OGC POLICIES

Since 1994, the General Counsel has issued policies which establish criteria, principles and standards that govern the Regional Offices' processing of cases.  These policies have been incorporated in the Unfair Labor Practice Manual or the Representation Case Handling Manual.  The first Chart below summarizes the policy and provides a link to that part of the ULP Manual where it has been incorporated. 

OGC GUIDANCE

The Guidances to Regional Directors summarized below reflect the views of the former General Counsel on a variety of matters not yet specifically addressed by case law under the Statute. They do not necessarily reflect the views of General Counsel Peter Eide. However, since the Guidances also contain valuable information regarding the case law and suggestions to avoid disputes over the exercise of rights and fulfillment of obligations under the Statute, they have been retained as a resource to assist the Unions and Federal Agencies in performing their responsibilities under the Statute. Also note that since the date these Guidances issued, the Authority may have addressed, in subsequent cases, certain matters that are covered in the Guidances.


 

OGC POLICIES

Popular Name

Description

Date

FITE POLICY

ULP Manual, Part 1, Chapter B, Alternative Dispute Resolution 

Constitutes the principles and criteria that the OGC follows when working with the parties to deliver facilitation, intervention, training and education activities to further the development of collaborative relationships and dispute resolution.

June 1997

REP QUALITY POLICY

Sets forth the standards of quality which the Regions will meet in the processing of each representation petition, regardless of the purpose of the petition.

Feb. 1997

INJUNCTION POLICY

ULP Manual, Part 2, Chapter E, Injunctions

Explains when and how the FLRA's Regional Directors will seek injunctive relief, highlighting the types of factors that will be considered, the process the region will follow and how the relief is available only in extraordinary circumstances.

Oct. 1996

INTERVENTION POLICY

ULP Manual, Part 3, Chapter B, Alternative Case Processing Procedure

Establishes uniform criteria for determining when certain unfair labor practice charges can be addressed through an alternative case processing technique without initially investigating the particular facts and merits of the charge.

 Oct. 1995

SCOPE OF INVESTIGATIONS POLICY

ULP Manual, Part 3,  Chapter D, Scope of Investigations

Establishes uniform criteria for determining the extent of an unfair labor practice charge investigation, setting forth what will be looked at in reaching a proper determination on the merits of a particular charge.

Oct. 1995

QUALITY IN ULP INVESTIGATIONS POLICY

ULP Manual, Part 3, Chapter C, Quality Standards for Investigations

Establishes uniform standards for achieving quality in all unfair labor practice investigations.  

Oct. 1995

 

PROSECUTORIAL DISCRETION POLICY

ULP Manual, Part 4, Chapter F, Prosecutorial Discretion

Establishes criteria for Regional Directors to apply in deciding whether to exercise discretion to dismiss meritorious unfair labor practice charges when litigation would not effectuate the purposes and policies of the Statute.

May 1994

SETTLEMENT POLICY

ULP Manual, Part 4, Chapter G, Settlements

Establishes criteria to be used in seeking settlements that enhance the relationship between the parties, resolve the issues in a specific dispute, and further the purposes and policies of the Statute.

May 1994

 

 

OGC GUIDANCE

Popular Name

Description

Date

MEETINGS GUIDANCE

exec. summary

Discusses OGC policy on the rights and obligations of unions and agencies in meeting with employees under the Statute and provides strategies to avoid conflict.  Formal discussions, Investigatory Examinations, Bypasses, Grievances Under the Negotiated Grievance Procedure, Representation Rights Created by Contract, and Past Practices are topics addressed in the memo.

Jan. 2001

 

REMEDY GUIDANCE

exec. summary

table of contents

Discusses the types of remedies for ULP violations and the elements of proof necessary to obtain those remedies.  The concepts of traditional and nontraditional remedies are explained.

May 2000

DEVELOPING A LABOR RELATIONS STRATEGIC PLAN GUIDANCE

exec. summary

Guidance is currently being revised. 

Jan. 2004

EEO GUIDANCE

exec. summary

 

Guidance is currently being revised. 

 

Jan. 2004

SCOPE OF BARGAINING GUIDANCE

exec. summary

 

Discusses whether union bargaining proposals are within the scope of bargaining under the Statute; the difference between the scope of bargaining and duty to bargain; appropriate arrangements; and approaches to improve bargaining effectiveness.

 

Sept. 1998

THE IMPACT OF COLLECTIVE BARGAINING AGREEMENTS ON THE DUTY TO BARGAIN AND THE EXERCISE OF OTHER STATUTORY RIGHTS GUIDANCE

exec. summary

Guidance is currently being revised. 

Mar. 1997

DUTY OF FAIR REPRESENTATION GUIDANCE

exec. summary

Discusses issues arising from the duty of fair representation under the Statute for labor organizations serving as exclusive representatives of bargaining unit employees.

Jan. 1997

PROPER DESCRIPTIONS OF BARGAINING UNITS AND UNIT CERTIFICATION GUIDANCE

checklist

Assists Regional Directors in identifying and correcting inaccurate descriptions of bargaining units and parties to a collective bargaining relationship in certifications, and includes a unit certification checklist.

Dec. 1996

 INFORMATION DISPUTES GUIDANCE

 

 

Discusses how unions and agencies can follow new approaches to information requests set forth in recent Authority cases, providing guidance on how Regional Directors can help unions and agencies and how unions and agencies can help themselves to narrow and resolve disputes over information requests.

 

Jan. 1996