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Watch free online FLRA trainings on our Youtube channel and don’t forget to subscribe to receive updates on new videos. You are here Home [Decision Number]
 Interpretation and Guidance
          
                              
          
          
        
        [ v02 p274 ]
 02:0274(32)PS
 
 The decision of the Authority follows:
 
 
 
 
 
 2 FLRA No. 32
 
                                            Case No. 0-PS-2
 
              INTERPRETATION AND GUIDANCE
 
 INTRODUCTION
 
    AS PREVIOUSLY ANNOUNCED, /1/ THE AUTHORITY DETERMINED, IN CONFORMITY
 WITH ITS RULES AND THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (92 STAT. 1191), THAT AN INTERPRETATION OF THE STATUTE WAS
 WARRANTED ON THE FOLLOWING QUESTION:
 
    WHAT IS THE PROPER INTERPRETATION AND APPLICATION OF SECTION 7121 OF
 THE FEDERAL SERVICE
 
    LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1211) AS IT RELATES TO
 THE IMPACT OF THIS SECTION
 
    OF THE STATUTE ON THE SCOPE OF NEGOTIATED GRIEVANCE PROCEDURES IN
 EXISTING AGREEMENTS?  IN
 
    ADDRESSING THEMSELVES TO THIS QUESTION OF SCOPE, INTERESTED PERSONS
 ARE ALSO INVITED TO
 
    CONSIDER THE IMPACT, IF ANY, OF SECTION 7135(A)(1) OF THE STATUTE (92
 STAT. 1215) ON SUCH
 
    INTERPRETATION AND APPLICATION.
 
    THE AUTHORITY INVITED INTERESTED PERSONS TO EXPRESS THEIR VIEWS IN
 WRITING WITH RESPECT TO THE MATTER INVOLVED.  THE RESPONSES SUBMITTED TO
 THE AUTHORITY /2/ WERE DETAILED AND HELPFUL AND HAVE BEEN CAREFULLY
 CONSIDERED.  IN VIEW OF THE THOROUGHNESS AND EXTENT OF THESE
 SUBMISSIONS, THE AUTHORITY HAS DETERMINED THAT NO USEFUL PURPOSE WOULD
 BE SERVED BY PROVIDING FOR AN ORAL HEARING.
 
    BACKGROUND
 
    PRIOR TO THE STATUTE, THE SCOPE OF NEGOTIATED GRIEVANCE PROCEDURES
 WAS GOVERNED BY SECTION 13 OF EXECUTIVE ORDER 11491, AS AMENDED, WHICH
 PROVIDED IN RELEVANT PART AS FOLLOWS:
 
    SEC. 13.  GRIEVANCE AND ARBITRATION PROCEDURES.
 
    (A) AN AGREEMENT BETWEEN AN AGENCY AND A LABOR ORGANIZATION SHALL
 PROVIDE A PROCEDURE,
 
    APPLICABLE ONLY TO THE UNIT, FOR THE CONSIDERATION OF GRIEVANCES.
 THE COVERAGE AND SCOPE OF
 
    THE PROCEDURE SHALL BE NEGOTIATED BY THE PARTIES TO THE AGREEMENT
 WITH THE EXCEPTION THAT IT
 
    MAY NOT COVER MATTERS FOR WHICH A STATUTORY APPEAL PROCEDURE EXISTS
 AND SO LONG AS IT DOES NOT
 
    OTHERWISE CONFLICT WITH STATUTE OR THIS ORDER.  . . .
 
    ON OCTOBER 13, 1978, THE STATUTE WAS ADOPTED, EFFECTIVE JANUARY 11,
 1979.
 
    SECTION 7121 OF THE STATUTE, RELATING TO THE SETTLEMENT OF
 GRIEVANCES, /3/ PROVIDES IN RELEVANT PART AS FOLLOWS:
 
    SEC. 7121.  GRIEVANCE PROCEDURES
 
    (A)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, ANY
 COLLECTIVE BARGAINING
 
    AGREEMENT SHALL PROVIDE PROCEDURES FOR THE SETTLEMENT OF GRIEVANCES,
 INCLUDING QUESTIONS OF
 
    ARBITRABILITY.  . . .  (T)HE PROCEDURES SHALL BE THE EXCLUSIVE
 PROCEDURES FOR RESOLVING
 
    GRIEVANCES WHICH FALL WITHIN ITS COVERAGE.
 
