RD Instruction 2063-I

PART 2063 - EMPLOYEE RELATIONS AND SERVICES

Subpart I - Labor-Management Relations (LR) Program

Sec. Page

2063.401 General. 1

2063.402 Purpose. 1

2063.403 Definitions. 1

2063.404 Policy. 2

\(a\) Employee rights. 2

\(b\) Exceptions. 2

\(c\) Neutrality. 2

\(d\) CBA documents. 2

2063.405 Designations and assignments of LR responsibilities. 2

\(a\) Assistant Administrator for Human Resources (AAHR). 2

\(b\) State Director. 2

\(c\) Director, Labor Relations Staff (D-LRS). 3

\(d\) Administrative Program Director (APD). 3

\(e\) Labor Relations Specialist (LR Specialist). 4

2063.406 Designations and assignments of LR authority. 4

\(a\) AAHR. 4

\(b\) State Director. 5

\(c\) D-LRS. 6

\(d\) APD. 8

\(e\) LR Specialist. 9

2063.407 - 2063.450 \[Reserved\]

Exhibit A -Appendix A, Delegations of Labor Relations Authority

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(12-22-04) PN 381

RD Instruction 2063-I

PART 2063 - EMPLOYEE RELATIONS AND SERVICES

Subpart I -- Labor-Management Relations Program

§ 2063.401 [General]{.underline}.

The objectives of the Labor-Management Relations Program, herein
referred to as the Program, are stated in Executive Order 11491, as
amended, \"Labor-Management Relations in the Federal Service\" (FSL-MRS)
and in United States Department of Agriculture (USDA) Departmental
Regulation (DR)4070-711, "Labor Relations".

§ 2063.402 [Purpose]{.underline}.

The purposes of the Program are: (1) to insure that USDA Rural
Development complies with the Federal Service Labor-Management Relations
Statute (FSL-MRS), as amended, with regulations and case law issued by
the Federal Labor Relations Authority (FLRA), and with USDA policy,
direction and guidance established by the Director, Office of Human
Resources Management; and (2) to improve Government efficiency.

§ 2063.403 [Definitions]{.underline}.

\(a\) The following terms are used herein as defined in the FSL-MRS:
employee; supervisor; management official; and labor organization.

\(b\) The following terms are used herein as defined in section 4 of
USDA DR 4070-711, "Labor Relations": Agency Head Review; Collaborative
Labor Relations Strategy; Compliance Labor Relations Strategy; Exception
to Arbitration Award; Federal Service Labor-Management Relations Statute
(FSL-MRS); Federal Labor Relations Authority (FLRA); Full-Performance
Level Labor Relations Specialist; Level of Recognition; Management;
Unfair Labor Practice (ULP); Unions.

\(c\) As used herein, the term collectively bargained agreement (CBA)
includes all agreements, oral or written, between Rural Development and
an exclusive representative affecting and/or governing conditions of
employment of bargaining unit employees, and any amendments thereto.

\(d\) As used herein, the term subordinate managers refers to Rural
Development managers with supervisory authority at the level of
recognition (e.g., the Human Resources Manager for a state, but not the
Manager of one of the Programs).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSAL Personnel

General

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RD Instruction 2063-I

§ 2063.404 [Policy]{.underline}.

\(a\) [Employee rights]{.underline}. Section 7102 of the FSL-MRS creates
an enforceable legal right for each employee to form, join, or assist
any labor organization, or to refrain from any such activity. This right
must be respected and protected. Except as noted in paragraph (b), this
right includes taking part in a labor organization's management or being
its representative.

\(b\) [Exceptions]{.underline}. Paragraph (a) does not authorize
supervisors and management officials or others in the employment of
Rural Development whose official duties are incompatible with such
activities to participate in the management or representation of a labor
organization.

\(c\) [Neutrality]{.underline}. All supervisors and management officials
must remain neutral regarding (i) employees' decisions about whether to
be represented for collective bargaining, (ii) employees' choices
between competing labor organizations, (iii) whether employees choose to
acquire or maintain membership in a labor organization, and (iv) whether
and how employees choose to participate in a labor organization.

