1. Our AFGE Locals are free to refuse a non-member's request to have her or his case taken to hearing at arbitration.

You answered "True" to the question presented.

Ouch!!..That policy could cause your local problems.

While there are conditions that allow our locals to refuse arbitration of an employee's case, membership isn't one of them.

Go back and click on the "false" answer selector to see those conditions and restrictions.

You answered "False" to the question presented.

Perfect, you suggested the right answer!

Unfortunately, under current Federal Law, our locals must provide "fair representation" to employees who choose not to be members. In executing our "duty of fair representation" we have to make our decisions on taking cases to hearing at arbitration without regard to the membership status of an employee.

There are legitimate reasons for refusing to take a case to hearing such as:

--Lack of merit (in other words, the case is a "loser")

--Lack of funds to pay the arbiter

--Refusal of the grievant to cooperate in the grievance/arbitration process

As a general rule, (and to protect your local from an Unfair Labor Practice determination) each case needs to be looked-at on its own merits. Decisions as to taking cases to hearing should be made by a committee of your local comprised of persons with case-handling experience. Those decisions should be documented.

2. During a grievance meeting with an agency supervisor, our Union's steward can lawfully tell the grievant to remain silent and do all the talking for the employee.

Good thinking, right answer!

Unlike an investigatory interview, where the employee generally has to cooperate, (see the June Skills Test) in grievance meetings, that requirement doesn't apply.

Grievance meetings are considered "protected activity" and employees engaged in those activities have enhanced protections from being required to speak or make admissions of wrongdoing.

The experienced steward or other representative for our union will insist that the represented employee only speak with the representative's permission during grievance meetings.

Remember, the employee is being represented by our union and on that basis, her or his actions need to be guided by the representative.

You answered False to the question presented.

OOPS, wrong answer.

Contrary to the general rule that employees are required to cooperate and answer questions during meetings and investigations, grievance meetings extend some special protections to those employees.

Go back and click on the "True" answer for some information on this question.

3. Employees have an absolute right to choose the officer or steward in our Union Locals who will represent them.

Unfortunately, that reply wasn't correct.

Just like there are "management rights" allowing the government to decide who will represent it, our Union has certain rights.

Go back and answer "False" to see what those rights are.

You answered False to the question presented.

Great thinking, you suggested the right answer!

It's surprising that a lot of our AFGE local officers and stewards believe employees have the ability to "pick and choose" who will represent them when they file grievances, appeals and complaints with our union's assistance.

As a general rule though, our union has the absolute right to assign representatives to employees in need of assistance. Typically, a local officer such as the Chief Steward, assigns cases to local representatives based on subject matter, experience or workload.

Allowing employees to assign representatives can lead to "burn out" of stewards. Effective locals in our union make representative assignments and don't give away their right to make those determinations.

4. An employee who suffers an on-the-job injury may insist that your local represent her or him in pursuing a claim.

Try again, your answer isn't correct.

Unlike work-related situations which might give rise to a grievance under the Negotiated Agreement terms, on-the-job injury claims have to be addressed in a particular way.

Go back and click on the "False" answer selector to see why.

You answered False to the question presented.

Congratulations, you suggested the right answer!

On-the-job injuries have to be addressed under the Federal Employees Compensation Act, (FECA) which is administered by the U.S. Department of Labor. The FECA is an "exclusive remedy" for employees injured on-the-job. That means the injury reporting and claims processes set up under FECA are the only way those matter can be addressed.

As with Merit Systems Protection Board and Equal Employment Opportunity appeals and complaints, our union does not, as a matter of law, have to represent employees in those "Statutory", (created by a provision of law) processes.

Although not required to represent employees, in on-the-job injury claims, many of our AFGE locals are great resources for employees needing help in those matters. This is one of the few areas where a "members only" policy of representation can properly be applied by an AFGE local. Those employees who choose not to participate in our locals as dues-paying members don't have the right to representation in on-the-job injury claims and procedures.

Membership does pay!!!