Many federal workers are concerned about the future of their jobs in light of recent cuts from Elon Musk’s DOGE. While most private-sector workers have union rights enumerated under the National Labor Relations Act, the Federal Service Labor-Management Relations Statute (FSLMRS), overseen by the Federal Labor Relations Authority (FLRA), governs federal workers instead.
Who can join or form a union?
Federal law says most federal workers have the right to organize or join a union under this statute. Specifically excluded are members of the uniformed services, management or supervisors, officers of the foreign service, and employees of a variety of agencies, particularly those relevant to national security, as well as employees engaged in personnel work or other similar things. Sections 7103 and 7112 of the statute gives a fuller enumeration.
For most federal employees, you don’t need to read all that, though! Check box 37 (“bargaining unit status”) of your SF-50. There will be a code there: 7777, 8888, or some other combination. Four sevens means you are eligible to unionize. Four eights means you are classified as ineligible, and any other number means a union with that code already represents you. Note that employees classified as ineligible may be wrongly so, and you can challenged this in the course of an organizing campaign.
What size is appropriate for a union?
When organizing a new bargaining unit, the FLRA determines appropriate unit size that “will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved.” There may be more than one such unit size fitting such criteria, and you should typically organize at the one that makes sense for you, unless there is significant precedent otherwise.
What are the protections around organizing do workers have?
Eligible workers able to join or form unions, seek union assistance, and file and pursue grievances. They also have the legal protection to not be coerced, restrained, disciplined, or retaliated against for seeking to exercise these rights. Additionally, they can talk to co-workers about unionizing and promote organizing, as long as it is in non-work areas during non-work time (e.g., handing out flyers in the break room or on a public sidewalk). Violation of any of these rights is an unfair labor practice, and in such a circumstance you or a union representative can file a charge with the FLRA.
What rights come with joining a union?
All unionized employees have the public-sector equivalent of “Weingarten rights,” which mean that a union representative may be present during disciplinary interviews. Beyond that, federal unions are empowered to collectively bargain for and negotiate contracts. Unlike in the private sector, management in the form of the government has full power to determine the budget, number of employees, and pay of workers. Unions then can negotiate on numbers, types, and grades of employees assigned to any position or project; the technology and means of performing the work; the procedures of management in its role; and arrangements for employees affected by layoffs and reorganizations (i.e., conditions of work).
Further, when management violates the contract, the union can enforce it through both legal remedies and collective action. Unlike in the private sector, it is illegal to strike. However, collective militant organizing is possible, coupled with assertive handling of grievances by procedures determined in each collective bargaining agreement.
Are these rights weaker than in the private sector?
If these rights sound pretty weak, that’s because they are. Federal workers had even fewer rights in the past, though. Getting as far as we have is the result of our organizing and power, and the restrictions on the rights of federal workers are in place precisely because bosses understand the tremendous power such workers hold.
It’s also clear the current administration is throwing out the rulebook, and we shouldn’t trust even the basic provisions discussed here will be enforced. But rights were never where our power came from, just a recognition of it. We have power because we do the work, and we can always organize collectively.
In our favor, all federal workers have, coming directly from the First Amendment, one very important right beyond those accorded to private-sector workers: the right to speech and association without government reprisal. This right also means without employer reprisal because the government is the employer. That means, at least on paper, that we can talk freely to our co-workers about what is happening and how we should respond, and that’s all we need to start organizing.
What rights do all federal employees have?
Despite what the current administration wishes, with or without a union, workers past a probationary or trial period cannot be terminated without cause, though they can be affected by a planned mass reduction in force (RIF). Further, a RIF generally requires 60 days’ advance notice and termination in order of seniority and other specified criteria.
Agencies, like private companies, cannot discriminate against workers based on race, sex, religion, marital status, national origin, age or disability. There are further protections as well for whistleblowers under the Whistleblower Protection Act.
Beyond that, in the federal sector, you cannot be discriminated against for partisan political reasons (e.g., because of activities or views expressed off work time in workers’ capacity as private citizens). In fact, these protections are far stronger in the public sector than anywhere else because they come directly from the First Amendment. These rights are covered in the ACLU rights guide.
Are there any limits on these rights?
These rights do come with certain restrictions. Notably, the Hatch Act restricts federal employees from conducting these activities, for example, while not speaking in a personal capacity, running for office, or soliciting partisan donations. Some particular workers, also known as “further restricted employees”, at certain agencies, such as the Federal Election Commission or various criminal or national security agencies, are further restricted from partisan political campaigns. This is covered in more detail in the Office of Special Counsel’s guide.
These rights all mean nothing unless enforced, and having a union with your co-workers that can pool your collective resources and energy to fight together is still the best way to do so.
Sounds great. How do I get a union?
If you are listed in your SF-50 as having a union, look up the code at the Office of Personnel Management, join, and start paying dues. Find out who your steward is and who your president is. Let them know you’re ready to step up and help organize and build! If you are not in a union but eligible and want to organize with your co-workers, reach out to EWOC and we will help you right away! If you are in a union and want to help find ways to strengthen its militancy and turn it into a better force unit for you and your fellow workers, connect to our friends at the Federal Unionists Network where they are helping develop federal unions that fight back!