\(d\) [Documents memorializing CBAs]{.underline}. The agreed terms of
each CBA shall be embodied in a written document (e.g., term agreement,
master agreement, local agreement, mid-term bargaining agreement,
memorandum of understanding (MOU), memorandum of agreement (MOA),
grievance settlement agreement, ULP settlement agreement, and
partnership or collaborative labor-management agreement or charter) and
the parties shall take such steps as are necessary to implement the CBA
including submission of the document to the agency head for approval
pursuant to §7114(c) of the FSL-MRS. Note: All documents will be signed
by both the Director, Labor Relations Staff (D-LRS) as well as the line
manager involved.

§ 2063.405 [Designations and assignments of LR
responsibilities]{.underline}.

> \(a\) [Assistant Administrator for Human Resources
> (AAHR)]{.underline}. The AAHR is responsible to ensure that
> supervisors and management officials in Rural Development comply with
> the Program.
>
> \(b\) [State Director]{.underline}. State Directors are responsible
> for:
>
> \(1\) The operation of the Program within their respective
> jurisdictions.
>
> \(2\) Keeping the Director, Labor Relations Staff (D-LRS) informed
> about developments and problems.

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RD Instruction 2063-I

§ 2063.405 (Con.)

\(c\) [Director, Labor Relations Staff (D-LRS)]{.underline}. The D-LRS
is a Labor-Management Relations Officer reporting to the AAHR and is
responsible for implementing the Program. The duties of the D-LRS
include but are not limited to:

\(1\) Formulating, promulgating and implementing policy for the conduct
of Labor Relations (LR) by Rural Development.

\(2\) Providing information and serving as liaison within Rural
Development and between Rural Development and external parties regarding
the conduct of LR by Rural Development.

\(3\) Implementing Rural Development's LR Program.

\(4\) Supervising the LR Specialists and any other employees assigned to
the LR Staff.

\(d\) [Administrative Program Directors (APDs)]{.underline}. These
officials are responsible, under the direction of their respective State
Directors, for dealings with labor organizations. The duties of APDs
include, but are not limited to:

\(1\) Maintaining contact with recognized labor organizations.

\(2\) Negotiating and administering CBAs.

\(3\) Providing copies of CBAs to each supervisor and member of
bargaining units.

\(4\) Insuring that supervisors receive training in the Program.

\(5\) Serving as assistant agency representative in proceedings before
the FLRA, Federal Service Impasses Panel (FSIP), and the Assistant
Secretary of Labor for Labor-Management Relations.

\(6\) Maintaining records related to LR at the level of recognition
including, but not limited to copies of all documents related to: FLRA
representation proceedings (e.g., petitions, correspondence, formal
documents, decisions, certifications); past and current collectively
bargained agreements (e.g., memoranda, correspondence, minutes or notes
of negotiations, grievance settlements); past and current grievances
(e.g., grievance documents, correspondence, decisions by arbitrators,
exceptions

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RD Instruction 2063-I

§ 2063.405(d) (Con.)

filed with the FLRA, and FLRA decisions); past and current ULP charges
(e.g., charges, correspondence, responses, settlement agreements, formal
documents, hearing transcripts, evidence, decisions, records of
compliance); impasse proceedings (e.g., correspondence, responses,
agreements, and decisions of the FSIP); negotiability disputes (e.g.,
agency allegations, petitions, statements of position, and decisions of
the FLRA); strategic LR plans, partnership or collaborative
labor-management agreements or charters (e.g., minutes or notes of
meetings, reports).

\(e\) [Labor Relations Specialist (LR Specialist)]{.underline}. Under
the direction of the D-LRS, full performance level LR Specialists, and
trainees under the direct supervision of the D-LRS or of a full
performance level LR Specialist, are responsible to implement the
Program. The duties of LR Specialists include, but are not limited to:

\(1\) Preparing reports concerning LR.

\(2\) Giving instruction, advice and assistance in LR.

\(3\) Negotiating CBAs including participation in negotiability
disputes, impasse proceedings, following procedures necessary for agency
head review, and asserting the existence under 5 USC 7117 and 5 CFR
2424.50 of a "compelling need" for a Rural Development or USDA rule or
regulation.

\(4\) Representing Rural Development in proceedings related to
representation petitions, ULP charges and complaints, and the
arbitration of grievances.

\(5\) Publishing notices to employees related to LR.

§ 2063.406 [Designations and assignments of LR authority]{.underline}.

