Introduction
This publication summarizes negotiability determinations issued by the Federal Labor Relations Authority from January 11, 1979, through December 31, 2003; it replaces the comprehensive listing for January 11, 1979, through December 31, 2002. This listing is intended primarily for use by negotiators and researchers who need a handy, reliable source of Federal Labor Relations Authority decisions on negotiability of provisions/proposals arising in the process of negotiations. The brief information presented here is sufficient to provide leads for further research into relevant cases.
Following each proposal description a negotiability [N] or non-negotiability [NN] indicator of the Federal Labor Relations Authority ruling is inserted. Also included is the citation of the Federal Labor Relations Authority decision number. Rulings that a proposal is negotiable only at the election of the agency are classified as nonnegotiable [NN]. Starting with Volume 48, the designation "NN" is followed by an abbreviated reference to the reason for non-negotiability, e.g., GWR means conflict with a Government-wide rule or regulation; (a)(2)(A) means a conflict with management rights [e.g., section 7106(a)(2)(A) of title 5, United States Code]. If the designation "N" is followed by "(b)(2)" or "(b)(3)", the proposal is a negotiable procedure or appropriate arrangement. If the designation "N" is not followed by any notation, then the proposal is negotiable for other factors.
In those instances where enforcement of a Federal Labor Relations Authority ruling has been affirmed or denied or the ruling itself has been upheld or reversed in court, a citation has been included. If a remand has been ordered and the Federal Labor Relations Authority has acted on the remand, the citation to that case is included and identified as a decision "on remand."
Nothing contained in, or omitted from, this report should be regarded as an attempt to interpret or evaluate these proposals. This report is intended solely to provide information.
*Only negotiability decisions are included. There may be other types of decisions, e.g., arbitration reviews or Unfair Labor Practice cases, which affect the negotiability of a particular proposal.
|
