Thirty-three years – promoting and protecting labormanagement relations for effective, efficient government.

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U.S. FEDERAL LABOR RELATIONS AUTHORITY

CONGRESSIONAL BUDGET JUSTIFICATION
UNITED STATES

FEDERAL LABOR RELATIONS AUTHORITY

Congressional Budget Justification

Fiscal Year 2013
TABLE OF CONTENTS

U.S. FEDERAL LABOR RELATIONS AUTHORITY.......................................1

Background and Mission .................................................................................................................1

Organizational Structure ..................................................................................................................1

Agency Trends and Challenges .......................................................................................................4

ANNUAL PERFORMANCE PLAN......................................................................9

Strategic and Performance Planning Framework ............................................................................9

Goal 1: Provide Timely Review and Disposition of Unfair Labor Practice Cases.......................12

Goal 2: Provide Timely Review and Disposition of Representation Cases..................................14

Goal 3: Provide Timely Review and Disposition of Arbitration Cases........................................16

Goal 4: Provide Timely Review and Disposition of Negotiability Cases ....................................16

Goal 5: Provide Timely Review and Disposition of Bargaining Impasse Cases..........................17

Goal 6: Use Collaboration Techniques and Alternative Dispute Resolution Services to

Minimize and/or Resolve Labor-Management Disputes..................................................18

Goal 7: Modernize Agency Information Technology Business Systems to Support

and Enhance Program Achievement ................................................................................21

Goal 8: Develop, Manage, and Utilize the FLRA’s Human Capital to Meet Program

Needs................................................................................................................................22

BUDGET JUSTIFICATION ................................................................................24

FY 2013 Appropriation Language .................................................................................................24

Appropriation Request...................................................................................................................24

Change from FY 2012 ...................................................................................................................25

Program and Financing Schedule ..................................................................................................31

Object Classification Schedule ......................................................................................................32

Employment Summary Schedule...................................................................................................32

Inspector General Resources..........................................................................................................33
1

U.S. FEDERAL LABOR RELATIONS AUTHORITY

BACKGROUND AND MISSION

The U.S. Federal Labor Relations Authority (FLRA) is the sole agency responsible for 

establishing policies and guidance regarding the labor-management relations program for 1.6 

million non-Postal, Federal employees worldwide, approximately 1.1 million of whom are 

represented in 2,200 bargaining units. The FLRA was created by Title VII of the Civil Service 

Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute 

(the Statute). The agency’s real genesis, however, dates from the issuance of Executive Order 

10988 by President Kennedy in 1962. Executive Order 10988 established the first governmentwide, labor-management relations program within the Federal government. In 1970, President 

Nixon established the Federal Labor Relations Council by Executive Order 11491 to administer 

the Federal labor-management relations program and to make final decisions on policy questions 

and major disputes arising under the Order. Executive Order 11491, as amended, was the basis 

for President Carter’s proposal to Congress to create the Federal Labor Relations Authority as an 

independent agency.

The Statute protects the rights of Federal employees to form, join, or assist a labor organization 

or to refrain from such activity freely and without fear of penalty or reprisal. These rights 

include acting for a labor organization as a representative and, in that capacity, presenting the 

views of the organization. Employees also have the right to engage in collective bargaining with 

respect to conditions of employment through representatives chosen by the employees 

themselves.

The mission of the FLRA is to promote stable, constructive labor-management relations in the 

Federal government by resolving and assisting in the prevention of labor disputes in a manner 

that gives full effect to the collective-bargaining rights of employees, unions, and agencies. 

Although the FLRA is a small agency, accomplishing its mission, including the timely, quality 

resolution of disputes, is essential for program performance government-wide. If a labormanagement dispute in another agency remains unresolved for too long, the mission 

accomplishment in that agency likely will suffer.

ORGANIZATIONAL STRUCTURE

The FLRA consists of the Authority, the Office of the General Counsel, and the Federal Service 

Impasses Panel. The agency also provides full staff support to two other organizations, the 

Foreign Service Impasse Disputes Panel and the Foreign Service Labor Relations Board.
2

U.S. Federal Labor Relations Authority

The Authority

The Authority is composed of three full-time Members appointed by the President with the 

advice and consent of the Senate. The Members are appointed for five-year, staggered terms and 

one Member is designated by the President to serve as Chairman, who acts as the agency’s chief 

executive and administrative officer. The Authority is empowered to: resolve disputes over the 

negotiability of proposals made in collective bargaining; decide whether conduct alleged in a 

complaint constitutes an unfair labor practice (ULP); resolve exceptions to grievance arbitration 

awards; and review the decisions of Regional Directors in representation disputes over union 

elections and unit determinations.

The Authority appoints Administrative Law Judges (ALJs) to hear and prepare decisions in cases 

involving alleged ULPs, as well as decisions involving applications for attorney fees filed 

pursuant to the Back Pay Act or the Equal Access to Justice Act. The Office of the 

Administrative Law Judges (OALJ) also provides settlement opportunities in all ULP cases. 

Decisions of the ALJs may be appealed to the Authority.

FOREIGN

SERVICE

LABOR

RELATIONS

BOARD

FOREIGN

SERVICE

IMPASSE

DISPUTES PANEL

AUTHORITY

MEMBERS

(2)

FEDERAL

SERVICE

IMPASSES

PANEL

GENERAL

COUNSEL

CHIEF COUNSEL 

TO THE 

CHAIRMAN

CHIEF COUNSELS

(ONE TO EACH

MEMBER)

& STAFF

COLLABORATION

AND

ALTERNATIVE

DISPUTE

RESOLUTION

PROGRAM

REGIONAL

OFFICES

(7)

OFFICE OF THE

EXECUTIVE

DIRECTOR

OFFICE OF THE

SOLICITOR

OFFICE OF THE

ADMINISTRATIVE

LAW JUDGES

OFFICE OF THE

INSPECTOR

GENERAL

EQUAL

EMPLOYMENT

OPPORTUNITY

PROGRAM

CASE INTAKE

AND

PUBLICATION

DIVISION

HUMAN

RESOURCES

DIVISION

ADMINISTRATIVE

SERVICES

DIVISION

INFORMATION

RESOURCES

MANAGEMENT

DIVISION

BUDGET AND

FINANCE

DIVISION

AUTHORITY 

CHAIRMAN AND 

CHIEF 

EXECUTIVE 

OFFICER
3

The Office of the Solicitor represents the Authority in court proceedings. Parties aggrieved by 

certain Authority decisions may institute an action for judicial review within 60 days after the 

decision issues. The Authority may also seek enforcement of its orders, temporary relief or 

restraining orders in the appropriate U.S. court of appeals or district court.

The Office of the General Counsel

Appointed for a five-year term by the President with the advice and consent of the Senate, the 

General Counsel has independent Statutory responsibility for investigating ULP charges and for 

filing and prosecuting ULP complaints. Pursuant to the Statute, the General Counsel has direct 

authority over, and responsibility for, all employees in the Office of the General Counsel (OGC), 

including those in the regions. The Regional Offices, on behalf of the General Counsel, 

investigate and resolve alleged ULPs, file and prosecute ULP complaints, and provide Statutory 

training and alternative dispute resolution (ADR) services. In addition, through delegation by 

the Authority, the Regional Offices process representation petitions and conduct secret ballot

elections.

The General Counsel has a small staff in FLRA Headquarters, located in Washington, DC. 

Headquarters management staff provides administrative oversight; develops policies, guidance, 

procedures, and manuals that provide programmatic direction for the OGC’s seven Regional 

Offices and training and education for the parties; and processes appeals from dismissal of ULP 

charges. Each Regional Office has a Regional Director who provides leadership and 

management expertise for the respective region.

Atlanta Regional 

Office

Boston Regional 

Office

Chicago Regional 

Office

Dallas Regional 

Office

Denver Regional 

Office

San Francisco 

Regional Office

Washington DC 

Regional Office
4

The Federal Service Impasses Panel

The Federal Service Impasses Panel (FSIP or the Panel) resolves impasses between Federal 

agencies and unions representing Federal employees arising from negotiations over conditions of 

employment under the Statute and the Federal Employees Flexible and Compressed Work 

Schedules Act. The Chairman and six other Members of the Panel are appointed by the 

President for five-year terms. If bargaining between the parties, followed by mediation 

assistance, does not result in a voluntary agreement, then either party or the parties jointly may 

request the FSIP’s assistance.