\(a\) [AAHR]{.underline}. The AAHR has authority to:

\(1\) Conduct and oversee all LR aspects of Rural Development
activities, including those of subordinate LR Specialists not supervised
by the D-LRS as members of the LR Staff.

\(2\) Delegate the foregoing authority.

\(3\) Supervise the D-LRS.

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RD Instruction 2063-I

§ 2063.406 (Con.)

\(b\) [State Director]{.underline}. The State Directors have authority
at the level of recognition they oversee to:

\(1\) Prepare and submit reports concerning LR in Rural Development for
use within Rural Development; or delegate such authority to a
subordinate manager.

\(2\) Advise and assist those in Rural Development who have operational
responsibility for implementing the Program; or delegate such authority
to a subordinate manager, an LR Specialist, Office of the General
Counsel (OGC) attorney, or qualified contract counsel.

\(3\) Represent Rural Development in negotiating and executing CBAs; or
delegate such authority to a subordinate manager, an LR Specialist, OGC
attorney, or qualified contract counsel provided the D‑LRS or an LR
Specialist is a member of the negotiating team.

\(4\) Make negotiability dispute allegations under 5 CFR 2424, Subpart
A, that an exclusive representative's proposals are not within Rural
Development's duty to bargain, provided (i) the D-LRS or an LR
Specialist concurs and (ii) the USDA Program Manager for LR is notified;
or delegate such authority to a subordinate manager, an LR Specialist,
OGC attorney, or qualified contract counsel.

\(5\) Represent Rural Development in negotiability disputes under 5 CFR
2424 before the FLRA after both (i) furnishing the D-LRS and the USDA
Program Manager for LR a copy of the petition for review at the time of
filing and (ii) consulting with the D-LRS and the USDA Program Manager
for LR before filing any statement of position and/or response to a
statement filed by the labor organization; or delegate such authority to
an LR Specialist, OGC attorney, or qualified contract counsel.

\(6\) Represent Rural Development in impasse proceedings under 5 CFR
2470 before the FSIP provided (i) the representation team includes the
D-LRS or an LR Specialist, and (ii) the USDA Program Manager for LR is
notified of all requests for assistance; or delegate such authority to
an LR Specialist, OGC attorney, or qualified contract counsel.

\(7\) Submit a copy of each CBA to the D-LRS immediately after execution
for transmittal to the USDA Program Manager for LR within five business
days of execution for review by the agency head; or delegate such
authority to a subordinate manager or an LR Specialist.

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RD Instruction 2063-I

§ 2063.406(b) (Con.)

\(8\) Ask the D-LRS to request the USDA Program Manager for LR to assert
the existence of a "compelling need" under 5 USC 7117 and 5 CFR 2424.50
for a Rural Development or USDA rule or regulation; or delegate such
authority to a subordinate manager or an LR Specialist.

\(9\) Represent Rural Development in proceedings under a CBA's
negotiated grievance arbitration procedure; or delegate such authority
to an LR Specialist, OGC attorney, or qualified contract counsel.

\(10\) File exceptions to arbitration awards with the FLRA under 5 CFR
7122 and 5 CFR 2425 after consulting with the D-LRS and the USDA Program
Manager for LR; or delegate such authority to an LR Specialist, OGC
attorney, or qualified contract counsel.

\(11\) Represent Rural Development in representation proceedings under 5
CFR 2422 before the FLRA; or delegate such authority to an LR
Specialist.

\(12\) Represent Rural Development in ULP proceedings under 5 CFR 2423
before the FLRA; or delegate such authority to an LR Specialist, OGC
attorney, or qualified contract counsel.

\(13\) Ask the D-LRS to consult with the USDA Program Manager for LR
about whether to request judicial review of a decision of the FLRA under
5 CFR 7123, and submit written request to Office of Human Resources
Management Director; or delegate such authority to a subordinate
manager, an LR Specialist, OGC attorney, or qualified contract counsel.

\(14\) Distribute annual *"Weingarten"* notice, pursuant to 5 USC
7114(a)(3), after the USDA Program Manager for LR issues notice; or
delegate such authority to manager at level of recognition.

\(c\) [D-LRS]{.underline}. The D-LRS has authority to:

\(1\) Formulate, promulgate and implement policy, direction and guidance
for the conduct of LR by Rural Development.

\(2\) Prepare and submit reports concerning LR in Rural Development for
use inside and outside Rural Development; or delegate such authority to
an LR Specialist.

