Printing - FECA-PT2 - National Association of Letter Carriers

2-0804-16 Representational Functions
16. Representational Functions.
a. In the Civil Service Reform Act of 1978, at 5 U.S.C. 7101, it is held that:
experience in both private and public employment indicated that the statutory protection of
the right of employees to organize, bargain collectively, and participate in decisions which
affect them--
(A) safeguards the public interest
(B) contributes to the effective conduct of public business, and
(C) facilitates and encourages amicable settlements of disputes between
employees and their employers involving conditions of employment.
Thus, the Congress held that certain representational functions performed by employee
representatives of exclusive bargaining units benefit both the employee and the agency.
b. OPM defines "representational functions" to mean those authorized activities undertaken by
employees on behalf of other employees pursuant to such employees' right to representation
under statute, regulation, executive order, or terms of a collective bargaining agreement. It
includes activities undertaken by specific, individual designation (such as designation of a
representative in a grievance action or an EEO complaint), as well as those activities authorized
by a general collective designation such as the designation of a labor organization recognized as
exclusive representative under Chapter 71 of Title 5.
c. Official Time. Official time is defined as time granted to an employee by the agency to
perform representational functions, when the employee would otherwise have been in duty status,
without charge to leave or loss of pay. Official time is considered hours of work and is distinguished
from administrative leave. OPM has stated that this may include scheduled overtime or a period of
irregular unscheduled overtime, if an event arises which requires representational capacity.
Official time granted to union representatives under section 7131 of 5 U.S.C. Chapter 71 is
authorized for an employee acting as an exclusive representative in the negotiation of a collective
bargaining agreement, including attendance at impasse proceedings. In addition, certain executive
orders and Government-wide regulations require the use of official time for such functions in
connection with health and safety matters, agency administrative grievance procedures, prevailing
wage-rate appeals and EEO complaints.
Agency regulations and practice, and collective bargaining agreements, may also provide official
time for other representational functions.
The Postal Service National Agreement specifies conditions under which a union representative can
provide representational service "on the clock."
d. OWCP Policy. Employees performing representational functions which entitle them to
official time are in the performance of duty and entitled to all benefits of the Act if injured in the
performance of those functions. Activities relating to the internal business of a labor organization,
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