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    Labor Management Relations Glossary

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    Formal Discussion

    Under § 7114(a)(2)(A), the exclusive representative must be given an opportunity to be represented at "any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment[.]"(Italics added.) For a discussion and application of the four elements of "formal discussion," see 15 FLRA No. 87. For some of the factors FLRA considers in determining the "formality" of a meeting, see 10 FLRA No. 24. For other examples of formal discussion unfair labor practices, see 5 FLRA No. 58 (employee orientation sessions are formal discussions), 21 FLRA No. 96 (the right to be represented includes the right to "comment, speak and make [nondisruptive] statements"), and 41 FLRA No. 106 (telecon interviews of potential witnesses by agency attorney preparing for an MSPB hearing are formal discussions).

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