    (2) ANY COLLECTIVE BARGAINING AGREEMENT MAY EXCLUDE ANY MATTER FROM
 THE APPLICATION OF THE
 
    GRIEVANCE PROCEDURES WHICH ARE PROVIDED FOR IN THE AGREEMENT.
 
   .          .          .
 
 
    (C) THE PRECEDING SUBSECTIONS OF THIS SECTION SHALL NOT APPLY WITH
 RESPECT TO ANY GRIEVANCE
 
    CONCERNING--
 
    (1) ANY CLAIMED VIOLATION OF SUBCHAPTER III OF CHAPTER 73 OF THIS
 TITLE (RELATING TO
 
    PROHIBITED POLITICAL ACTIVITIES);
 
    (2) RETIREMENT, LIFE INSURANCE, OR HEALTH INSURANCE;
 
    (3) A SUSPENSION OR REMOVAL UNDER SECTION 7532 OF THIS TITLE;
 
    (4) ANY EXAMINATION, CERTIFICATION, OR APPOINTMENT;  OR
 
    (5) THE CLASSIFICATION OF ANY POSITION WHICH DOES NOT RESULT IN THE
 REDUCTION IN GRADE OR
 
    PAY OF AN EMPLOYEE.
 
    IN ADDITION, CERTAIN "SAVINGS PROVISIONS" WERE ENACTED AS INTEGRAL
 PARTS OF THE STATUTE.  THE SAVINGS PROVISIONS RELEVANT HERE, SECTION
 7135(A) AND (B), READ AS FOLLOWS:
 
    SEC. 7135.  CONTINUATION OF EXISTING LAWS, RECOGNITIONS, AGREEMENTS,
 AND PROCEDURES
 
    (A) NOTHING CONTAINED IN THIS (STATUTE) SHALL PRECLUDE--
 
    (1) THE RENEWAL OR CONTINUATION OF AN EXCLUSIVE RECOGNITION,
 CERTIFICATION OF AN EXCLUSIVE
 
    REPRESENTATIVE, OR A LAWFUL AGREEMENT BETWEEN AN AGENCY AND AN
 EXCLUSIVE REPRESENTATIVE OF ITS
 
    EMPLOYEES, WHICH IS ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS
 (STATUTE);  . . .
 
    (B) POLICIES, REGULATIONS, AND PROCEDURES ESTABLISHED UNDER AND
 DECISIONS ISSUED UNDER
 
    EXECUTIVE ORDERS 11491, 11616, 11636, 11787, AND 11838, OR UNDER ANY
 OTHER EXECUTIVE ORDER, AS
 
    IN EFFECT UNTIL REVISED OR REVOKED BY THE PRESIDENT, OR UNLESS
 SUPERSEDED BY SPECIFIC
 
    PROVISIONS OF THIS (STATUTE) OR BY REGULATIONS OR DECISIONS ISSUED
 PURSUANT TO THIS (STATUTE).
 
    AFTER THE EFFECTIVE DATE OF THE STATUTE, IT APPEARS FROM THE RECORD
 THAT AGENCIES IN SOME INSTANCES HAVE REFUSED UNION REQUESTS TO
 RENEGOTIATE THE SCOPE OF THEIR EXISTING NEGOTIATED GRIEVANCE PROCEDURES.
  THE AGENCIES BASE SUCH REFUSALS TO RENEGOTIATE ON THE ABOVE-QUOTED
 SAVINGS PROVISIONS IN SECTION 7135 OF THE STATUTE.
 
    WE SHALL CONSIDER WHETHER RENEGOTIATION OF THE SCOPE OF GRIEVANCE
 PROCEDURES IN EXISTING AGREEMENTS MAY BE PROPERLY REFUSED ON THE BASIS
 OF EITHER SECTION 7135(A)(1) OR (B) OF THE STATUTE AS CLAIMED BY THE
 AGENCIES.  FOR CONVENIENCE OF DISCUSSION, WE WILL CONSIDER THE IMPACT OF
 THESE STATUTORY PROVISIONS IN REVERSE ORDER.
 
