Federal Labor Relations |
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5 U.S.C. Chapter 71 governs the labor-management
relations program in the Federal government. The program is based on the Congressional
finding that unions and collective bargaining are in the public interest. It prescribes
certain rights and obligations of employees, unions, and federal management and
establishes procedures for resolving issues that arise under the program. The program is
to be applied consistent with the requirement of an effective and efficient federal
government.
The program applies to most Executive agencies, to the Library of Congress,
and to the Government Printing Office. Certain agencies are specifically excluded from
coverage of the program. The President may exclude others by Executive Order.
The Federal Labor Relations Authority (the Authority)
is the administrative agency responsible for administering the program. The Authority is
composed of three members appointed by the President with the advice and consent of the
Senate. Not more than two members of the Authority can be adherents of the same political
party. The President designates one member to be the Chair. The members can only be
removed for cause.
The Authority is responsible for
- Determining the appropriateness of collective bargaining units
- Supervising or conducting elections to determine if a union has been selected as the
exclusive representative
- Prescribing criteria and resolving issues relating to the granting of National
Consultation Rights and Consultation Rights on Government-wide rules and regulations
- Resolving issues relating to the duty to bargain
- Resolving unfair labor practice complaints
- Resolving negotiability disputes
- Resolving exceptions to arbitration award
The Authority has a General Counsel who is appointed by the President with the advice
and consent of the Senate for a term of five years. The General Counsel can be removed at
any time by the President. The General Counsel investigates alleged unfair labor practice
charges and files and prosecutes unfair labor practice complaints. The General Counsel
also exercises other Authorities prescribed by the Authority (e.g., to determine the
appropriateness of bargaining units and conduct representation elections). |
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The Federal Service Impasses Panel is an entity
within the Authority. The Panel is responsible for providing assistance in resolving
negotiation impasses between unions and management. The Panel is composed of a Chair and
at least six other members who are appointed by the President for a term of five years.
Individuals are selected to serve on the Panel based on their fitness to perform Panel
duties and functions. They must be familiar with Government operations and knowledgeable
about labor- management relations. Panel members may be removed by the President.
To
carry out their responsibilities, the Authority, the General Counsel, and the Panel issue
regulations. Those regulations are published in 5 CFR Chapter XIV.
Federal Labor Relations Authority Web Site. |
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