Following a preliminary investigation by its staff, the Panel may determine to assert jurisdiction 

over the request. If jurisdiction is asserted, then the FSIP has the authority to recommend and/or 

direct the use of various ADR procedures. These include informal conferences, additional 

mediation, fact-finding, written submissions, and mediation-arbitration by Panel Members, the 

Panel’s staff, or private arbitrators. If the parties still are unable to reach a voluntary settlement, 

then the FSIP may take whatever action it deems necessary to resolve the dispute, including 

imposition of contract terms through a final action. The merits of the FSIP’s decision may not be 

appealed to any court.

AGENCY TRENDS AND CHALLENGES

The Federal government faces significant financial challenges today, requiring major changes 

that will have a significant impact on the Federal workforce as well as the effectiveness and 

efficiency of agency operations. These challenges also present an opportunity for Federal 

agencies and Federal employees and their representatives to realign, re-tool and reassess how 

they do their work to bring about effective changes within government. In addressing these

challenges, the FLRA, which has demonstrated a significant, marked improvement in the 

delivery of its services that have a direct bearing on how well and quickly any improvements in 

government operations can be effectuated, is an essential component to bringing about real 

change within the Federal government. These adjustments and changes will inevitably generate 

representation cases, and collective-bargaining may be necessary for the implementation of the 

changes.

President Obama’s call for the reorganization of Federal agencies – described as the most 

aggressive reorganization of the Federal government in at least half a century – will also 

undoubtedly involve changes in the way Federal agencies deliver services and will include 

merging and consolidating operations, moving offices, implementing new technologies, and 

other changes that have to be resolved expeditiously to ensure that high-quality services can 

continue to be provided to the American public. In January 2012, for example, the President 

sought authority to reorganize Federal trade and business-related functions within the U.S. 

Department of Commerce and other organizations. The FLRA’s services will be critical in 

facilitating orderly, efficient and effective change within the Federal government.

The FLRA's rebuilding efforts since FY 2009, which have been fueled by the effective 

management of resources and the hard work and dedication of agency leadership and employees, 

are showing real, measurable results. FY 2011 was yet another year of improved performance
5

for the FLRA, including sustaining the dramatic and unprecedented increases in employee 

satisfaction and morale that were reported in FY 2010. These accomplishments provide solid 

evidence that the FLRA is on the right track in emphasizing mission accomplishment and 

performance improvement through transparency, employee engagement, and collaboration. 

Moreover, the FLRA continues to improve its efficiency by engaging in new and innovative 

ways to conduct business, successfully holding the first-ever large scale electronic election 

involving 43,000 Transportation Security Administration employees, and in collaboration with 

the U.S. Department of Veterans Affairs, developing and launching web-based interactive 

training on Executive Order 13522, Creating Labor-Management Forums to Improve Delivery of 

Government Services, and bargaining over 5 U.S.C. § 7106(b)(1) matters, allowing the agency to 

deliver critical training across the government to employees right at their desks at no cost. 

With respect to its mission accomplishments, the FLRA again made vast improvements in 

providing customers with the timely, quality dispute resolution services that they deserve. In this 

respect, the Authority issued 232 merits decisions in FY 2011, beating FY 2009 and FY 2010 by

20 decisions and ten decisions, respectively – more decisions than in any year since FY 2003. 

Since February of FY 2009, the Authority has reduced its pending case inventory by 77 percent –

from 394 to 93, its overage case inventory by 87 percent – from 269 to 34, and the average age 

of pending cases by 116 days or 43 percent – from 270 to 154 days.

Furthermore, the OGC increased its productivity in FY 2011 by 21 percent over FY 2009. 

Beginning in FY 2010, the OGC eliminated a backlog of more than 340 complaint cases and 

more than 800 appeals, and in FY 2011, the office closed more than 4,400 ULP cases and held

20 trials. The OGC also closed close to 300 representation cases and conducted 35 elections.

An example of the critical importance of the work performed in the OGC is playing out in 

Federal agencies throughout the government right now – all Federal agencies, and particularly 

the U.S. Department of Defense, are restructuring to bring efficiency to their operations. These 

reorganizations often result in disputes over which union represents which bargaining unit 

employees. For example, the Department of the Navy conducted a reorganization that affected 

over 1,400 nonprofessional employees who were represented by different unions in over 25 

bargaining units. Through elections quickly conducted by the OGC, three unions became the 

exclusive representatives of three bargaining units of employees. Without timely OGC 

intervention, the agency would have been bogged down, potentially for years, in representation 

disputes.

In addition, Customs and Border Protection recently opened and staffed (with bargaining unit 

employees) a Forward Operating Base close to the Mexican border in an area known for illegal 

and violent activity, without providing the union prior notice and an opportunity to bargain about 

the impact and implementation of the decision to open the base. Through OGC intervention in 

the case, the dispute was settled. A delay in resolution of this bargaining dispute could have 

impeded the agency’s ability to continue performing its mission, which is critical to national 

security along the border.

The OALJ also resolved cases at an expeditious pace with more than 500 cases on their docket in 

the last two years. Of significant import is that the ALJs had to hold fewer than 50 trials over the 
6

last two years, due to their considerable settlement efforts that resulted in cases being resolved 

without a trial. For instance, the OALJ’s settlement judge recently assisted the Bureau of Prisons 

in resolving a dispute about overtime and back pay. The agency was accused of failing to 

comply with an arbitration award that required it to start paying overtime for certain positions 

and to provide back pay to those who previously worked such overtime. The settlement judge 

was able to assist the parties in the negotiation of an agreement that reduced the number of 

positions to which overtime had to be paid. This saved the agency the cost of paying overtime 

for the eliminated positions and did so under terms agreed to by the parties, rather than imposing 

a resolution upon them in a judicial decision. The parties and the FLRA also avoided the cost of 

fully litigating the matter before an ALJ in a due process hearing.

In addition, the FSIP – which continues to experience increased case filings – has also showed 

improved performance outcomes. In particular, over the last two years, the FSIP closed more 

cases each year than it had in FY 2008 and FY 2009, and with its commitment to obtaining

settlements rather than issuing decisions, returned the FSIP to its original guiding philosophy that 

the voluntary settlement of bargaining impasses is the most effective and efficient form of 

dispute resolution.

In a recent case involving the Social Security Administration (SSA), for example, the FSIP 

conducted a mediation-arbitration proceeding to resolve the parties’ impasse over the floor plan 

for the SSA’s newly-relocated Ironton Field Office. With the Panel’s assistance, the parties 

reached a voluntary settlement of their dispute. Because of the Panel’s prompt action in 

resolving the impasse, the SSA was able to submit the floor plan to the General Services 

Administration in time to prevent taxpayers from having to pay rent at two locations while 

construction of the facility was being completed. Moreover, to date, the FSIP has two other SSA 

field office cases involving the same scenario where prompt Panel action is expected to prevent 

unnecessary taxpayer expenditures.

In FY 2011, the FLRA’s Collaboration and Alternative Dispute Resolution Office (CADRO) 

worked with parties to resolve or narrow their disputes in pending cases. As a result, close to 20 

pending cases were expeditiously resolved with no further need for litigation, getting the parties 

back to conducting the business of government. Most noteworthy are a number of cases that 

involved complex, long-standing disputes that the parties had expended resources over for many 

years, and were able to resolve with the assistance of the CADRO.

Most recently, the CADRO assisted the Federal Protective Service to quickly resolve a critical 

training issue concerning qualifications to carry a firearm. The agency and union representatives 

had been unsuccessfully negotiating this issue for close to two years. In little over one month 

from the time the agency and labor representatives first met with the CADRO, the parties agreed 

on the training issue, which affected how law enforcement officers will protect the public and 

protect high-profile officials. In another case involving a large U.S. military installation, a 

CADRO intervention permitted an agreed-upon-enhancement of installation security practices.

The case was completed only sixteen days after the parties first met with the CADRO 

representative. The bargaining dispute first arose in the workplace some eight months before the 

CADRO intervention.
7

Further, the FLRA will continue its deep involvement in the successful implementation of

Executive Order 13522. In fact, the FLRA was identified as a critical resource for both labor and 

management in the Executive Order. The FLRA, in cooperation with the Federal Mediation and 

Conciliation Service, has assisted agencies across government in implementing the Order and 

setting up their forums, by providing training that has been repeatedly praised by the National 

Council on Federal Labor-Management Relations. Serving as this critical resource, the FLRA is 

providing, and will continue to provide, training, materials, and facilitation to labor-management 

forums across the Federal government and agencies, including those participating in section 

7106(b)(1) bargaining pilots under section 4 of the Order. The FLRA will continue supporting 

forums and pilots through education on interest-based bargaining techniques and consensus 

decision-making and by providing facilitation services to ensure their success. These efforts are 

consistent with the FLRA’s initiatives to reduce litigation and its related costs throughout the

government by assisting parties to resolve their disputes through collaboration and other ADR 

techniques.