    IMPACT OF SECTION 7135(B) ON RENEGOTIATION OF SCOPE OF EXISTING
 NEGOTIATED GRIEVANCE PROCEDURES
 
    AS NOTED ABOVE, SECTION 7135(B) OF THE STATUTE PROVIDES THAT POLICIES
 ESTABLISHED UNDER THE ORDER SHALL REMAIN IN FULL FORCE AND EFFECT UNLESS
 SUPERSEDED BY SPECIFIC PROVISIONS OF THE STATUTE.  IT IS CLEAR THAT THE
 PROVISIONS OF SECTION 7121 OF THE STATUTE, AS THEY RELATE TO THE SCOPE
 OF GRIEVANCE PROCEDURES IN COLLECTIVE BARGAINING AGREEMENTS, DIFFER
 MATERIALLY FROM AND THEREBY "SUPERSEDE" THE POLICIES OF SECTION 13 OF
 THE ORDER.
 
    FIRST, IN CONTRAST TO SECTION 13 OF THE ORDER, WHICH EXCLUDED FROM
 COVERAGE UNDER NEGOTIATED GRIEVANCE PROCEDURES ALL MATTERS FOR
 STATUTORY
 APPEAL PROCEDURES EXISTED, SECTION 7121 OF THE STATUTE INCLUDES SUCH
 MATTERS WITHIN THE SCOPE OF THE NEGOTIATED GRIEVANCE PROCEDURES, ABSENT
 AGREEMENT TO THE CONTRARY, AND EXCEPT FOR CERTAIN SPECIFIC EXCLUSIONS
 ENUMERATED IN SECTION 7121(C) ITSELF.  SECOND, WHILE THE SCOPE OF
 GRIEVANCE PROCEDURES NEGOTIATED UNDER SECTION 13 OF THE ORDER WAS
 DEPENDENT ON THE PARTIES' MUTUAL AGREEMENT AS TO THOSE MATTERS WHICH
 WOULD BE COVERED, /4/ GRIEVANCE PROCEDURES NEGOTIATED BY THE PARTIES
 UNDER SECTION 7121 OF THE STATUTE COVER ALL MATTERS WHICH MIGHT LAWFULLY
 BE SUBMITTED TO THOSE PROCEDURES, UNLESS THE PARTIES IN THEIR
 NEGOTIATIONS MUTUALLY AGREE THAT PARTICULAR MATTERS SHALL BE EXCLUDED
 FROM THE NEGOTIATED GRIEVANCE PROCEDURES AS PROVIDED IN SECTION
 7121(A)(2) OF THE STATUTE.  IN THIS CONNECTION, THE HOUSE-SENATE
 CONFERENCE COMMITTEE REPORTED WITH RESPECT TO SECTION 7121 AS FOLLOWS:
 /5/
 
    ALL MATTERS THAT UNDER THE PROVISIONS OF LAW COULD BE SUBMITTED TO
 THE GRIEVANCE PROCEDURES
 
    SHALL IN FACT BE WITHIN THE SCOPE OF ANY GRIEVANCE PROCEDURE
 NEGOTIATED BY THE PARTIES UNLESS
 
    THE PARTIES AGREE AS PART OF THE COLLECTIVE BARGAINING PROCESS THAT
 CERTAIN MATTERS SHALL NOT
 
    BE COVERED BY THE GRIEVANCE PROCEDURES.
 
    THUS, IT IS CLEAR THAT THE POLICIES OF SECTION 13 OF THE ORDER
 REGARDING THE SCOPE OF NEGOTIATED GRIEVANCE PROCEDURES HAVE BEEN
 SUPERSEDED BY SPECIFIC PROVISIONS OF SECTION 7121 OF THE STATUTE, AND
 THEREFORE, PURSUANT TO SECTION 7135(B) OF THE STATUTE, THOSE POLICIES OF
 THE ORDER ARE NO LONGER IN EFFECT.
 