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RD Instruction 2063-I

§ 2063.406(c)(Con.)

\(3\) Maintain contact with the Office of the Secretary, USDA and the
national offices of labor organizations.

\(4\) Advise and assist those in Rural Development who have operational
responsibility for implementing the Program; or delegate such authority
to an LR Specialist, OGC attorney, or qualified contract counsel.

\(5\) Supervise the LR Specialist.

\(6\) Represent Rural Development in negotiating and executing CBAs; or
delegate such authority to an LR Specialist, OGC attorney, or qualified
contract counsel provided an LR Specialist is a member of the
negotiating team.

\(7\) Make negotiability dispute allegations under 5 CFR 2424, Subpart
A, that an exclusive representative's proposals are not within Rural
Development's duty to bargain; or delegate such authority to an LR
Specialist, OGC attorney, or qualified contract counsel.

\(8\) Represent Rural Development in negotiability disputes under 5 CFR
2424 before the FLRA after both (i) furnishing the USDA Program Manager
for LR a copy of the petition for review filed with the FLRA at the time
of filing, and (ii) consulting with the USDA Program Manager for LR
before filing any statement of position and/or response to a statement
filed by the labor organization; or delegate such authority to an LR
Specialist, OGC attorney, or qualified contract counsel.

\(9\) Represent Rural Development in impasse proceedings under 5 CFR
2470 before the FSIP, provided the USDA Program Manager for LR is
notified of all requests for assistance; or delegate such authority to
an LR Specialist, OGC attorney, or qualified contract counsel.

\(10\) Transmit a copy of each CBA to the USDA Program Manager for LR
within five business days of execution for review by the agency head.

\(11\) Request the USDA Program Manager for LR to assert the existence
of a "compelling need" under 5 USC 7117 and 5 CFR 2424.50 for a Rural
Development or USDA rule or regulation.

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RD Instruction 2063-I

§ 2063.406(c) (Con.)

\(12\) Represent Rural Development in proceedings under a CBA's
negotiated grievance arbitration procedure; or delegate such authority
to an LR Specialist, OGC attorney, or qualified contract counsel.

\(13\) File exceptions to arbitration awards with the FLRA under 5 CFR
7122 and 5 CFR 2425 after consulting with the USDA Program Manager for
LR; or delegate such authority to an LR Specialist, OGC attorney, or
qualified contract counsel.

\(14\) Represent Rural Development in representation proceedings under 5
CFR 2422 before the FLRA; or delegate such authority to an LR
Specialist.

\(15\) Represent Rural Development in ULP proceedings under 5 CFR 2423
before the FLRA; or delegate such authority to an LR Specialist, OGC
attorney or qualified contract counsel.

\(16\) Consult with the USDA Program Manager for LR about whether to
request judicial review of a decision of the FLRA under 5 CFR 7123, and
submit written request to Office of Human Resources Management Director;
or delegate such authority to an LR Specialist, OGC attorney or
qualified contract counsel.

\(17\) Advise and assist in publishing annual *"Weingarten"* notice,
pursuant to 5 USC 7114(a)(3), after the USDA Program Manager for LR
issues notice.

\(d\) [(APD)]{.underline}. APDs have authority at the level of
recognition they oversee to:

\(1\) Implement policy for the conduct of LR by the state as directed by
the State Director.

\(2\) Prepare reports concerning LR for use within Rural Development; or
delegate such authority to a subordinate manager.

\(3\) Submit a copy of each CBA to the D-LRS immediately after execution
for transmittal to the USDA Program Manager for LR within five business
days of execution for agency head review; or delegate such authority to
a subordinate manager.

\(4\) Distribute annual *"Weingarten"* notice, pursuant to 5 USC
7114(a)(3), after the USDA Program Manager for LR issues notice, or
delegate such authority to a subordinate manager.

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RD Instruction 2063-I

§ 2063.406 (Con.)

\(e\) [LR Specialist]{.underline}. Full performance level LR Specialists
have authority to:

\(1\) Prepare reports concerning LR within Rural Development.

\(2\) Advise and assist those in Rural Development who have operational
responsibility for implementing the Program.

\(3\) Represent Rural Development in negotiating and executing CBAs.

