Q & A Session – Management and Bargaining Units


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I was placed in the Bargaining Unit because of my job classification. However, my position is one of direct management responsibility and I have access to extensive employee data and am regularly involved in helping with recruitment. I have input on a variety of management policy matters. Based on my duties, I feel I should not be in the bargaining unit, and no one else in my office is but me.

My supervisor has admitted that my position was misclassified and that I should not be covered, but I am told that the amount of effort to correct this is too great and that we’re just going to leave things as is.

Is there any legal ramification I could face if the union became aware of this situation? Could I be at fault or legally responsible in any way?


You should not share sensitive information with the union or anyone not having a need to know. Otherwise, it is up to your management and labor relations office to straighten out your bargaining unit status.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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