FLRA NEWS
FEDERAL LABOR RELATIONS AUTHORITY · WASHINGTON, DC · 20424
January 5, 1996 · PR 101-96 Contact: Helenann Hirsch 202-482-6500
FLRA GENERAL COUNSEL ISSUES GUIDANCE ON INVESTIGATING, DECIDING AND RESOLVING INFORMATION DISPUTES
FLRA General Counsel Joseph Swerdzewski today issued guidance to FLRA Regional Directors on
investigating, deciding and resolving information disputes. The guidance is part of a series issued
by the Office of General Counsel to strengthen customer service.
"Questions concerning what information a union may properly receive from an agency and, on the
other hand, what information an agency may properly withhold from a union, constitute a good
part of the unfair labor practice disputes in the federal service," General Counsel Swerdzewski
said when issuing the guidance. "The guidance offers some practical guidelines on making and
responding to requests for information and on using alternative dispute resolution techniques to
resolve these information disputes without litigation. In those cases that go to litigation, the
guidance helps ensure quick and effective resolution of the disputes on the merits, " said
Swerdzewski.
The General Counsel's Memorandum to Regional Directors concerns the duty of an agency to
furnish information to a union under section 7114(b)(4) of the Federal Service Labor Management
Relations Statute. It focuses primarily on two recent cases decided by the Authority in the area.
The Memorandum first discusses how unions and agencies can follow the new approaches to
information requests set forth by these recent Authority cases. It includes sample request and
response forms for use by labor and management. It also provides guidance on how Regional
Directors can help unions and agencies, and how unions and agencies can help themselves, in
narrowing and resolving disputes over information requests, without engaging in time consuming
and costly litigation. A sample issue analysis form is included to assist the parties in resolving
their information dispute prior to filing an unfair labor practice charge.
The Office of the General Counsel is the independent investigative and prosecutorial component
of the Federal Labor Relations Authority (FLRA) which investigates, settles and prosecutes unfair
labor practice charges. The Regional Directors, under the direction of the General Counsel, make
the initial determination whether to issue an unfair labor practice complaint. The General Counsel
periodically issues guidance to the Regional Directors on how to process and resolve unfair labor
practice disputes. The Authority is the three-member adjudicatory body within the FLRA which,
among other things, decides appeals from unfair labor practice cases investigated and prosecuted
by the Office of General Counsel.
An Executive Summary of the General Counsel's Memorandum to Regional Directors entitled
"Investigating, Deciding and Resolving Information Disputes" is attached. Copies of the complete
memorandum, with sample forms, are available by faxing a request to the Office of the General
Counsel at 202-482-6608 or by writing to 607 14th St. NW, Suite 210, Washington, D.C.
20424-0001, attention: Information Guidance. Requests should include name, title, organization,
address, telephone and fax numbers.
Questions or comments concerning this information should be directed to FLRA Deputy General
Counsel David Feder at (202) 482-6680, extension 203.
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