Jump to Navigation


FLRA.gov
                                  
                                  U.S. Federal Labor Relations Authority

                  RSS FEEDS 
Search form

Search
        
        Menu eFilingAvailable Here
                Home

About
    Introduction to the FLRA

Mission

Budget & Performance

Organizational Chart

FLRA Leadership

Press Releases

Public Affairs

FLRA Job PostingsOur Mission

Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

Feedback about www.FLRA.gov

Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov.

Components & Offices
    Components
    The Authority

Office of the General Counsel

The Federal Service Impasses PanelOffices
    Office of Administrative Law Judges

Collaboration and Alternative Dispute Resolution Office (CADRO)

Office of Case Intake and Publication

Office of the Executive Director

Office of Inspector General

Office of the SolicitorIs the FLRA hiring?

Find a listing of all of the FLRA's current job openings.

Contact Us

Find a listing of FLRA contacts that you can call for more information.

Case Types
    File a Case

Unfair Labor Practice

Representation

Arbitration

Negotiability

Negotiation Impasse

Other TypesReady to file a case?

Find everything you need to know about filing a case with the FLRA.

Decisions
    Authority Decisions

Administrative Law Judges Decisions

Federal Service Impasses Panel Decisions

Solicitor's Briefs and Court Decisions

Archival Decisions, Legislative History, & Foreign Service Decisions

Quarterly Digest of Authority DecisionsQuarterly Digest of Authority Decisions

Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority.

Archival Decisions

Find historical decisions of the Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions.

Legislative History

View the legislative history of the Federal Service Labor-Management Relations Statute, the Civil Service Reform Act, and the Foreign Service Act.

Resources & Training
    Resources
    Quarterly Digest of Authority Decisions

The Statute & Regulations

Information by Case Type

Policy Statements

Guides & Manuals

Forms & ChecklistsTraining
    Upcoming FLRA Training

Training Contacts

FLRA on YouTube

Course Materials

Video Training

Customer FeedbackFLRA Training on YouTube

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]
 Decision on Request for General Statement of Policy or Guidance 
          
                              
          
          
        
        [ v03 p361 ]
 03:0361(56)PS
 
 The decision of the Authority follows:
 
 
 
 
 
 3 FLRA No.56
 
                                            Case No. 0-PS-17
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL TREASURY EMPLOYEES
 UNION (NTEU) THAT THE AUTHORITY ISSUE A MAJOR POLICY DETERMINATION
 CONCERNING THE QUESTION OF WHETHER AN AGENCY IS REQUIRED TO MAINTAIN THE
 STATUS QUO WHEN THE EXCLUSIVE REPRESENTATIVE APPEALS THE AGENCY'S
 DETERMINATION THAT A PROPOSAL IS NONNEGOTIABLE PURSUANT TO SECTION 7117
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.  /1/
 
    THE SPECIFIC MATTER AT ISSUE, SUBSTANTIALLY AS STATED BY NTEU, IS AS
 FOLLOWS:
 
    WHETHER THE PROVISIONS OF THE STATUTE REQUIRE AN AGENCY ENGAGED IN
 NEGOTIATIONS WITH THE
 
    EXCLUSIVE REPRESENTATIVE TO MAINTAIN THE STATUS QUO WHEN THE
 EXCLUSIVE REPRESENTATIVE PURSUANT
 
    TO SECTION 7117 OF THE STATUTE APPEALS TO THE AUTHORITY THE AGENCY'S
 DETERMINATION THAT A
 
    PROPOSAL OF THE EXCLUSIVE REPRESENTATIVE IS NONNEGOTIABLE.
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND HAS
 DETERMINED THAT IT DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
 OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
 OF THE AUTHORITY'S RULES AND REGULATIONS, 45 F.R. 3516, WHICH PROVIDES
 IN PERTINENT PART:
 
    SEC. 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
 POLICY AND GUIDANCE.
 
    IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
 GUIDANCE, THE AUTHORITY SHALL
 
    CONSIDER:
 
    (A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
 BY OTHER MEANS;
 
    (B) WHERE OTHER MEANS ARE AVAILABLE, WHETHER AN AUTHORITY STATEMENT
 WOULD PREVENT THE
 
    PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR QUESTION(.)
 