    IMPACT OF SECTION 7135(A)(1) ON RENEGOTIATION OF SCOPE OF GRIEVANCE
 PROCEDURES IN EXISTING AGREEMENTS
 
    AS SET FORTH PREVIOUSLY, SECTION 7135(A)(1) OF THE STATUTE PROVIDES
 THAT NOTHING IN THE STATUTE SHALL PRECLUDE THE RENEWAL OR CONTINUATION
 OF A LAWFUL AGREEMENT ENTERED INTO BEFORE THE EFFECTIVE DATE OF THE
 STATUTE.  PLAINLY, WHERE BOTH PARTIES TO AN EXISTING AGREEMENT
 CONTAINING GRIEVANCE PROCEDURES NEGOTIATED UNDER SECTION 13 OF THE ORDER
 WISH TO MAINTAIN THOSE NEGOTIATED GRIEVANCE PROCEDURES, THE LITERAL
 LANGUAGE OF SECTION 7135(A)(1) OF THE STATUTE DOES NOT PREVENT THE
 PARTIES FROM RENEWING OR CONTINUING THE TERMS OF THAT AGREEMENT IF THEY
 SO DESIRE.
 
    HOWEVER, WHERE EITHER PARTY TO AN EXISTING AGREEMENT OBJECTS TO THE
 CONTINUATION OF PROVISIONS IN THAT AGREEMENT ESTABLISHING THE SCOPE OF
 THE NEGOTIATED GRIEVANCE PROCEDURES, SUCH OBJECTION REQUIRES THE PARTIES
 TO COMPLY WITH THE MANDATE OF SECTION 7121 OF THE STATUTE.  THAT IS, THE
 PARTIES WOULD THEN BE REQUIRED TO RENEGOTIATE THE SCOPE OF THEIR
 NEGOTIATED GRIEVANCE PROCEDURES AND, IN CONFORMITY WITH SECTION 7121(A),
 THE GRIEVANCE PROCEDURES SO RENEGOTIATED WOULD COVER ALL MATTERS WHICH
 MIGHT LAWFULLY BE SUBMITTED TO THOSE PROCEDURES, EXCEPT FOR PARTICULAR
 MATTERS MUTUALLY AGREED BY THE PARTIES TO BE EXCLUDED.  /6/
 
    PENDING SUCH RENEGOTIATION, THE CURRENT AGREEMENT WOULD OF COURSE
 CONTINUE IN EFFECT AND GRIEVANCES WOULD CONTINUE TO BE PROCESSED BY THE
 PARTIES AS PROVIDED FOR IN THAT AGREEMENT.  /7/
 
    CONCLUSION
 
    IN SUMMARY, IT IS THE AUTHORITY'S INTERPRETATION AND GUIDANCE THAT:
 
    1.  SECTION 7121 OF THE STATUTE, UNDER WHICH THE SCOPE OF NEGOTIATED
 GRIEVANCE PROCEDURES
 
    SHALL COVER ALL MATTERS WHICH MIGHT LAWFULLY BE SUBMITTED TO THOSE
 PROCEDURES EXCEPT FOR
 
    PARTICULAR MATTERS MUTUALLY AGREED BY THE PARTIES TO BE EXCLUDED,
 DOES NOT APPLY IN SITUATIONS
 
    WHERE THE PARTIES TO AN EXISTING AGREEMENT CONTAINING GRIEVANCE
 PROCEDURES NEGOTIATED UNDER
 
    SECTION 13 OF THE ORDER WISH TO MAINTAIN THOSE NEGOTIATED GRIEVANCE
 PROCEDURES.
 
    2.  HOWEVER, WHERE EITHER PARTY TO AN EXISTING NEGOTIATED AGREEMENT
 OBJECTS TO THE RENEWAL
 
    OR CONTINUATION OF THE EXISTING NEGOTIATED GRIEVANCE PROCEDURES,
 SECTION 7121 OF THE STATUTE
 
    REQUIRES THAT THE PARTIES RENEGOTIATE THE SCOPE OF THEIR GRIEVANCE
 PROCEDURES IN COMPLIANCE
 
    WITH THE PROVISIONS OF THAT SECTION.  UNDER SECTION 7121, THE
 GRIEVANCE PROCEDURES SO
 
    RENEGOTIATED WOULD COVER ALL MATTERS WHICH MIGHT LAWFULLY BE
 SUBMITTED TO THE NEGOTIATED
 
    GRIEVANCE PROCEDURES, EXCEPT THOSE MATTERS EXPRESSLY EXCLUDED BY
 AGREEMENT OF THE
 
    PARTIES.  PENDING SUCH RENEGOTIATION, THE CURRENT AGREEMENT MUST
 REMAIN IN EFFECT.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 19, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ FEDERAL LABOR RELATIONS AUTHORITY, NOTICE RELATING TO THE SCOPE
 OF THE NEGOTIATED GRIEVANCE PROCEDURES IN EXISTING AGREEMENTS, 44 F.R.
 28102 (MAY 14, 1979).  THIS NOTICE WAS ISSUED IN RESPONSE TO A REQUEST
 FOR A MAJOR POLICY DETERMINATION FROM THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES.
 
