(a) Any labor organization
shall be recognized as the exclusive bargaining representative of
the employees in an appropriate unit of a Bank when that organization
has been selected by the employees in said unit pursuant to the procedure
set forth in section 269.5. A unit may be established in a Bank on
any basis which will ensure a clear and identifiable community of
interest among the employees concerned, and will promote effective
relationships and the efficiency of the Bank’s operations, but no
unit shall be established solely on the basis of the extent to which
a labor organization or employees in the proposed unit may have sought
organization.
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(b) When a labor organization has been recognized
as the exclusive representative of employees in an appropriate unit,
it shall be entitled to act for and to negotiate agreements in good
faith covering all employees in the unit, and it shall be responsible
for representing the interests of all such employees without discrimination
and without regard to whether they are members of that labor organization
or not, provided that nothing in this policy shall prevent an employee
from adjusting his or her grievance without the intervention of the
recognized labor organization. The labor organization shall be given
notice of the adjustment and a reasonable opportunity to object on
the sole ground that it is in conflict with the terms of the collective-bargaining
agreement.
(c) A Bank, through appropriate officials,
shall have the obligation to meet at reasonable times with representatives
of a recognized labor organization to negotiate, in good faith, with
respect to personnel policies and practices affecting working conditions
for employees, provided that they do not involve matters in any of
the following areas:
(i) the purposes and functions of the Bank;
the compensation of and hours worked by employees; any classification
system used to evaluate positions; the budget of the Bank; the retirement
system; any insurance or other benefit plans; internal security operations;
maintenance of the efficiency of Bank operations, including the determination
of work methods; the right to contract out; the determination as to
manpower requirements; use of technology and organization of work;
and action to meet emergency situations;
(ii) management rights as to the direction
of employees, including hiring, promotion, transfer, classification,
assignment, layoffs, retention, suspension, demotion, discipline and
discharge, provided that on matters involving the procedures to be
followed by a Bank for the exercise of its rights under this subparagraph,
a Bank shall, upon request, discuss such procedures with a recognized
labor organization, but shall not be required to negotiate for an
agreement as to them;
(iii) all Bank matters specifically governed by applicable laws or
regulations.
The obligation
under this paragraph to negotiate with regard to certain matters shall
include the execution of a written contract incorporating any agreement
reached, but does not compel either a Bank or a labor organization
to agree to a particular proposal or to make any concession during
such negotiations.
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(d) At the time it requests an election
to be held, any labor organization seeking recognition shall submit
to a Bank a roster of its officers and representatives, a copy of
its constitution and bylaws, and a statement of its objectives.
(e) Subject to the provisions of section 269.8, the exclusive
recognition of a labor organization shall not preclude any employee,
regardless of labor organization membership, from bringing matters
of personal concern not governed by a collective bargaining agreement
to the attention of appropriate officers, managers or supervisory
personnel in accordance with applicable law, rule, regulation, or
established Bank policy, or from choosing his or her own representative
in such matters.