The FLRA also built upon its leadership role in labor-management relations by delivering more 

than 330 training, outreach, and facilitation sessions in FY 2011 to nearly 12,000 practitioners. 

The FLRA has also re-engaged with the labor-management community by issuing numerous 

press releases, conducting town halls, and holding focus groups on agency processes and 

procedures. Among the external initiatives that will be important in FY 2013 is training and 

education for labor and management representatives and others, including arbitrators. Indeed, 

requests for training are received daily in all the FLRA’s components, and this demand is 

expected to continue if not increase. Having the capacity to provide training on rights and 

responsibilities under the Statute as well as other matters, such as ADR, reduces the number and 

complexity of labor-management disputes submitted to the FLRA and otherwise enhances 

government performance. The FLRA will also continue to partner with Federal agencies to 

identify training needs and resources to meet those needs.

In 2010, the FLRA was named the Most Improved Small Agency by the Partnership for Public 

Service. Building upon this success in 2011, the FLRA again placed among the top of the Most 

Improved Small Agencies, moving from the #1 ranking that it captured in 2010 to the #2 ranking 

for 2011. Also in 2011, the FLRA captured the #7 small agency ranking in the Best Places to 

Work in the Federal Government, making a significant jump from its #20 ranking held in 2010. 

Identified as an "agency on the rise," the FLRA built upon its 2010 successes – where it achieved 

a dramatic and unprecedented improvement of more than 250 percent – recording an additional

twelve percent increase in its 2011 Best Places to Work score. The FLRA's achievements are 

particularly noteworthy given that just two years ago the agency placed last in the 2009 rankings 

of small agencies. Most notable for 2011 are the FLRA’s rankings for certain “Best in Class” 

categories – taking 2nd, 3rd and 4th place in Teamwork, Effective Leadership, and Employee 

Skills/Mission Match, respectively. FLRA employees’ response rate was 75 percent –

significantly greater than the government-wide rate of 49 percent. The agency increased in all 

four human capital indices, scoring 76 percent in leadership and knowledge management, 66 

percent in talent management, 71 percent in results-oriented performance culture, and 74 percent 

in job satisfaction – each exceeding the government-wide average. The FLRA analyzes the 

survey results each year to maintain agency strengths, taking steps to improve areas where there 

are relative weaknesses, and to evaluate employee satisfaction levels.
8

Over the last two and a half years, the FLRA has taken substantial steps to address the serious 

human capital, performance management, and employee morale issues that had developed over 

many years at the FLRA. The recent dramatic increases in positive responses reflects both the 

commitment of agency leadership to managing the FLRA with transparency and accountability 

and engaging employees at all levels, and the commitment and dedication of all FLRA 

employees. Consistent with the significant increase in employee morale and satisfaction is the 

significant, marked improvement in the FLRA's mission performance and delivery of services to 

its customers.

Moving forward, the FLRA will continue to take steps necessary to increase confidence in the 

agency’s leadership, its management, and staff to accomplish its important mission of providing 

guidance in resolving labor-management disputes in the Federal sector. The FLRA’s growth in 

staffing over the past three years – increasing from 114 full-time equivalents (FTEs) in FY 2009

to 131 in FY 2011 – is significant yet small in comparison to the more than 200 FTEs that 

performed the mission a decade ago. Furthermore, the FLRA’s significant performance 

improvements over the past three years – reducing the Authority’s overall and overage inventory 

by 77 percent, increasing productivity in the OGC by 21 percent, and resolving three quarters of 

FSIP’s caseload through voluntary settlements – demonstrates that our small agency can do big 

things with even modest increases in staffing and resources. A renewed and revitalized FLRA 

depends, not only on funding, but also creativity in using existing resources as well as vigorous 

dedication to improving program performance, agency management, and employee morale and 

satisfaction.
9

ANNUAL PERFORMANCE PLAN

STRATEGIC AND PERFORMANCE PLANNING FRAMEWORK

The FLRA’s performance planning framework is based on the FY 2010 – 2015 Strategic Plan, 

and is supported by the Annual Performance Plan. The FLRA Performance Plan reflects the 

agency’s commitment to establishing measures that will enable it to assess performance 

outcomes, align resources, and effectively identify staffing and training needs for future years. 

To accomplish its mission, the FLRA has established the following four strategic goals.

FLRA Strategic Goals

1. Achieve superior customer service.

2. Develop leaders at every level to meet goals and position the agency for the future.

3. Advance performance through organizational and management excellence.

4. Develop, empower, and engage FLRA employees to meet program needs and improve job 

satisfaction.

The agency seeks to achieve its strategic goals primarily through the timely review and 

disposition of cases. The FLRA supplements these efforts with a focus on reducing litigation 

and its attendant costs by helping the parties resolve their own disputes through collaboration,

alternative dispute resolution (ADR), and labor-management cooperation activities. These 

efforts are further supported by the FLRA’s focus on internal improvements in information 

technology (IT) and more effective and efficient use of human capital.

FY 2013 Performance Goals

1. Provide timely review and disposition of unfair labor practice cases.

2. Provide timely review and disposition of representation cases.

3. Provide timely review and disposition of arbitration cases.

4. Provide timely review and disposition of negotiability cases.

5. Provide timely review and disposition of bargaining impasse cases.

6. Use collaboration techniques and alternative dispute resolution services to minimize and/or 

resolve labor-management disputes.

7. Modernize agency information technology business systems to support and enhance 

program achievement.

8. Develop, manage, and utilize the FLRA’s human capital to meet program needs.

Timeliness

Improvements in the quality and timeliness of case dispositions further the FLRA’s critical role in 

facilitating orderly, efficient and effective change within the Federal government. The agency

affects how well and quickly improvements in government operations can be implemented. 
10

Changes within the Federal government inevitably affect employee working conditions and 

implicate bargaining rights. Unless management and labor can timely reach agreements or, failing 

that, have their disagreements resolved expeditiously, the mission accomplishment in that agency 

may suffer. This is particularly relevant now as Federal agencies are making significant 

adjustments and changes in how they perform their missions in order to meet necessary reductions 

in response to the current budget environment. Moreover, the core purpose of the Federal Service 

Labor-Management Relations Statute (the Statute) is to promote collective bargaining as a means 

of fostering improved employee performance and government operations. Failure by the FLRA to 

process cases in a timely manner adversely affects employee performance and government 

operations.

Alternative Dispute Resolution

The FLRA established the Collaboration and Alternative Dispute Resolution Program to place 

greater emphasis on the use of ADR to resolve workplace disputes. The program offers ADR 

services in pending unfair labor practice (ULP), representation, negotiability, and bargaining 

impasse disputes at every step – from investigation and prosecution to the adjudication of cases 

and resolution of bargaining impasses. Throughout the years, the Collaboration and Alternative 

Dispute Resolution Office (CADRO), as well as the Office of the General Counsel (OGC) and the 

Office of the Administrative Law Judges (OALJ), have conducted on-site and telephone 

interventions in hundreds of cases pending before the FLRA. In over 85 percent of the cases, 

CADRO interventions result in either the full resolution of the underlying disputes or withdrawal 

of the pending case. In addition, the OGC has placed a renewed emphasis on resolving ULP and 

representation disputes, both before and after charges and petitions are filed. The OGC’s ULP 

regulations were amended to include references to the office’s encouragement of pre-and post 

charge settlements, and field agents have been trained in ADR techniques to facilitate amicable 

resolution of disputes between the parties.

Information Technology

The agency makes extensive use of automation and technology systems to promote an efficient 

and effective FLRA and to meet its timeliness goals. Continuing the progress started in FY 2009 

on the new cloud-based Case Management System (CMS), the FLRA migrated away from 

Oracle, the legacy CMS, and implemented the new CMS. The agency will experience a savings 

by reducing storage and infrastructure, eliminating Oracle licenses, and eliminating the need for 

an Oracle database administrator. Additionally, the agency identified and procured a second 

cloud-based solution in FY 2011 to track and report Freedom of Information Act requests. The 

FLRA will continue to identify other cloud solutions that are both secure and cost-effective to 

replace costly existing systems.