    /2/ IN ADDITION TO THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 THE FOLLOWING LABOR ORGANIZATIONS, AGENCIES, AND INDIVIDUALS SUBMITTED
 THEIR VIEWS TO THE AUTHORITY:  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO;  NATIONAL FEDERATION OF FEDERAL EMPLOYEES;  NATIONAL
 TREASURY EMPLOYEES UNION;  PROFESSIONAL AIR TRAFFIC CONTROLLERS
 ORGANIZATION;  ACTION;  FEDERAL HOME LOAN BANK BOARD;  GEORGIA NATIONAL
 GUARD;  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;  DEPARTMENT OF THE
 INTERIOR;  INTERNAL REVENUE SERVICE;  OFFICE OF PERSONNEL MANAGEMENT;
 SENATOR ORRIN G. HATCH;  AND MR. STEPHEN B. PACETTI.
 
    /3/ "GRIEVANCE" IS DEFINED BY SECTION 7103(A)(9) OF THE STATUTE AS
 FOLLOWS:
 
    7103.  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS (STATUTE)--
 
   .          .          .          .
 
 
    (9) "GRIEVANCE" MEANS ANY COMPLAINT--
 
    (A) BY ANY EMPLOYEE CONCERNING ANY MATTER RELATING TO THE EMPLOYMENT
 OF THE EMPLOYEE;
 
    (B) BY ANY LABOR ORGANIZATION CONCERNING ANY MATTER RELATING TO THE
 EMPLOYMENT OF ANY
 
    EMPLOYEE;  OR
 
    (C) BY ANY EMPLOYEE, LABOR ORGANIZATION, OR AGENCY CONCERNING--
 
    (I) THE EFFECT OR INTERPRETATION, OR A CLAIM OF BREACH, OF A
 COLLECTIVE BARGAINING
 
    AGREEMENT;  OR
 
    (II) ANY CLAIMED VIOLATION, MISINTERPRETATION, OR MISAPPLICATION OF
 ANY LAW, RULE, OR
 
    REGULATION AFFECTING CONDITIONS OF EMPLOYMENT(.)
 
    /4/ SEE, E.G., BUREAU OF PRISONS AND FEDERAL PRISON INDUSTRIES, INC.,
 WASHINGTON, DC AND COUNCIL OF PRISON LOCALS, AFGE, 73 FSIP 27, 3 FLRC
 352 (FLRC NO. 74A-24, JUNE 10, 1975, REPORT NO. 74).
 
    /5/ JOINT EXPLANATORY STATEMENT OF THE COMMITTEE ON CONFERENCE, H.R.
 REP. NO. 1717, 95TH CONG., 2D SESS. 157, REPRINTED IN (1978) U.S. CODE
 CONG. & AD. NEWS 2860, 2891.
 
    /6/ CONTRARY TO THE POSITION OF SEVERAL RESPONDING ORGANIZATIONS,
 MERE OBJECTION BY A PARTY TO THE CONTINUATION OF EXISTING NEGOTIATED
 GRIEVANCE PROCEDURES WOULD NOT, PER SE, EXTEND THE SCOPE OF THE EXISTING
 PROCEDURES, SINCE SECTION 7121 CONCERNS THE SCOPE OF GRIEVANCE
 PROCEDURES WHICH MAY BE NEGOTIATED BY THE PARTIES.
 
