or assisting any labor organization, except to provide requested customary and routine facilities for the unions use on an impartial basis;
  4. Discriminating in retaliation because the employee filed a charge, complaint, affidavit, or petition, or has given any information or testimony with respect to labor or management issues;
  5. Refusing to bargain in good faith with a labor organization as required;
  6. Failing or refusing to cooperate in impasse procedures and decisions as required;
  7. Enforcing a rule or order that is in conflict with an applicable collective bargaining agreement; or
  8. Failing or refusing to comply with any provision of GAO Order 2711.1.
  • A general list of potential union violations:
  1. Interfering with the exercise of any right under this order;
  2. Causing or attempting to cause GAO to discriminate against any employee in the exercise by the employee of any right under this order;
  3. Coercing employees or interfering with protected rights;
  4. Discriminating against an employee with regard to the terms or conditions of membership on the basis of race, color, religion, sex, national origin, age, veterans preference or non-preference status, disability, political affiliation, marital status, or sexual orientation;
  5. Breaching the duty of fair representation;
  6. Refusing to negotiate in good faith with GAO as required;
  7. Failing or refusing to cooperate in impasse procedures and decisions as required;
  8. Engaging in illegal picketing or strikes;
  9. Failing or refusing to comply with any provisions of GAO Order 2711.1.