Consistent with the Telework Enhancement Act of 2010, the FLRA is embarking on a program 

to increase telework beyond its current 65 percent participation rate. Mobile employees require a 

more agile IT support system. The initiative to move information systems to the cloud will 

ensure that agency personnel and customers have anywhere/anytime access to not only the 

resource but also to the enhanced IT support provided by the cloud vendor. This will facilitate 
11

teleworking capabilities, reduce costs, and continue to reinforce the ability of the FLRA to meet 

the expectations of its customers.

In addition, in FY 2011, the OGC began to conduct representation elections that provide Federal 

employees remote access voting. The FLRA also completed transition from the General 

Services Administration’s FTS2001 contract for telecommunication services to the new Networx

contract, and the agency will begin to experience a savings in related costs in FY 2012. The 

FLRA is also in the process of implementing Homeland Security Presidential Directive-12 to 

support secure physical and logical access.

The FLRA continues to improve its website tools and resources for the public. For example, the

agency has improved its on-line search capability for Authority manuals, decisions, and 

guidance. The Authority posts decisions on the FLRA website within 24 hours, reducing the 

need for costly, voluminous printed manuals. In FY 2012, the FLRA will make available all 

decisions from the OALJ.

With respect to cybersecurity and Federal Information Security Management Act compliance, 

the FLRA has implemented the Trusted Internet Connection and fully implemented a mandatory 

set of processes and system controls to ensure the confidentiality, integrity, and availability of 

system-related information and information resources. This includes continuous monitoring, 

development, and enforcement of agency information assurance policies, and continuing 

mitigation of security issues and threats.

Human Capital

The FLRA and the Union of Authority Employees are working together through its LaborManagement Forum (the forum) to continue to focus on improving all aspects of employee work

life, including: providing workplace flexibilities, such as development and implementation of a 

new alternative work schedule policy; developing a new performance management system; 

increasing access to telework; holding a health benefits fair; sharing work experiences and 

stimulating career interests through a “bring your child to work” day; sponsoring a blood drive; 

establishing collaborative workgroups to address workplace issues; and increasing internal 

communication between and among employees at all levels. The forum also began work in FY 

2011 on recognizing diversity through special emphasis programs and updating employee 

awards program policies.

With respect to employee development and succession planning, the agency continued its 

commitment to develop employees through developmental details in the OGC and leadership

development and skills-based training programs. The agency also began an initiative to identify 

the core competencies for its mission-critical positions and conduct a training needs assessment 

to assist in future planning. To supplement training, the agency began an educational series with 

briefings from sister agencies, FLRA components and offices, and external human resources, 

financial, and communications professionals.

The agency contracts with the U.S. Department of Health and Human Services to provide basic 

occupational health and wellness services, on-site monthly health visits to FLRA Headquarters, 
12

and access to an employee assistance program (EAP) for employees throughout the country. The 

EAP assists the agency in addressing productivity issues by providing both prevention and 

intervention for employee problems. The FLRA has also leveraged the use of technology in 

human capital management, converting the entire agency from paper records to electronic

Official Personnel Files and implementing USA Staffing, the Office of Personnel Management’s

web-based hiring system.

GOAL 1: PROVIDE TIMELY REVIEW AND DISPOSITION OF UNFAIR 

LABOR PRACTICE CASES.

The General Counsel has responsibility for the investigation, settlement, and prosecution of ULP 

charges. All ULP proceedings originate with the filing of a charge in a Regional Office by an 

employee, labor organization, or agency. Once a charge has been filed, Regional Office staff 

will investigate the charge to determine if it has merit. If the Regional Director determines that 

the charge has merit, then he or she will, absent settlement, issue and prosecute a complaint 

before an ALJ. If the Regional Director determines that the charge lacks merit, then the charging 

party is entitled to a written explanation, and if not satisfied, may appeal the decision to the 

General Counsel in Washington, DC. If the dismissal is upheld, the case is closed. The 

Authority has appointed Administrative Law Judges (ALJs) to hear ULP cases prosecuted by the 

General Counsel. Decisions of the ALJs are transmitted to the Authority, and may be affirmed, 

modified, or reversed in whole or in part. If no exceptions are filed, then a decision by the ALJ 

is adopted by the Authority.

OGC 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 2,300 1,237 1,587 1,811 1,453 1,177

Charges filed 3,572 3,954 4,398 4,094 4,176 4,260

Total caseload 5,872 5,191 5,985 5,905 5,629 5,437

Charges withdrawn/settled 2,648 2,455 3,141 3,425 3,425 3,425

Charges dismissed 1,941 1,075 751 812 812 812

Complaints issued 46 74 282 215 215 215

Total cases closed 4,635 3,604 4,174 4,452 4,452 4,452

Cases pending, end of year 1,237 1,587 1,811 1,453 1,177 985
13

OALJ 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 25 0 67 54 72 90

Cases received from the OGC 46 74 282 234 234 234

Total caseload 71 74 349 288 306 324

Settlements before hearing 59 7 275 191 191 191

Settlements during hearing 0 0 0 0 0 0

Cases closed by decision 12 0 20 25 25 25

Total cases closed 71 7 295 216 216 216

Cases pending, end of year 0 67 54 72 90 108

Authority 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 36 32 14 14 6 6

Exceptions filed 11 1 18 17 14 14

Total caseload 47 33 32 31 20 20

Cases closed procedurally 9 0 9 13 7 7

Cases closed based on merits 6 19 9 12 7 7

Total cases closed 15 19 18 25 14 14

Cases pending, end of year 32 14 14 6 6 6

Measure 1.1: The percentage of ULP charges resolved by the OGC by complaint, 

withdrawal, dismissal, or settlement within 120 days of filing of the charge. 

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

48% 71% 49% 54% 55% 55%

The FY 2012 performance target for this measure has been revised downward from 57 percent to 

55 percent. The FY 2012 President’s Budget for the FLRA included funding for two additional 

attorney positions in the OGC. The agency’s FY 2012 enacted level, however, does not provide 

for the addition of these two positions.

Measure 1.2: The percentage of decisions on an appeal of a Regional Director’s dismissal of 

a ULP charge issued within 60 days of the date filed, and in no case more than 120 days.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

19% 2% 31% 97%/100% 90%/100% 90%/100%
14

In FY 2011, an additional target was established to measure the percentage of decisions on 

appeal issued within 120 days (100 percent).

Measure 1.3: The percentage of ULP complaints issued by the General Counsel resolved or 

decided in the OALJ within 180 days of the complaint being issued.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 95% 90% 90%

This measure was established in FY 2011, as a consolidation of two previous 90-day measures 

into one of 180 days.

Measure 1.4: The percentage of ULP cases decided within 180 days of assignment to an 

Authority Member.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A 5% 18% 31% 50% 80%

This measure and the associated targets for FY2009 through FY2012 were established in the

Authority’s Corrective Action Plan (CAP).

GOAL 2: PROVIDE TIMELY REVIEW AND DISPOSITION OF 

REPRESENTATION CASES.

The Statute sets out a specific procedure for employees to petition to be represented by a labor 

union and to determine which employees will be included in a “bargaining unit” that a union 

represents. Implementing this procedure, the FLRA conducts secret-ballot elections for union 

representation and resolves a variety of issues related to questions of union representation of 

employees. These issues include, for example, whether particular employees are managers or 

“confidential” employees excluded from union representation, whether there has been election 

misconduct on the part of agencies or unions, and whether changes in union and agency 

organizations affect existing bargaining units. Representation cases are initiated by the filing in 

a Regional Office of a petition by an individual, labor organization, or agency. After a petition is 

filed, the Regional Director conducts an investigation to determine the appropriateness of a unit 

or other matter related to the petition. After concluding such investigation, the Regional Director 

may issue a Decision and Order determining the appropriate unit, directing an election,

dismissing the petition, or making other disposition of the matter. The Regional Director’s 

Decision and Order is final unless an application for review is filed with the Authority.
15

OGC 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 156 140 104 102 82 75

Petitions filed 289 275 278 267 280 294

Total caseload 445 415 382 369 362 369

Petitions withdrawn 132 142 113 126 126 126

Cases closed based on merits 173 169 167 161 161 161

Total cases closed 305 311 280 287 287 287

Cases pending, end of year 140 104 102 82 75 82

Authority 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 4 3 5 6 6 6

Applications for review 14 17 15 12 12 12

Total caseload 18 20 20 18 18 18

Cases closed procedurally 1 1 1 0 0 0

Cases closed based on merits 14 14 13 12 12 12

Total cases closed 15 15 14 12 12 12

Cases pending, end of year 3 5 6 6 6 6

Measure 2.1: The percentage of representation cases resolved by the OGC through 

withdrawal, election, or issuance of a Decision and Order within 120 days of the filing of a 

petition.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A 60% 65% 60% 60% 60%

This performance measure was established in FY 2009 to consolidate three previous measures. 