    /7/ APART FROM THE SCOPE OF THE NEGOTIATED GRIEVANCE PROCEDURES,
 SECTION 7121 OF THE STATUTE MANDATES THAT SUCH PROCEDURES SHALL PROVIDE
 FOR BINDING ARBITRATION OF ANY GRIEVANCES NOT SATISFACTORILY SETTLED
 UNDER THOSE PROCEDURES.  UNDER SECTION 13 OF EXECUTIVE ORDER 11491, AS
 AMENDED, IT WAS MANDATORY TO INCLUDE BINDING ARBITRATION AS PART OF A
 NEGOTIATED GRIEVANCE PROCEDURE.  THUS IT IS CLEAR THAT THE POLICIES OF
 SECTION 13 OF THE ORDER REGARDING ARBITRATION HAVE BEEN SUPERSEDED BY
 SPECIFIC PROVISIONS OF SECTION 7121 OF THE STATUTE, AND THEREFORE,
 PURSUANT TO SECTION 7135(B) OF THE STATUTE THOSE POLICIES OF THE ORDER
 ARE NO LONGER IN EFFECT.  OF COURSE, WHERE THE PARTIES TO AN AGREEMENT
 ENTERED INTO BEFORE THE EFFECTIVE DATE OF THE STATUTE HAVE NOT PROVIDED
 FOR BINDING ARBITRATION AS PART OF THE GRIEVANCE PROCEDURE, THEY MAY
 JOINTLY AGREE TO RENEW OR CONTINUE THE TERMS OF THAT AGREEMENT UNDER THE
 PROVISIONS OF SECTION 7135(A)(1) OF THE STATUTE.  HOWEVER, WHERE A LABOR
 ORGANIZATION OR AN AGENCY OBJECTS TO THE CONTINUATION OF A NEGOTIATED
 GRIEVANCE PROCEDURE INSOFAR AS IT HAS NO PROVISION FOR BINDING
 ARBITRATION, THEN SUCH OBJECTION WOULD PREVENT THE CONTINUATION OF THAT
 PARTICULAR PROVISION UNDER SECTION 7135(A)(1) OF THE STATUTE AND SECTION
 7121 WOULD APPLY.  IN SUCH A CASE, THEN, THE NEGOTIATED GRIEVANCE
 PROCEDURE SHALL PROVIDE FOR BINDING ARBITRATION OF GRIEVANCES NOT
 SATISFACTORILY SETTLED UNDER THE NEGOTIATED PROCEDURE.  SEE,
 INTERPRETATION AND GUIDANCE, FLRA NO. O-PS-1, REPORT NO. 1 (APRIL 19,
 1979).  SIMILARLY, TO THE EXTENT THAT SECTION 13 OF THE ORDER PROVIDED
 THAT QUESTIONS OF ARBITRABILITY MAY, OR IN CERTAIN CASES MUST, BE
 SUBMITTED TO THE ASSISTANT SECRETARY OF LABOR, SUCH POLICIES HAVE BEEN
 SPECIFICALLY SUPERSEDED BY THE STATUTE.  WHERE COLLECTIVE BARGAINING
 AGREEMENTS CONTAIN PROVISIONS CONFERRING JURISDICTION UPON THE ASSISTANT
 SECRETARY TO RESOLVE PROVISIONS CONFERRING JURISDICTION UPON THE
 ASSISTANT SECRETARY TO RESOLVE QUESTIONS OF ARBITRABILITY, SUCH
 PROVISIONS HAVE BEEN RENDERED VOID BY THE STATUTE.  THEREFORE,
 NEGOTIATED GRIEVANCE PROCEDURES MAY NOT CONFER JURISDICTION UPON THE
 ASSISTANT SECRETARY OR THE FEDERAL LABOR RELATIONS AUTHORITY TO RESOLVE
 SUCH QUESTIONS.  SECTION 7121 MANDATES THAT EACH COLLECTIVE BARGAINING
 AGREEMENT SHALL PROVIDE PROCEDURES FOR THE SETTLEMENT OF GRIEVANCES,
 INCLUDING QUESTIONS OF ARBITRABILITY AND UNLESS THE PARTIES, CONSISTENT
 WITH LAW, MUTUALLY AGREE OTHERWISE, SUCH PROCEDURES MUST BE READ AS
 PROVIDING THAT ALL QUESTIONS OF ARBITRABILITY NOT OTHERWISE RESOLVED
 SHALL BE SUBMITTED TO ARBITRATION.
 Federal Labor Relations Authority
1400 K Street, NW
Washington, DC 20424
771-444-5801 
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