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FLRA official: Federal employees entitled to paid "official time" for bargaining and FLRA proceedings
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Summary
Bill Kirsner of the Federal Labor Relations Authority explains that section 7131 of the Federal Service Labor-Management Relations statute entitles certain federal employees to paid official time for bargaining and FLRA proceedings, while internal union business must be done off duty and other uses must be bargained.
Bill Kirsner, assistant general counsel at the Federal Labor Relations Authority(FLRA) Office of the General Counsel, said federal employees who serve as union representatives or need to consult with their union are entitled to paid "official time" under section 7131 of the Federal Service Labor-Management Relations statute. "Official time is an entitlement under the statute," Kirsner said.
Kirsner said subsections (a) and (c) of section 7131 create statutory entitlements: 7131(a) authorizes official time for employees representing an exclusive representative in collective bargaining and for attendance at impasse proceedings during duty time, and 7131(c) authorizes official time for employees participating for or on behalf of a labor organization in proceedings before the FLRA, including affidavit-taking, witness preparation and testimony. He confirmed that employees are on official time while traveling to participate in negotiations.
The distinction matters for how disputes are resolved. Kirsner said an agency may violate the statute if it denies official time for negotiations under 7131(a) or for FLRA proceedings under 7131(c); those denials can be raised in an unfair labor practice proceeding. By contrast, official time for other representational activities falls under 7131(d) and must be negotiated between the agency and the exclusive representative. Disputes about 7131(d) allocations are governed by the partiescontract grievance procedures and, if necessary, arbitration.
Kirsner outlined common contractual approaches to 7131(d) official time: parties sometimes negotiate fixed weekly hours for specific union officials (for example, 20, 24 or 40 hours per week), create an annual bank of hours that officials draw from, allocate hours per unit employee (for example, 1, 2 or 3 hours per employee), or otherwise deposit an agreed number of hours each year. He said some contracts enumerate possible uses and assign presumed appropriate amounts for each, with additional time available when necessary.
Kirsner warned that 7131(b) places limits on official time: internal union business such as solicitation of membership, election activities and dues collection must be performed during non-duty status (before or after the duty day, during breaks, or while on approved leave). He also noted that required reports filed with the Department of LaborOffice of Labor-Management Standards may be completed on official time under authority precedent.
On scheduling, Kirsner said official time for FLRA matters is mandatory; Office of the General Counsel agents typically request specific times for employees to be released but will accommodate mission-critical conflicts and discuss alternate arrangements during investigations.
Kirsner summarized legitimate representational uses that agencies and unions commonly negotiate under 7131(d), including consultations about possible grievances, preparing or presenting unfair labor practice charges, drafting charges, settlement preparation, legal training, and representation in investigatory examinations.
Kirsner closed by directing viewers to FLRA online resources and inviting contact with the agency for additional assistance.