The FY 2012 target for this measure has also been revised downward – from 62 percent to 60 

percent – based on the agency’s FY 2012 enacted appropriation. The FY 2012 President’s 

Budget requested additional funding to establish two new attorney positions in the OGC, but the 

enacted level did not provide for these positions.

Measure 2.2: The percentage of representation cases in which a decision whether to grant 

review is issued within 60 days of assignment to an Authority Member.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A 100% 100% 100% 100%
16

This measure was established in FY 2010 to be consistent with the time limitation provided for 

in the Statute.

GOAL 3: PROVIDE TIMELY REVIEW AND DISPOSITION OF 

ARBITRATION CASES.

Either party to grievance arbitration may file with the Authority an exception (or appeal) to an 

arbitrator’s award. The Authority will review an arbitrator’s award to which an exception has 

been filed to determine if the award is deficient because it is contrary to any law, rule, or 

regulation or on the grounds similar to those applied by Federal courts in private-sector, labormanagement relations.

Authority 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 216 298 247 173 66 35

Exceptions filed 126 157 134 110 110 110

Total caseload 342 455 381 283 176 145

Cases closed procedurally 12 43 31 22 12 12

Cases closed based on merits 32 165 177 195 129 116

Total cases closed 44 208 208 217 141 128

Cases pending, end of year 298 247 173 66 35 17

Measure 3.1: The percentage of arbitration cases decided within 180 days of assignment to an 

Authority Member.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A 22% 30% 33% 50% 80%

This measure and the associated targets for FY 2009 through FY 2012 were established in the 

Authority CAP.

GOAL 4: PROVIDE TIMELY REVIEW AND DISPOSITION OF 

NEGOTIABILITY CASES.

A Federal agency bargaining with a union may claim that a particular union proposal cannot be 

bargained because it conflicts with Federal law, a government-wide rule or regulation, or an 

agency regulation for which there is a compelling need. In these cases, a union may petition the 

Authority to resolve the negotiability dispute.
17

Authority 2008 2009 2010 2011

2012 

Est.

2013 

Est.

Cases pending, start of year 43 51 39 22 15 14

Petitions filed 38 43 52 39 39 39

Total caseload 81 94 91 61 54 53

Cases closed procedurally 22 41 46 33 31 31

Cases closed based on merits 8 14 23 13 9 9

Total cases closed 30 55 69 46 40 40

Cases pending, end of year 51 39 22 15 14 13

Measure 4.1: The percentage of negotiability cases decided within 180 days of assignment to 

an Authority Member (reflecting reasonable time for a post-petition conference).

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A 6% 17% 29% 50% 80%

This measure and the targets for FY 2009 through FY 2012 were established in the Authority’s

CAP.

GOAL 5: PROVIDE TIMELY REVIEW AND DISPOSITION OF 

BARGAINING IMPASSE CASES.

In carrying out the right to bargain collectively, it is not uncommon for a union representative 

and a Federal agency to simply not agree on certain issues and for the bargaining to reach an 

impasse. Several options are available by which the parties may attempt to resolve the impasse. 

The parties may: decide, on their own, to use certain techniques to resolve the impasse, but may 

proceed to private binding arbitration only after the Federal Service Impasses Panel (FSIP or the 

Panel) approves the procedure; seek the services and assistance of the Federal Mediation and 

Conciliation Service; or seek the assistance of the Panel in resolving the negotiation impasse, 

only after the previous attempts have failed.

FSIP 2008 2009 2010 2011

2012 

Est.

2013

Est.

Cases pending, start of year 23 22 69 36 53 78

Impasses filed 111 136 143 152 160 168

Total caseload 134 158 212 188 213 246

Cases closed 112 89 176 135 135 135

Cases pending, end of year 22 69 36 53 78 111
18

The performance measures for the FSIP were completely revised in FY 2011 to concisely set 

forth timeliness targets for the Panel’s three most important categories of case disposition. The

FSIP’s performance targets for FY 2012 have each been adjusted downward by ten percent to 

reflect anticipated performance at the FY 2012 enacted funding level. In addition to the 

requested staffing increase in the OGC, the FY 2012 President’s Budget included funding for 

one additional attorney position in the FSIP. The enacted level did not provide for the addition 

of this position.

Measure 5.1: The percentage of bargaining impasse cases in which jurisdiction is declined 

closed within 140 days of the date filed.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 64% 80% 80%

Measure 5.2: The percentage of bargaining impasse cases voluntarily settled after jurisdiction 

has been asserted within 160 days of the date filed.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 79% 70% 70%

Measure 5.3: The percentage of bargaining impasse cases resolved through a final action 

closed within 200 days of the date filed.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 65% 70% 70%

GOAL 6: USE COLLABORATION TECHNIQUES AND ALTERNATIVE 

DISPUTE RESOLUTION SERVICES TO MINIMIZE AND/OR 

RESOLVE LABOR-MANAGEMENT DISPUTES.

The FLRA has integrated ADR and consensus decision-making into virtually all of its processes, 

and significantly expanded its training, outreach, and facilitation activities in FY 2011. ADR is 

an informal process that allows parties to discuss and develop their interests in order to resolve 

the underlying issues and problems in their relationship. This includes interest-based conflict 

resolution and intervention services in pending ULP cases, representation cases, arbitration 

cases, negotiability appeals, and impasse bargaining disputes. The agency also provides 

facilitation and training to help labor and management develop collaborative relationships. In 

FY 2012, many of the FLRA’s training programs will also be available as web-based training 

modules, bringing educational tools and resources directly to the agency’s customers at their 

desks to further assist them in resolving labor-management disputes.
19

This performance goal was new for FY 2011 and was established to emphasize not only the 

importance of backlog reduction efforts in the Authority, but also using collaboration and ADR 

techniques along with other training, outreach, and facilitation services to assist parties in 

minimizing and resolving labor-management disputes. The goal encompasses all three FLRA 

components. 

Measure 6.1: Percentage of ULP cases in the OGC in which an offer of ADR services is 

accepted by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 87% 85% 85%

The target for FY 2012 has been adjusted upward from 55 percent to 85 percent, based on actual 

performance in FY 2011. Eighty-seven percent of the ULP cases in FY 2011 in which an offer 

of ADR services was accepted by the parties were either partially or totally resolved. This level 

of performance is essentially expected to continue in FY 2012 and FY 2013.

Measure 6.2: Percentage of ULP cases in the OALJ in which an offer of Settlement Judge 

services is accepted by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 88% 80% 80%

The FY 2012 target for this measure has also been adjusted upward from 70 percent to 80

percent, based on actual FY 2011 performance. This performance level is anticipated to 

essentially continue in FY 2012 and FY 2013.

Measure 6.3: Percentage of representation cases in the OGC in which an offer of ADR 

services is accepted by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 93% 85% 85%

Based on actual performance in FY 2011, the FY 2012 target for this measure has been adjusted 

upward as well, from 50 percent to 85 percent. Ninety-three percent of the representation cases 

in FY 2011 in which an offer of ADR services was accepted by the parties were either partially 

or totally resolved. The 93 percent success rate, however, is based on a very small sample of 

cases. Accordingly, some decrease is expected.
20

Measure 6.4: Percentage of arbitration cases in which an offer of ADR services is accepted 

by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 100% 50% 50%

Measure 6.5: Percentage of negotiability cases in which an offer of ADR services is accepted 

by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 87% 80% 80%

Measure 6.6: Percentage of bargaining impasse cases in which an offer of ADR services is 

accepted by the parties that are partially or totally resolved.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 29% 30% 25%

Measure 6.7: The number of training, outreach, and facilitation activities conducted.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 332 175 175

Measure 6.8: The number of participants involved in training, outreach, and facilitation 

activities.

Results Targets

FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

N/A N/A N/A 11,975 5,000 5,000

Much of the demand for training, outreach, and facilitation activities in FY 2011 was for 

overview training on instituting forums and pre-decisional involvement under Executive Order 

13522. Since this training is now available through a web-based training course, and since 

forums should be well-established by FY 2013, the FLRA expects that the focus of its training, 

outreach, and facilitation services in FY 2013 will be on supporting the successful operation of 

the forums and further developing the skills for a successful labor-management relationship. In 

addition, by FY 2013, the FLRA expects to have additional web-based training courses available 

to the parties – including comprehensive arbitration and statutory training – that has otherwise 

been provided in-person. The targets for both training measures reflect in-person training only,
21

and as such, are lower than the results for FY 2011 as the agency increases the delivery of its 

training through no-cost, web-based services.