\(4\) Make negotiability dispute allegations under 5 CFR 2424, Subpart
A, that an exclusive representative's proposals are not within Rural
Development's duty to bargain, and notify the D-LRS.

\(5\) Represent Rural Development in negotiability disputes under 5 CFR
2424 before the FLRA after both (i) furnishing the D-LRS and the USDA
Program Manager for LR a copy of the petition for review filed with the
FLRA at the time of filing and (ii) consulting with the\
D-LRS and the USDA Program Manager for LR before filing any statement of
position and/or response to a statement filed by the labor organization.

\(6\) Represent Rural Development in impasse proceedings under 5 CFR
2470 before the FSIP, provided the D-LRS and USDA Program Manager for LR
are notified of all requests for assistance.

Submit a copy of each CBA to the D-LRS immediately after execution for
transmittal to the USDA Program Manager for LR within five business days
of execution for review by the agency head.

\(8\) Ask the D-LRS to request the USDA Program Manager for LR to assert
the existence of a "compelling need" under 5 USC 7117 and 5 CFR 2424.50
for a Rural Development or USDA rule or regulation.

\(9\) Represent Rural Development in proceedings under a CBA's
negotiated grievance arbitration procedure.

\(10\) File exceptions to arbitration awards with the FLRA under 5 CFR
7122 and 5 CFR 2425 after consulting with the D-LRS and the USDA Program
Manager for LR.

\(11\) Represent Rural Development in representation proceedings under 5
CFR 2422 before the FLRA.

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RD Instruction 2063-I

§ 2063.406(e) (Con.)

\(12\) Represent Rural Development in ULP proceedings under 5 CFR 2423
before the FLRA.

\(13\) Ask the D-LRS to consult with the USDA Program Manager for LR
about whether to request judicial review of a decision of the FLRA under
5 CFR 7123, and submit written request to Office of Human Resources
Management Director.

\(14\) Advise and assist in publishing annual *"Weingarten"* notice,
pursuant to 5 USC 7114(a)(3), after the USDA Program Manager for LR
issues notice.

§§ 2063.407 - 2063.450 \[Reserved\]

Attachment: Exhibit A

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RD Instruction 2063-I

Exhibit A

Page 1

APPENDIX A

DELEGATIONS OF LABOR RELATIONS AUTHORITY

This table shows the several types of authority to perform LR functions
that may/may not be delegated in Rural Development. For more complete
guidance, see the relevant text in the body of the Instruction.

In this Appendix, the following abbreviations have these meanings:

USDA PM/LR = Program Manager for Labor Relations, United States
Department of Agriculture

AAHR = Assistant Administrator for Human Resources

SDs = State Directors

D-LRS = Director, Labor Relations Staff of Rural Development

APD = Administrative Program Director in a state

LR‑Sp = full performance-level Labor Relations Specialist

O = authorized to exercise the listed authority, but the authority [may
not]{.underline} be

re-delegated

X = authorized to perform listed authority, and the authority
[may]{.underline} be further

re-delegated to a Rural Development manager with supervisory authority
at

the level of recognition or to the D-LRS or member of the LRS

  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------
  **[LR Function and         **[AAHR]{.underline}**   **[SDs]{.underline}**   **[D-LRS]{.underline}**   **[APD]{.underline}**   **[LR‑Sp]{.underline}**   **[Conditions]{.underline}**
  Authority]{.underline}**                                                                                                                                

  1\. Supervise the\         O                                                                                                                            
  D-LRS                                                                                                                                                   

  2\. Establish LR policy,   X                                                O                                                                           
  direction and guidance for                                                                                                                              
  Rural Development.                                                                                                                                      

  3\. Prepare and submit     X                        X                       X                         X                       O                         
  internal reports about LR                                                                                                                               
  in Rural Development.                                                                                                                                   

  4\. Prepare and submit for X                                                X                                                                           
  external use reports about                                                                                                                              
  LR in Rural Development.                                                                                                                                

  5\. Maintain contact with  X                                                O                                                                           
  the Secretary of                                                                                                                                        
  Agriculture and labor                                                                                                                                   
  organization national                                                                                                                                   
  offices.                                                                                                                                                
  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------

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RD Instruction 2063-I

Exhibit A

Page 2

  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------
  **[LR Function and         **[AAHR]{.underline}**   **[SDs]{.underline}**   **[D-LRS]{.underline}**   **[APD]{.underline}**   **[LR‑Sp]{.underline}**   **[Conditions]{.underline}**
  Authority]{.underline}**                                                                                                                                

