FCCM 7C04 and 7C05 provide further background and guidance on union involvement in the conciliation process.394 Although subsection 7C04 deals specifically with retroactive seniority as a remedy affecting a CBA, the description of procedures there are equally applicable to other remedies affecting a CBA. Below are the two typical union responses in the conciliation context:
a. Union Participation in Conciliation. If the union agrees to participate in conciliation, then it may participate on issues affecting the CBA. If conciliation is successful, the CO should ask the president of the union local to sign the CA.395
b. Union Refuses to Participate or Refuses to Sign CA.396 If the union refuses to participate in conciliation, or participates but will not agree to the proposed relief affecting the CBA by signing the CA, the CO will not include the nonadmissions clause in the CA. The nonadmissions clause is in paragraph 3 of the standard CA text, as described in FCCM 8H0l. Under such circumstances, the CO shall amend paragraph 1 of the standard CA text to reference that the union was invited to participate and its refusal to participate or to sign.397
394. COs may also find it helpful to consult their RSOL on these issues.
395. See FCCM 8H03 – Signature Authority.
396. Also see FCCM 7C04(f) – Other Methods for Addressing Retroactive Seniority.
397. See FCCM 8H0l – Contents of a Conciliation Agreement.