GOAL 7: MODERNIZE AGENCY INFORMATION TECHNOLOGY 

BUSINESS SYSTEMS TO SUPPORT AND ENHANCE 

PROGRAM ACHIEVEMENT.

The redesign of the Case Management System (CMS) was initiated in FY 2009. To date, the 

case management modules for each component have been delivered. While there is still more 

work to complete on e-filing, the new CMS is now in use throughout the agency.

In FY 2011, work began on the e-filing portion of the CMS, with the FLRA delivering the 

majority of the customer registration and FSIP e-filing capability. The agency will focus on 

delivery of e-filing capability for the remaining components in FY 2012. The remaining two efiling modules, for the OGC and the Authority, will be completed by the end of FY 2012. Once 

these final modules are implemented, the FLRA will be able to begin accepting filings

electronically.

Also in FY 2012, the FLRA will begin to enhance the CMS to provide for an end-to-end 

electronic case file. Beginning in FY 2013, the agency will conduct a pilot program to provide 

attorneys with the capability to receive, process, and track the status of all cases electronically. 

The agency has revised both FY 2012 targets due to unanticipated delays in implementing efiling because of difficulty in obtaining necessary technical support.

Measure 7.1: The percentage of cases filed electronically with the FLRA.

Results

FY 2008 N/A

FY 2009 Awarded a contract for CMS development using the cloud solution, 

QuickBase.

FY 2010 Implemented the new CMS for all three FLRA components. 

FY 2011 Began developing an electronic filing solution. Completed development of

customer registration and FSIP e-filing capability.

Targets

FY 2012 Complete development of Authority and OGC e-filing capability. Begin 

testing e-filing capability with customers.

FY 2013 25% of all cases will be filed electronically.
22

Measure 7.2: The percentage of cases processed electronically end-to-end.

Results

FY 2008 N/A

FY 2009 N/A

FY 2010 N/A

FY 2011 N/A

Targets

FY 2012 Enhance the CMS to provide the structure that supports end-to-end electronic 

case processing.

FY 2013 Conduct a pilot program in support of end-to-end case processing.

GOAL 8: DEVELOP, MANAGE, AND UTILIZE THE FLRA’S HUMAN 

CAPITAL TO MEET PROGRAM NEEDS.

The FLRA relies on its employees, supervisors, and managers to develop and implement policies 

and operational processes to achieve its strategic goals. To this end, the agency has partnered with

its labor-management forum to improve work-life balance, employee recognition, and career 

development programs. In FY 2010, the FLRA established a performance goal regarding use of

agency human capital, and developed and implemented a Human Capital Strategic Plan aimed at 

those areas identified for improvement. Consistent with the plan, the FLRA strategically recruits 

and develops its employees to make sure it has the right people with the right skills in the right 

jobs.

As of January 31, 2012, approximately 25 percent of the FLRA’s employees were eligible for 

retirement. Consequently, the FLRA expects, beginning in FY 2012, a wave of retirements. This 

highlights the agency’s need to engage in succession planning, as well as employee and leadership 

development, which the agency handles through developmental details, student internships, and 

course offerings. In FY 2011, the FLRA began work on the foundational aspects of workforce and 

succession planning, developing core competencies for critical positions. Using these 

competencies, the FLRA developed a training needs assessment. The assessment will be 

conducted in FY 2012 and the resulting data will provide the basis for targeted Individual 

Development Plans and employee development programs and training. The agency believes 

succession planning will be an on-going effort required to meet program performance and mission 

needs, as reflected in the agency’s target for FY 2012 to enhance developmental offerings such as 

career advancement programs.

In FY 2011, the agency offered, and will continue to offer in FY 2012, developmental details to 

supervisory positions in the OGC. In addition, the agency dedicated resources in FY 2010 and FY 

2011 to executive development training for Authority and OGC staff to prepare for positions of 

leadership. The agency also recently conducted a new employee orientation session using 

seasoned staff to train new employees on best agency practices.
23

Measure 8.1: Program managers ensure that the right employees are in the right place to 

achieve results.

Results

FY 2008 N/A

FY 2009 N/A

FY 2010

Increased staffing levels in each program area; improved employee worklife 

balance through implementation of a robust telework program and 

videoconferencing, which reduces travel costs and time away from family; 

implemented an employee leadership developmental initiative in the OGC; 

and implemented a Student Temporary Employment Program. Also began 

human capital e-initiatives to improve hiring through the purchase of USA 

Staffing (an automated hiring system), which engages the hiring manager in 

all aspects of the hiring process, reduces time-to-hire metrics, and improves 

applicants’ Federal hiring experience.

FY 2011

The FLRA continued to focus on employee engagement in FY 2011. Its 

Labor-Management Forum updated the Alternative Work Schedule policy, 

which increased flexibility within the program, began work on recognizing 

diversity through special emphasis programs, and initiated efforts to update 

employee awards programs. The agency also formed a joint labormanagement workgroup to design a new Performance Management System 

for General Schedule employees for OPM approval and agency 

implementation; an employee workgroup also designed and submitted to 

OPM for approval a revised Senior Executive Service appraisal system. 

Consistent with the Human Capital Strategic Plan, FLRA developed a training 

needs assessment, which will be used to create individual development plans 

to address areas needing skills improvement and to further increase missioncritical competencies. Additionally, the agency supported employee ideas, 

initiatives, and employee-focused programs, such as “Bring Your Child to 

Work” day, Public Service Recognition Week, a health benefits fair, and a 

blood drive. FLRA also initiated brown-bag programs and an educational 

series to inform and develop employees in a casual setting. Human capital einitiatives continued with the successful implementation of USA Staffing, 

NBC’s Data Mart reporting tool, and employee eOPFs. The agency also

procured Kronos WebTA, an automated employee time tracking system, 

which is scheduled for delivery in FY 2013.

Targets

FY 2012

Enhance development offerings to include competency-based training, careerladder developmental programs, and continuation of HR workshops and 

educational brown-bags. Develop and implement the affirmative action plan 

and diversity outreach program.

FY 2013 Update the Human Capital Strategic Plan. Implement Kronos WebTA.
24

BUDGET JUSTIFICATION

FY 2013 APPROPRIATION LANGUAGE

Federal Funds

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant 

to Reorganization Plan No. 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. § 3109, and including hire of experts and consultants, hire of 

passenger motor vehicles, and including official reception and representation expenses (not to 

exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, 

[$24,723,000] $24,792,000: Provided, That public members of the Federal Service Impasses 

Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 

U.S.C. § 5703) for persons employed intermittently in the government service, and compensation 

as authorized by 5 U.S.C. § 3109: Provided further, That notwithstanding 31 § U.S.C. 3302, 

funds received from fees charged to non-Federal participants at labor-management relations 

conferences shall be credited to and merged with this account, to be available without further 

appropriation for the costs of carrying out these conferences.

APPROPRIATION REQUEST

The FLRA requests $24,792,000 in FY 2013 to fund employee salaries and related expenses 

necessary to meet its annual performance targets. The agency’s FY 2013 appropriation request

would fund 129 full-time equivalents (FTEs), a decrease of one from FY 2012. The requested 

level incorporates printing and other contractual service cost-savings measures initiated in FY 

2011 and carried into FY 2012. It is also noted that, based on improvements in productivity 

from streamlining, creative use of technology, and elimination of low priority tasks and 

programs, the FLRA intends to absorb inflationary price increases for FY 2013 goods and 

services within its current resource levels.

(In thousands of dollars)

Program Activity

FY 2011

Actual

FY 2012 

Estimate 

FY 2013

Request

Change 

from 

FY 2012

Authority $13,803 $13,937 $13,805 $(132)

Office of the General Counsel 10,158 10,017 10,175 158

Federal Service Impasses Panel 742 796 812 16

Direct Obligations $24,703 $24,750 $24,792 $42

FTEs 131 130 129 (1)
25

CHANGE FROM FY 2012

The requested FY 2013 funding level reflects an increase of $42,000 over the FLRA’s current 

FY 2012 estimate, including $27,000 in anticipated FY 2011 carryover funding. The agency’s 

request for FY 2013 includes the following changes from FY 2012. These changes include both 

cost savings and offsets to those savings.