  6\. Assist those in Rural  X                        X                       X                                                 O                         
  Development having                                                                                                                                      
  operational responsibility                                                                                                                              
  for LR.                                                                                                                                                 

  7\. Supervise LR           X                                                O                                                                           
  Specialists under their                                                                                                                                 
  direction.                                                                                                                                              

  8\. Negotiate and execute  X                        X                       X                                                 O                         Negotiation teams must include
  CBAs between Rural                                                                                                                                      the\
  Development and certified                                                                                                                               D-LRS or an LR Specialist when
  exclusive representatives.                                                                                                                              Rural Development is not
                                                                                                                                                          represented by manager at the
                                                                                                                                                          level of recognition (see DR
                                                                                                                                                          4070-711, App.\
                                                                                                                                                          A, #3).

  9\. Make negotiability     X                        X                       X                                                 O                         The D-LRS or an LR‑Sp must
  dispute allegations under                                                                                                                               concur and the USDA PM/LR must
  5 CFR 2424, Subpart A,                                                                                                                                  be notified (see DR 4070-711,
  that an exclusive                                                                                                                                       §10 and App. A, #4).
  representative's proposals                                                                                                                              
  are not within Rural                                                                                                                                    
  Development's duty to                                                                                                                                   
  bargain.                                                                                                                                                
  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------

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RD Instruction 2063-I

Exhibit A

Page 3

  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------
  **[LR Function and         **[AAHR]{.underline}**   **[SDs]{.underline}**   **[D-LRS]{.underline}**   **[APD]{.underline}**   **[LR‑Sp]{.underline}**   **[Conditions]{.underline}**
  Authority]{.underline}**                                                                                                                                

  10\. Represent Rural       X                        X                       X                                                 O                         USDA PM/LR must be (i)
  Development in                                                                                                                                          provided a copy of the
  negotiability disputes                                                                                                                                  petition of review when it is
  under 5 CFR 2424, Subpart                                                                                                                               submitted, (ii) consulted
  C & D before the FLRA.                                                                                                                                  before any statement of
                                                                                                                                                          position may be filed, and
                                                                                                                                                          (iii) provided a copy of any
                                                                                                                                                          responses by Rural Development
                                                                                                                                                          to opposing statements (see DR
                                                                                                                                                          4070-711, §10 and\
                                                                                                                                                          App. A, #5).

  11\. Represent Rural       X                        X                       X                                                 O                         Representation team must
  Development in impasse                                                                                                                                  include the\
  proceedings under 5 CFR,                                                                                                                                D-LRS or an LR Specialist and
  Part 2470 before the FSIP.                                                                                                                              USDA PM/LR must be notified of
                                                                                                                                                          any request for FSIP
                                                                                                                                                          assistance (see DR 4070-711,
                                                                                                                                                          App. A, #6).

  12\. Submit negotiated     X                        X                                                 X                       O                         CBA must be submitted
  CBAs to D-LRS to be                                                                                                                                     immediately after execution.
  transmitted to USDA PM/LR                                                                                                                               
  for Agency head review                                                                                                                                  
  under 5 CFR 7114(c).                                                                                                                                    
  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------

RD Instruction 2063-I

Exhibit A

Page 4

  --------------------- ------ ------ ------- ------ ------- ----------------
  LR Function and       AAHR   SDs    D-LRS   APD    LR‑Sp   Conditions
  Authority                                                  

  13\. Transmit         X             O                      USDA PM/LR must
  negotiated CBAs to                                         receive the CBA
  USDA PM/LR for Agency                                      within 5
  head review under 5                                        business days
  CFR 7114(c).                                               after execution
                                                             (see DR
                                                             4070-711, App.
                                                             A, #7).

  14\. Ask the D-LRS to        X                     O       
  request the USDA                                           
  PM/LR assert a                                             
  "compelling need"                                          
  under 5 USC 7117 & 5                                       
  CFR 2424.50.                                               

  15\. Request that the X             O                      
  USDA PM/LR assert a                                        
  "compelling need"                                          
  under 5 USC 7117 & 5                                       
  CFR 2424.50.                                               

  16\. Represent Rural  X      X      X              O       Function to be
  Development in                                             performed by the
  proceedings under a                                        D‑LRS or an
  CBA's negotiated                                           LR‑Sp, OGC
  grievance arbitration                                      attorney or
  procedure.                                                 qualified
                                                             contract counsel
                                                             (see\
                                                             DR 4070-711,
                                                             App. A, #13).

