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 46:1335(129)PS - - FSIP (Petitioner) - - 1993 FLRAdec PS - - v46 p1335
 46:1335(129)PS - - FSIP (Petitioner) - - 1993 FLRAdec PS - - v46 p1335
          
                              
          
          
        
        [ v46 p1335 ] 46:1335(129)PS
		   The decision of the Authority follows: 
	 **46 FLRA No. 129** 
	 **FEDERAL LABOR RELATIONS AUTHORITY** 
		**WASHINGTON, D.C.** 
		**_____** 
		**FEDERAL SERVICE IMPASSES PANEL** 
		**(Petitioner)** 
		**0-PS-32** 
		**_____** 
		**ORDER DENYING REQUEST FOR MAJOR POLICY RULING** 
		**February 5, 1993** 
		**_____** 
	 **Before Chairman McKee and Members Talkin and
		Armendariz.** 
	 I. Statement of the Case 
	 In accordance with section 2429.4 of the Authority's Rules and
		Regulations,(1) the Federal Service Impasses Panel
		(Panel) has requested the Authority to issue a ruling on the following
		issue: 
	 Is there a duty on the part of an agency to continue to cooperate
		  with impasse proceedings if a question concerning representation arises
		  following the Panel's assertion of jurisdiction over an
		  impasse? 
	 Panel Request at 2. 
	 For the reasons discussed below, we conclude that the issue involved in
		the Panel's request is not appropriate for resolution through the issuance of a
		general ruling. Accordingly, we will deny the request. 
	 II. Background 
	 The Panel states that it has before it a dispute where parties have
		reached impasse over the terms of an initial collective bargaining agreement.
		The Panel states further that after it asserted jurisdiction over the dispute,
		it was informed that a timely Decertification of Exclusive Representative (DR)
		petition had been filed. The Panel then determined to hold the case in abeyance
		pending resolution of the question concerning representation (QCR). 
	 According to the Panel, the Authority's decision in United States
		Department of Justice, United States Immigration and Naturalization Service and
		American Federation of Government Employees, AFL-CIO, National Border Patrol
		Council and American Federation of Government Employees, Local 2455 and
		International Brotherhood of Police Officers, 9 FLRA 253 (1982)
		(INS), dismissed as to other matters sub nom. United States
		Department of Justice, Immigration and Naturalization Service v. FLRA, 727
		F.2d 481 (5th Cir. 1984), provides "some guidance to employers as to their
		general obligations during the pendency of a QCR[.]" Panel Request at 2.
		However, the Panel states that "there is no existing Authority case law which
		explains to an employer what it should do . . . when a QCR arises following the
		commencement of impasse proceedings." Id. The Panel claims that, as a
		result, the Panel and the parties are unsure of their obligations and agencies
		risk violating the Statute if they act improperly. The Panel notes that the
		National Labor Relations Board (NLRB) has established and applies a general
		doctrine in similar cases arising under the National Labor Relations Act.(2) 
	 Following receipt of the Panel's request, the Authority requested from
		agencies, labor unions, and other interested persons written comments
		concerning whether the Authority should issue a general ruling on the question
		raised by the Panel and, if a ruling is issued, what it should be.
		57 Fed. Reg. 45058 (1992). Comments were not received from any
		agencies or labor unions. However, the General Counsel of the Authority
		submitted written comments stating that the Authority should issue the ruling
		requested by the Panel and, in such ruling, should adopt the policy articulated
		by the NLRB in RCA Del Caribe and Dresser Industries. The General
		Counsel asserts, in this regard, that "[t]he particular question raised by the
		Panel brings the entire [INS] doctrine into question." General Counsel
		Comments at 5. 
	 III. Discussion 
	 In INS, the Authority held, as relevant here, that an agency is
		"obligated to maintain existing conditions of employment during the pendency of
		[a QCR]." 9 FLRA at 255. The Authority also held that this obligation "would
		not prevent [an agency] from making changes in otherwise negotiable personnel
		policies, practices and matters affecting working conditions under all
		circumstances, such as where such changes were required consistent with the
		necessary functioning of the agency." Id. at n.2. 
	 The Panel notes correctly that there is no Authority precedent
		concerning what an agency "should do to 'maintain existing conditions of
		employment' when a QCR arises following the commencement of impasse
		proceedings." Panel Request at 2. The Panel does not suggest, in this
		connection, and it is not apparent, that different standards should apply to
		determine bargaining obligations during the pendency of a QCR depending on
		whether bargaining has resulted in an impasse before the Panel. As such, we
		agree with the General Counsel that the issue raised by the Panel brings into
		question the entire INS doctrine. However, we find that the record
		developed in connection with the Panel's request does not provide an adequate
		basis on which to examine, or determine in the context of a general ruling, the
		full spectrum of parties' rights and obligations with regard to bargaining
		during the pendency of a QCR. In this regard, we find that the nature and
		extent of such rights and obligations may well depend on the facts and
		circumstances of particular cases. Indeed, the INS doctrine itself
		expressly requires consideration of individual facts and circumstances.
		Accordingly, and noting that no labor unions or agencies filed comments in
		response to our request, we conclude that resolution of this issue is not
		appropriate in a general ruling. Therefore, we will deny the Panel's request. 
	 IV. Order 
	 The Panel's request is denied.FOOTNOTES:(If blank, the decision does not
		have footnotes.) 
	 1. That section, entitled "Referral of
		policy questions to the Authority[,]" provides, in pertinent part: 
	 Notwithstanding the procedures set forth in this subchapter, the . .
		  . Panel may refer for review and decision or general ruling by the Authority
		  any case involving a major policy issue . . . . Before decision or general
		  ruling, the Authority shall obtain the views of the parties and other
		  interested persons, orally or in writing, as it deems necessary and
		  appropriate. 
	 2. The Panel cites, among other cases,
		RCA Del Caribe, Inc., 262 NLRB 963 (1982) and Dresser Industries,
		Inc., 264 NLRB 1088 (1982). In RCA Del Caribe, the NLRB held, as
		relevant here, that "the mere filing of a representation petition by an
		outside, challenging union" will not "require or permit an employer to withdraw
		from bargaining or executing a contract with an incumbent union." 262 NLRB at
		965 (footnote omitted). In Dresser Industries, the NLRB held that "the
		mere filing of a decertification petition" will not "require or permit an
		employer to withdraw from bargaining or executing a contract with an incumbent
		union." 264 NLRB at 1089 (footnote omitted).
 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