Exclusive Legal Representative of the Bargaining Unit
AFGE Council 238 has been accorded exclusive legal representative of the various relevant bargaining units within EPA in accordance with the Federal Service Labor-Management Relations Statute (the “Statute”) at 5 U.S.C. §7101 et seq., and the selection in a secret ballot election by a majority of the employees in the regions of AFGE Council 238 as their union.
Pursuant to 5 U.S.C. §7114(a)(1) which states: “A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.”
AFGE Council 238 has the right to enter into legally binding contracts, whether called a Memorandum of Agreement, Memorandum of Understanding or a contract, to define procedures and appropriate arrangements for the bargaining unit when management exercises its rights under the Statute.
On August 20, 2004, AFGE National President John Gage delegated to Charles Orzehoskie, President of the AFGE National Council of EPA Locals #238 (Council 238), the following authorities:
- The authority to deal with the U.S. Environmental Protection Agency on all representational matters;
- The authority to administer and enforce the national contract; and
- The authority to negotiate on any personnel policy or practice and conditions of employment not specifically covered by the agreement.