  17\. Request the      X      X                     O       
  D-LRS to consult with                                      
  the USDA PM/LR before                                      
  filing exceptions to                                       
  arbitration awards                                         
  under 5 USC 7122 & 5                                       
  CFR 2425.                                                  

  18\. Consult with     X             X                      
  USDA PM/LR prior to                                        
  filing exceptions to                                       
  arbitration awards                                         
  under 5 USC 7122 & 5                                       
  CFR 2425.                                                  
  --------------------- ------ ------ ------- ------ ------- ----------------

RD Instruction 2063-I

Exhibit A

Page 5

  -------------------------- ------------------------ ----------------------- ------------------------- ----------------------- ------------------------- ------------------------------
  **[LR Function and         **[AAHR]{.underline}**   **[SDs]{.underline}**   **[D-LRS]{.underline}**   **[APD]{.underline}**   **[LR‑Sp]{.underline}**   **[Conditions]{.underline}**
  Authority]{.underline}**                                                                                                                                

  19\. File exceptions to    X                        X                       X                                                 O                         Exceptions may be filed only
  arbitration awards under 5                                                                                                                              after consulting with USDA
  USC 7122 & 5 CFR 2425 with                                                                                                                              PM/LR (see DR 4070-711, §11
  FLRA.                                                                                                                                                   and\
                                                                                                                                                          App. A, #9).

  20\. Represent Rural       X                        X                       X                                                 O                         Function to be performed by
  Development in                                                                                                                                          the D‑LRS or an LR‑Sp (see DR
  representation proceedings                                                                                                                              4070-711,\
  under 5 CFR Part 2422                                                                                                                                   App. A, #10).
  before FLRA.                                                                                                                                            

  21\. Represent Rural       X                        X                       X                                                 O                         Function to be performed by
  Development during                                                                                                                                      the D‑LRS or an LR‑Sp, OGC
  investigation of ULP                                                                                                                                    attorney or qualified contract
  charges under 5 CFR 2423                                                                                                                                counsel (see DR 4070-711,\
  by FLRA Regional Office.                                                                                                                                App. A, #11).

  22\. Represent Rural       X                        X                       X                                                 O                         Function to be performed by
  Development during formal                                                                                                                               the D‑LRS or an LR‑Sp, OGC
  litigation of ULP                                                                                                                                       attorney or qualified contract
  Complaints in proceedings                                                                                                                               counsel (see DR 4070-711, App.
  under 5 CFR 2423 before                                                                                                                                 A, #11).
  ALJs, FLRA and appellate                                                                                                                                
  courts.                                                                                                                                                 
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(12-22-04) PN 381

RD Instruction 2063-I

Exhibit A

Page 6

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  **[LR Function and         **[AAHR]{.underline}**   **[SDs]{.underline}**   **[D-LRS]{.underline}**   **[APD]{.underline}**   **[LR‑Sp]{.underline}**   **[Conditions]{.underline}**
  Authority]{.underline}**                                                                                                                                

  23\. Ask the D-LRS to      X                        X                                                                         O                         Submit to the D-LRS a written
  request to consult with                                                                                                                                 draft of arguments and
  the USDA PM/LR about                                                                                                                                    authorities justifying the
  whether to seek judicial                                                                                                                                request.
  review of FLRA decision                                                                                                                                 
  under 5 CFR 7123.                                                                                                                                       

  24\. Request the USDA      X                                                X                                                                           Submit to the USDA PM/LR a
  PM/LR to seek judicial                                                                                                                                  written draft of arguments and
  review of FLRA decision                                                                                                                                 authorities justifying the
  under 5 CFR 7123 and                                                                                                                                    request (see DR 4070-711, §11
  submit written request to                                                                                                                               and App. A, #12).
  OHRM Director.                                                                                                                                          

  25\. Publish annual        X                        X                                                 X                                                 Distribute after notice issued
  "*Weingarten"* notice.                                                                                                                                  by USDA PM/LR (see DR
                                                                                                                                                          4070-711, App. A, #14).
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