    THE QUESTION PRESENTED IN THIS REQUEST FOR A MAJOR POLICY
 DETERMINATION CAN BE MORE APPROPRIATELY RESOLVED BY OTHER MEANS.  AS
 NTEU ITSELF POINTS OUT IN ITS REQUEST, PROCEDURES ARE PROVIDED IN THE
 STATUTE AND APPROPRIATE REGULATIONS FOR THE RESOLUTION OF UNFAIR LABOR
 PRACTICES, SUCH AS A REFUSAL TO NEGOTIATE IN GOOD FAITH.  MOREOVER,
 WHERE AN AGENCY ENGAGED IN NEGOTIATIONS ALLEGED TAKES UNILATERAL ACTION
 TO ALTER THE STATUS QUO AND THEREBY FAILS TO MEET ITS OBLIGATION TO
 BARGAIN IN GOOD FAITH, THE UNFAIR LABOR PRACTICE PROCEDURES PROVIDE AN
 APPROPRIATE MECHANISM TO RESOLVE ISSUES OF FACT AND LAW RELATING
 THERETO.
 
    AUTHORITY ACTION ON THIS REQUEST ALSO IS NOT WARRANTED SINCE IT WOULD
 NOT PREVENT THE PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR
 QUESTION.  IN THE REQUEST, IT IS INDICATED THAT THE QUESTION PRESENTED
 IS CURRENTLY FACING MANY OTHER PARTIES.  HOWEVER, GIVEN THE VARIETY OF
 DISPUTED CIRCUMSTANCES WHEREIN SUCH ISSUES COULD BE INVOLVED, ISSUANCE
 OF AN AUTHORITY STATEMENT WOULD NOT NECESSARILY BE DISPOSITIVE OF
 POSSIBLE CASES GROWING OUT OF OTHER CIRCUMSTANCES.
 
    ACCORDINGLY, THE REQUEST FOR A MAJOR POLICY DETERMINATION IS DENIED.
 
    ISSUED, WASHINGTON, D.C., JUNE 10, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ SECTION 7117 OF THE STATUTE PROVIDES IN PERTINENT PART:
 
    SEC. 7117.  DUTY TO BARGAIN IN GOOD FAITH;  COMPELLING NEED;  DUTY TO
 CONSULT
 
   .          .          .          .
 
 
    (B)(1) IN ANY CASE OF COLLECTIVE BARGAINING IN WHICH AN EXCLUSIVE
 REPRESENTATIVE ALLEGES
 
    THAT NO COMPELLING NEED EXISTS FOR ANY RULE OR REGULATION REFERRED TO
 IN SUBSECTION (A)(3) OF
 
    THIS SECTION WHICH IS THEN IN EFFECT AND WHICH GOVERNS ANY MATTER AT
 ISSUE IN SUCH COLLECTIVE
 
    BARGAINING, THE AUTHORITY SHALL DETERMINE UNDER PARAGRAPH (2) OF THIS
 SUBSECTION, IN
 
    ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE AUTHORITY, WHETHER SUCH
 A COMPELLING NEED
 
    EXISTS.
 
   .          .          .          .
 
 
    (C)(1) EXCEPT IN ANY CASE TO WHICH SUBSECTION (B) OF THIS SECTION
 APPLIES, IF AN AGENCY
 
    INVOLVED IN COLLECTIVE BARGAINING WITH AN EXCLUSIVE REPRESENTATIVE
 ALLEGES THAT THE DUTY TO
 
    BARGAIN IN GOOD FAITH DOES NOT EXTEND TO ANY MATTER, THE EXCLUSIVE
 REPRESENTATIVE MAY APPEAL
 
    THE ALLEGATION TO THE AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SUBSECTION.
 Federal Labor Relations Authority
1400 K Street, NW
Washington, DC 20424
771-444-5801 
Footer Menu Col1
        
    Home
About Us
Components & Offices
Contact Us 
Footer Menu Col2
        
    Case Types
Decisions
Resources & Training 
Promo Menu Block
        
    eFilingAvailable Here
      
            Footer Secondary Menu
        
    FOIA
Inspector General
No FEAR Act & EEO
Whistleblower Protection
Vulnerability Disclosure
OpenGov
508 Compliance
Privacy Policy