Personnel Compensation and Benefits

Nearly 80 percent of the agency’s funding is dedicated to employee compensation and benefits. 

In FY 2009, the FLRA embarked on a multi-year rebuilding effort to achieve sorely needed 

performance and employee morale improvements. Through restructuring efforts that involved 

the reallocation of existing funds, the agency was able to adequately staff the Authority to ensure 

that appropriate resources were available to address its case backlog. As vacancies began to 

arise in FY 2010, the agency reallocated resources to rebuild capacity in the Office of the 

General Counsel (OGC) and its management support offices. The re-allocating of resources has 

in part resulted in the FLRA meeting or substantially meeting its organizational performance 

goals for the last two fiscal years. As reduced funding levels become the norm within the 

Federal government, the FLRA will continue to assess the status of resources throughout the 

agency, and strategically reallocate resources to maximize organizational and program 

performance.

Through a combination of planning, hard work, and case management, the Authority has 

successfully adhered to its Corrective Action Plan to reduce the number of overage cases. As a 

result, the FLRA intends to reduce the number of attorney positions in each Authority Member 

office by one, through natural employee attrition, by the end of FY 2012. The elimination of 

these three positions over time is expected to reduce the agency’s total FTE level by one in FY 

2013, generating a cost savings of $102,000 in employee compensation and benefits. Any 

0

20

40

60

80

100

120

140

160

180

FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013

Full-Time Equivalents

167

142

129

114

128

119

131 130 129
26

further loss in the Authority would likely reverse the significant gains that have been made in 

eliminating its backlog of overage cases. Moreover, any additional decrease in FTEs devoted to 

case processing would prevent the Authority from resolving 80 percent of its unfair labor 

practice (ULP), arbitration, and negotiability cases within 180 days, targets expected to deliver 

timely services to parties throughout the government at a time when they are most needed.

Any decrease in FTEs in the other two components of the FLRA would be harmful to mission 

accomplishment. In the OGC, ULP filings have increased by 15 percent since FY 2008. This is

attributable, at least in part, to the absence of a General Counsel and Deputy General Counsel for 

a 17-month period between March 2008 and August 2009, a period when no authority was in 

place to issue complaints. The agency anticipates that its recent increase in ULP filings will 

continue, albeit at a slower rate of two percent annually in both FY 2012 and FY 2013. The 

many management changes that will inevitably result from passage of the Budget Control Act of 

2011 and President Obama’s plan to reorganize the Federal government will be accompanied by 

an increased incidence of bargaining obligations, which normally results in parties filing more 

ULP charges. Agency restructuring efforts are also expected to lead to the need to determine the 

appropriate representatives after the reorganization has been accomplished. Thus, the FLRA is 

also projecting an annual increase in representation case filings of five percent in FY 2012 and 

FY 2013.

2005 2006 2007 2008 2009 2010 2011 2012 

(Est.)

2013 

(Est.)

ULP 4,038 4,799 4,687 3,572 3,954 4,398 4,094 4,176 4,260

3,000

3,500

4,000

4,500

5,000

5,500

Unfair Labor Practice Charges
27

Assuming two percent and five percent annual increases in ULP filings and representation 

petitions, respectively, the OGC anticipates receiving 4,554 new cases (4,260 ULP and 294

representation) in FY 2013. In FY 2011, the OGC successfully managed its caseload, resolving 

more cases than received and reducing its case inventory at the end of the year by 20 percent 

from FY 2010. This significant increase in productivity was not matched, however, with a 

significant increase in the percentage of ULP and representation cases resolved within each case 

processing goal of 120 days – only 54 and 60 percent, respectively, were resolved within that

timeframe. Timely case resolution is critical to the successful accomplishment of the agency's 

mission. Resolving more cases than received in a given year is a laudable achievement, but 

leaves our parties severely underserved if the cases are not resolved timely. That is exactly why 

the agency's case processing goals are measured based on timeliness and not simply productivity.

While it is anticipated that the OGC will continue this trend – managing agency resources to 

reduce the backlog in FY 2013 to approximately 1,000 ULP and 80 representation cases – the 

loss of even one FTE in the OGC would severely impact its ability to achieve its core mission of 

promptly investigating and resolving ULP charges and representation petitions. Performance 

data shows that the ratio of cases to the number of field agents is the most reliable predictor of 

performance. As such, as the number of cases per agent increases on an annual basis – whether 

due to a loss in agents or an increase in case filings – the percentage of cases that are resolved 

within the case processing time goals decreases significantly. Simply put, current staffing levels 

permit timely resolution in only slightly more than half of all ULP and representation cases; any 

staffing reduction will result in parties waiting even longer in even more cases.

In this connection, the timeliness in which the FLRA resolves ULP and representation cases 

directly affects the pace of government change. The Federal Service Labor-Management 

Relations Statute (the Statute) generally obligates management to maintain the status quo during 

negotiations and the pendency of a representation proceeding. Furthermore, the quality of case 

dispositions and the extent to which agents are able to take full advantage of dispute resolution 

opportunities also directly affects the pace of government change. In this regard, the FLRA has a 

2005 2006 2007 2008 2009 2010 2011 2012 

(Est.)

2013 

(Est.)

REP 285 276 297 289 275 278 267 280 294

240

260

280

300

320

Representation Petitions
28

direct bearing on how well and quickly changes proposed by agencies can be implemented by 

resolving – among other things – disputes involving collective bargaining matters and questions 

concerning the labor representation of Federal employees. The OGC also trains management 

and labor representatives on their rights and responsibilities under the Statute, thereby 

empowering the parties to more effectively and efficiently avoid – and if necessary, resolve –

disputes over these matters.

Likewise, FTE reduction in the Federal Service Impasses Panel (FSIP or the Panel) would be 

untenable. Since FY 2008, there has also been a 37 percent increase in the number of requests 

for assistance from the Panel. The FSIP is projecting an additional five percent increase in both 

FY 2012 and FY 2013. In addition, the Panel is likely to see complex impasses involving some 

of the Federal sector’s largest agencies and bargaining units in FY 2013. Such requests are 

extremely labor intensive, both to investigate and to resolve on the merits. Additionally, the 

number of multiple-issue requests, primarily those involving impasses over successor collective 

bargaining agreements, will continue to increase proportionally with caseload.

Delay in resolving Federal labor-management impasses frequently costs taxpayers money. For 

example, every year the leases of many Federal offices expire, and it is not unusual for the 

parties to reach bargaining impasse when these offices relocate. If the FSIP is unable to provide 

prompt resolution, then the Federal government may be forced to pay rent at two locations, 

costing taxpayers thousands of dollars. The FSIP also has jurisdiction over agency 

determinations that existing alternative work schedules are causing reductions in productivity, 

diminishment in the level of services furnished to the public, and/or unnecessary increases in 

cost. The law requires the Panel to resolve such impasses in 60 days.

A reduction in FTEs in the FSIP would severely inhibit its ability to react quickly to disputes 

where delay can be costly, and require the Panel to decline invitations to provide vitally 

necessary training to its customers. In addition, the amount of time that the FSIP’s Executive 

Director and Chief Legal Advisor will be required to spend on direct, case-related duties to 

2005 2006 2007 2008 2009 2010 2011 2012 

(Est.)

2013 

(Est.)

IMP 146 134 115 111 136 143 152 160 168

100

120

140

160

180

Bargaining Impasses
29

ensure that the Panel's primary mission is accomplished will strain their ability to perform other 

important tasks of their positions. In the case of the Executive Director, certain managerial 

responsibilities, and in the case of the Chief Legal Advisor, her role as senior counsel to the 

Panel Members and staff on legal matters would go unmet.

In sum, apart from the reduction of one FTE in the Authority component, the FLRA is unable to 

reduce FTE costs without a severe impact on mission accomplishment. We note, in addition, 

that the FY 2013 compensation and benefits savings of $102,000 in the Authority have been 

partially offset by $83,000 in added, agency costs due to the fact that there is one more 

compensable workday in FY 2013 than in FY 2012. An additional $78,000 has also been 

included to cover a statutory pay raise of 0.5 percent in January 2013. In addition, FLRA benefit 

costs, as a percentage of salaries, continue to rise as the percentage of the agency’s workforce 

under the Federal Employees Retirement System (FERS) increases. As those in the Civil 

Service Retirement System (CSRS) retire or transfer to other agencies, they are generally 

replaced by those under the FERS. FERS employees cost the FLRA, on average, twice as much 

in benefits as CSRS employees. The FLRA’s personnel benefits estimate, therefore, includes an 

additional $71,000 in FY 2013 to cover rising costs associated with the Federal government’s 

gradual, ongoing transition to the FERS.

