[Federal Register: April 20, 1998 (Volume 63, Number 75)]
[Proposed Rules]
[Page 19413-19414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap98-26]
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FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Parts 2424 and 2429
Processing of Negotiability Petitions: Miscellaneous and General
Requirements
AGENCY: Federal Labor Relations Authority.
ACTION: Notice of proposed rulemaking with request for comments.
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SUMMARY: The Federal Labor Relations Authority intends to revise its
regulations concerning the processing of negotiability appeals (part
2424). The Federal Labor Relations Authority established a Task Force
to study and evaluate part 2424 of its regulations. The Task Force
proposes to conduct focus groups to solicit and consider customers'
views prior to undertaking these revisions.
DATES: Written comments must be received on or before May 29, 1998. A
meeting will be held at 10:00 a.m. on May 12, 1998, in Washington, DC.
ADDRESSES: Mail or deliver written comments to the Office of Case
Control, Federal Labor Relations Authority, 607 14th Street, NW,
Washington, DC 20424-0001. The meeting will be held at the Federal
Labor Relations Authority, 607 14th Street, NW, Second Floor Agenda
Room, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Peter Constantine, Director, Office of
Case Control, at the address listed above or by telephone: (202) 482-
6540.
SUPPLEMENTARY INFORMATION:
1. Background
The Chair and Members of the Federal Labor Relations Authority (the
Authority) intend to review and, where appropriate, implement
mechanisms to improve the manner in which negotiability appeals are
processed, and to revise the regulations governing review of these
appeals. The Authority has established an internal Task Force to study
this matter.
Part 2424 of chapter XIV of Title 5 of the Code of Federal
Regulations (1997) contains, among other things, the current
regulations which govern all matters relating to the processing of
negotiability appeals. Part 2429 contains general regulatory
requirements which also govern these appeals. The regulations apply to
petitions for review of negotiability issues that concern union
proposals for bargaining as well as petitions for review of
negotiability issues that arise from disapprovals of collective
bargaining provisions that have been agreed on by parties.
In conjunction with its review of the procedures for processing
negotiability appeals, the Task Force is requesting oral and/or written
comments concerning issues to be addressed in the regulatory revisions
it is developing. A focus group meeting has been scheduled for Tuesday,
May 12, 1998, at 10:00 a.m. in Washington, DC to discuss matters
relevant to the negotiability appeal process. Persons interested in
attending this meeting on the proposed rulemaking should call or write
the point of contact listed in the preceding section to confirm
attendance. If appropriate, other discussions may be scheduled.
The Task Force will make written recommendations to the Chair and
Members of the Authority, who will, as determined appropriate, issue
proposed amendments to the existing negotiability and miscellaneous
regulations. All agencies, unions, and interested persons will be
afforded an opportunity to submit further comments on any proposed
specific modifications to the existing regulations. The Task Force will
conduct additional focus group meetings after the Authority proposes
its revisions to the existing regulations.
2. The Federal Service Labor-Management Relations Statute (the
Statute)
Section 7117 of Title 5, United States Code, empowers the Authority
to consider negotiability appeals under the conditions prescribed by
section 7117(b) and (c), directs the Authority to expedite these
appeals to the extent practicable, and instructs the Authority to issue
a written decision at the earliest practicable date.
The appeal process is set forth in Section 7117(c) of the Statute.
Under this process, the exclusive representative may ``institute an
appeal'' by ``filing a petition with the Authority.'' 5 U.S.C.
7117(c)(2). Once an exclusive representative institutes a negotiability
appeal, section 7117(c)(3)(A) and section 7117(c)(4) provide that an
agency involved in a negotiability dispute ``shall file with the
Authority'' a statement of position responding to the petition for
review,
[[Page 19414]]
and that an exclusive representative ``shall file with the Authority
its response to the statement.'' Consistent with section 7117(c)(5),
the Authority, in its discretion, may hold a hearing on the petition
for review before making a determination.
3. Issues on Which Comments Are Requested
Following are several groups of subjects on which the Task Force is
seeking comments. This is not intended to be an exclusive list; comment
on any matter relevant to the processing of petitions for review in
negotiability appeals is invited.
a. Alternative Dispute Resolution (ADR) in the Negotiability Appeal
Process
Should the Authority require and/or offer ADR services to the
parties as part of the negotiability appeal process? If the Authority
requires the parties to participate in ADR in connection with the
negotiability appeal process, are there any particular issues that the
Authority should consider in the drafting of its amendments to the
negotiability regulations?
b. Compliance With Procedural Requirements
What consequences, if any, should result from either an agency's
failure to file a statement of position, as required by section
7117(c)(3)(A) of the Statute or an exclusive representative's failure
to file a response to this statement, as required by section 7117(c)(4)
of the Statute?
Under what circumstances, if any, should the Authority exercise its
authority under section 7117(c)(5) of the Statute to hold hearings?
Are there any general requirements, in addition to those set forth
in part 2429 of the Authority's regulations, that the Authority should
consider in drafting its amendments to the negotiability regulations?
c. The Meaning of a Proposal or Provision
What burdens should the Authority place on the parties with respect
to the meaning of proposals or provisions, the factual record, and the
arguments? Where the Authority is unable to determine the meaning of a
proposal or provision, what action should the Authority take?
d. The Relationship Between Issues Arising Under the Negotiability
Appeal Process and the Unfair Labor Practice Process
Should the Authority modify its procedure for processing complaints
alleging unfair labor practices and negotiability petitions? If so, how
should the Authority process cases involving alleged unfair labor
practices and negotiability petitions?
How should ``duty to bargain issues'' (such as whether a matter is
``covered by'' an existing agreement or whether a union has waived its
right to bargain) as opposed to ``scope of bargaining'' issues (whether
a proposal is consistent with law, rule, or regulation) be addressed
when arising in connection with a negotiability appeal?
e. Authority Orders in Decisions on Review of Negotiability Appeals;
Compliance With the Authority's Orders
Part 2424.10 of the Authority's regulations currently provides
that, if in a decision the Authority finds that the duty to bargain
extends to ``a matter proposed to be bargained,'' then the Authority
shall include a bargaining order and, if the Authority finds that the
duty to bargain does not extend to the matter, or that the duty extends
to the matter ``only at the election of the agency,'' then the
Authority shall dismiss the petition for review.
Should the regulations be modified to include other orders? If so,
what other orders should be included and in what circumstances should
they be used?
Should the Authority's regulations concerning compliance with
negotiability orders be modified? If so, how should the Authority
address a party's failure to comply with the Authority's negotiability
order?
f. Proposals for Bargaining and Provisions Subject to Agency-Head
Review
Should the Authority's negotiability regulations differ depending
on whether the petition for review concerns a proposal for bargaining
or a provision that has been agreed on and subsequently disapproved?
g. Other Issues
The foregoing questions are not intended to exclude any other
subjects relevant to the negotiability appeal process. What other
subjects relevant to the negotiability appeal process should the
Authority consider in developing amendments to the existing
negotiability regulations?
(Authority: 5 U.S.C. 7105(a)(2)(E) and (I)).
Dated: April 15, 1998.
Solly Thomas,
Executive Director, Federal Labor Relations Authority.
[FR Doc. 98-10390 Filed 4-17-98; 8:45 am]
BILLING CODE 6727-01-P