Union Representative: Good or bad idea?

When federal employees face a workplace issue, the first piece of advice they often hear is, "Get your union representative." There's a prevailing theory that having a union representative (or "steward") is always better than having no representative at all. While labor organizations have traditionally performed a critical role in the federal workplace, this assumption is not always true. In our experience, relying on an unqualified union representative can be disastrous for a federal employee's career. We have personally seen it happen.

Before you make that call, understand the risks, your rights, and the potential consequences.

The Myth of the "Qualified" Representative

The core premise behind seeking representation is that the representative—whether from a union, a friend, or an attorney—is more knowledgeable and qualified than you are to handle the situation.

But what does "qualified" mean?

Ideally, a representative would have formal, credentialed academic training from institutions like Cornell's Industrial Labor Relations School and/or the National Labor College, followed by mentorship and extensive practical experience. The reality is often different. Most local unions rely on informal, "on-the-job" training for their stewards. While some may receive supplemental training from a higher-level union organization, formal professional certification, academic credentials, and practical experience is exceedingly rare. This creates a significant risk: an unqualified representative providing unqualified consultation. An employee acting on bad advice is not immunized from being disciplined or even removed from employment, regardless of who gave them that advice. We have actually seen employees removed from employment because they listened to their union representative.

7 Examples of Bad Union Advice from a Union Representative

In our experience, we have seen employees face severe consequences after following incorrect advice from their union representatives. Common examples include:

1. Ignoring Supervisory Instructions: Advising employees to ignore a supervisor's order or delay its fulfillment, often with claims like, "The contract says you don't have to do that."

2. Refusing to Meet: Telling employees they do not have to meet with management officials without a union representative present (this is only true in specific circumstances, like a Weingarten meeting).

3. Refusing to Write: Advising employees to refuse a supervisor's direct order to provide a written statement about an incident.

4. Omitting Facts: Advising employees to intentionally omit facts from written responses or verbal statements during an investigation.

5. Questioning Authority: Advising employees not to respond to questions from a supervisor, whether in their chain of command or not (e.g., while on detail).

6. Delaying Meetings: Advising employees to delay a required meeting with a supervisor until a specific union representative is available.

7. Demanding "Everything in Writing": Instructing employees to "get everything in writing" from a supervisor before complying with a valid instruction.

The Hard Truth: You Are Not Immune from Bad Advice

This is the most critical point every federal employee must understand: Following the bad advice of a union representative offers you no protection from an adverse action and is not a defense on appeal. If you follow a steward's advice to ignore a direct order, you are the one who can be charged with insubordination, not the steward. The Merit Systems Protection Board (MSPB) has consistently upheld this.

Case Law: What the MSPB Says

• In Weston v. Department of Housing and Urban Development, 14 M.S.P.R. 321 (MSPB 1983), an employee's refusal to answer questions during an investigation based on the flawed advice of counsel was not a defense. The employee was found guilty of insubordination and was removed.

• In Martinez v. Department of Defense, 97 M.S.P.R. 403 (MSPB 2004), an employee resigned, citing in large part the flawed advice of his union representative. The employee alleged his resignation was involuntary due to this bad information. The MSPB dismissed the employee's appeal, finding the bad advice did not make the resignation involuntary.

The message from the MSPB is clear: The employee is ultimately responsible for their own actions, regardless of the advice they received.

If You Get Fired, Is the Union Liable?

Generally, no. Unions and their representatives are allowed to provide bad advice without legal consequence. There is a common misperception that the Duty of Fair Representation (DFR) obligates a federal union to provide "quality" representation. This is false.

The DFR, which stems from 5 U.S.C. § 7114(a)(1), simply states that the union must represent the interests of all bargaining unit employees "without discrimination and without regard to labor organization membership." This duty is about discrimination (e.g., refusing to help you because you aren't a paying member or based on your race), not about competence. The wdoes not assess the quality or competence of representation provided by a union.ww.flra.gov

Root Causes of Poor Union Representation

Why is this such a common problem? In our experience as both union officials and agency representatives, we identified several root causes, particularly in the public sector:

• Voluntary Positions: Most steward positions are voluntary.

• Lack of Compensation: Stewards are often not compensated for time spent on cases outside their tour of duty (beyond "official time" for specific tasks).

• No Performance Standards: Union officials are typically not held to any professional performance standards for their representational work.

• Frequent Turnover: High turnover rates prevent the development of long-term expertise.

• Lack of Resources: Local unions may fail to reimburse representatives for basic expenses like office supplies, copying, or postage.

• Inadequate Training: There is a widespread failure to develop local certification processes or provide formalized, advanced training.

• Personality-Driven: Many locals are personality-driven rather than systems-driven, leading to inconsistency.

Don't Risk Your Career: Get Expert Consultation

When facing a serious workplace issue—or a seemingly minor one that could escalate—you may only have one opportunity to "get it right." The bottom line is that you must obtain reliable, qualified, and expert consultation. Relying on a well-meaning but untrained volunteer steward is a gamble with your career, your pay, and your retirement.

The consultants at InformedFED are experts in federal employment law, disciplinary and adverse actions, and MSPB appeals. We understand the complex systems and procedures federal agencies must follow and can provide the qualified representation you need to protect your rights. Don't leave your career to chance. Contact InformedFED today for a consultation to understand your options and secure consultation you can trust.