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Negotiability issues arise when there is a
question whether a particular proposal is within the duty to bargain. Management must
advise the union that a given proposal is inconsistent with law, rule, or regulation. The
union may appeal this assertion to the Federal Labor Relations Authority (FLRA).
Federal
law and Government-wide regulations limit negotiations. The same is true for regulations
issued by a federal agency or a primary national subdivision of that agency. However,
unions may challenge these agency regulations on the basis that there is no
"compelling need" for them. When such challenges are made to the FLRA, the
agency must demonstrate that a compelling need exists for the regulation. This requires
that the agency show that the regulation is
- essential, as opposed to helpful or desirable, to the accomplishment of the
agency’s mission or the execution of functions of the organization;
- necessary to insure the maintenance of basic merit principles; or
- implements a mandate to the agency or its primary national subdivision under law or
other outside authority, which implementation is essentially nondiscretionary in nature.
A union has 15 days from receipt of the agency’s assertion of nonnegotiability in
which to file a petition with the FLRA challenging that assertion. The union is required
to provide the FLRA both with the precise language that is in dispute and its
interpretation of the meaning of the proposal. |