Rent

The FLRA places an emphasis on telework, and it will seek to consolidate space wherever 

possible in an effort to reduce operating costs. Since implementation of the telework program in 

January 2010, approximately 65 percent of the FLRA’s workforce has engaged in some form of 

telework, with roughly half of teleworkers engaged “regularly” and the other half engaged 

“periodically.” Telework has also contributed to increased employee morale, as measured in the 

2011 Federal Employee Viewpoint Survey. Feedback from staff indicates that, due to a lack of 

disruptions, commuting time, and stress, participating employees believe that they are more 

productive and that they have fewer unscheduled absences. Furthermore, the opportunity to 

telework has proven useful as a recruitment tool, as it has been the deciding factor in job 

acceptance and has encouraged several employees to stay with the agency.

The agency makes rental payments to the General Services Administration for office space in 

Atlanta, Boston, Chicago, Dallas, Denver, San Francisco, and Washington, DC. The existing 

FLRA headquarters lease in Washington, DC is due to expire in March 2013. An additional 

$292,000 would be necessary in FY 2013 to cover fixed rent increases for current headquarters 

and regional office space. In response to growing participation in the agency telework program, 

however, the FLRA intends to reduce the size of its headquarters by approximately 12,200 

square feet, commencing with the new lease term and generating savings of $312,000 in FY 

2013. The net savings from returning Headquarters space in FY 2013 is expected to be $20,000. 

In addition, the agency is reviewing its existing Regional Office leases with an eye toward 

reducing costs when each lease comes up for renewal. It is noted that factors beyond the 

agency’s control involving leasing and/or relocation may result in additional, unexpected costs 

that the FLRA would be forced to absorb within its already stretched, baseline operating level.
30

Other Contractual Services

FLRA administrative operations include procurement, leasing, renovation and repairs, mail and 

records management, and providing overall logistical support to the agency. In addition, the 

FLRA Administrative Services Division is responsible for managing physical and personal 

security, directing employee safety programs, and ensuring agency emergency preparedness.

The agency currently supplements its administrative staff with an annual contract for 

laborer/customer service support, such as answering telephones, reserving and setting up 

conference rooms for meetings and workgroups, stocking and delivering office supplies, and 

fixing/assembling agency equipment. The FLRA intends to implement an internal, electronic 

ticketing system for addressing basic administrative service requests, allowing the agency to 

reduce its current contract for administrative support by $25,000 in FY 2013.

Furthermore, the FLRA Information Resources Management Division (IRMD) currently 

contracts annually with the U.S. Treasury Department’s Bureau of Public Debt (BPD) to ensure 

Federal Information Security Management Act compliance by providing bi-annual certification 

and accreditation of agency security controls, as well as information assurance policy review and 

development. The agency also intends to terminate its annual support contract for information 

technology security services in FY 2013, saving an additional $43,000. The responsibilities that 

the BPD currently fulfills will be absorbed within the IRMD’s current staffing level.
31

PROGRAM AND FINANCING SCHEDULE

(In thousands of dollars)

FY 2011

Actual

FY 2012 

Estimate

FY 2013

Request

Obligations by program activity:

Authority $13,803 $13,937 $13,805

Office of the General Counsel 10,158 10,017 10,175

Federal Service Impasses Panel 742 796 812

Reimbursable program 80 100 0

Total new obligations 24,783 24,850 24,792

Budgetary resources:

Unobligated balance:

Nonexpenditure transfers:

Unobligated balance transfers between 

expired and unexpired accounts 34 27 0

Budget authority:

Appropriations, discretionary:

Appropriation 24,723 24,723 24,792

Spending authority from offsetting collections 

(gross) 80 100 0

Total budgetary resources available 24,837 24,850 24,792

Change in obligated balance:

Obligated balance, start of year (net):

Unpaid obligations, brought forward (gross) 3,506 3,279 3,279

Obligations incurred, unexpired accounts 24,783 24,850 24,792

Outlays (gross) (24,979) (24,850) (24,792)

Adjustments in expired accounts (31) 0 0

Obligated balance, end of year (net):

Unpaid obligations, end of year (gross) 3,279 3,279 3,279

Budget authority and outlays, net:

Discretionary:

Budget authority, gross 24,837 24,850 24,792

Outlays, gross:

Outlays from new discretionary authority 22,375 22,560 22,502

Outlays from discretionary balances 2,604 2,290 2,290

Outlays, gross (total) 24,979 24,850 24,792

Budget authority, net (total) 24,757 24,750 24,792

Outlays, net (total) $24,898 $24,750 $24,792
32

OBJECT CLASSIFICATION SCHEDULE

(In Thousands of dollars)

FY 2011

Actual

FY 2012 

Estimate

FY 2013

Request

Direct obligations:

Personnel compensation:

Full-time permanent $14,249 $14,346 $14,398

Other than full-time permanent 860 860 866

Other personnel compensation 188 0 0

Total personnel compensation 15,297 15,206 15,264

Civilian personnel benefits 3,974 4,152 4,224

Benefits for former personnel 5 0 0

Travel and transportation of persons 189 190 190

Transportation of things 11 10 10

Rental payments to GSA 2,617 2,566 2,546

Rental payments to others 19 19 19

Communications, utilities, and misc. charges 477 378 378

Printing and reproduction 45 30 30

Advisory and assistance services 90 100 100

Other services from non-Federal sources 690 847 822

Other goods and services from Federal sources 866 899 856

Operation and maintenance of facilities 5 5 5

Operation and maintenance of equipment 114 118 118

Supplies and materials 99 104 104

Equipment 205 126 126

Direct obligations 24,703 24,750 24,792

Reimbursable obligations:

Travel and transportation of persons 80 100 0

Reimbursable obligations 80 100 0

Total new obligations $24,783 $24,850 $24,792

EMPLOYMENT SUMMARY SCHEDULE

FY 2011

Actual

FY 2012 

Estimate

FY 2013

Request

Direct civilian full-time equivalent employment 131 130 129
33

INSPECTOR GENERAL RESOURCES

The Office of the Inspector General (OIG) provides independent and objective assessments of 

the FLRA’s efficiency, effectiveness, and compliance with laws and regulations. This is 

accomplished through proactive evaluations of agency operational processes. In addition to 

striving to prevent and detect fraud, waste, and abuse of the FLRA’s resources and operations, a 

key goal of the Inspector General is to serve as a catalyst for improving operations and 

maximizing the efficiency and integrity of agency programs.

In fulfilling these responsibilities and objectives, the Inspector General conducts and supervises 

investigations, internal reviews, audits, and evaluations of the programs and operations of the 

agency. The Inspector General communicates the results of investigations and assessments to 

FLRA management, the Congress, other oversight entities, and the public as appropriate. 

Generally, results are communicated in formal reports and contain findings and 

recommendations aimed at correcting any deficiencies identified and promoting efficiency and 

effectiveness in agency programs and operations. The Inspector General also manages a hotline 

to provide employees and the public with a direct means for communicating information on 

potential fraud, waste, or abuse.

The FLRA’s FY 2013 funding request includes $393,300 for the OIG. The funding level 

requested by the IG, including $5,000 for training and $1,300 to support the Council of the 

Inspectors General on Integrity and Efficiency, has been funded in total. The IG has certified 

that the FLRA’s funding request for the OIG satisfies all training requirements for FY 2013.
34

 WASHINGTON, D.C. 20424-0001

INSPECTOR GENERAL

September 8, 2011

The Inspector General Reform Act (Pub. L. 110-149) was signed by the President on October 14, 

2008. Section 6(f) (1) of the Inspector General Act of 1978, 5 U.S.C. app. 3, was amended to 

require certain specifications concerning Office of Inspector General (OIG) budget submissions 

each fiscal year (FY). 

Each inspector general (IG) is required to transmit a budget request to the head of the 

establishment or designated Federal entity to which the IG reports specifying:

• The aggregate amount of funds requested for the operations of the OIG, 

• The portion of this amount requested for OIG training, including a certification from the 

IG that the amount requested satisfies all OIG training requirements for the fiscal year, 

and 

• The portion of this amount necessary to support the Council of the Inspectors General on 

Integrity and Efficiency (CIGIE).

The head of each establishment or designated Federal entity, in transmitting a proposed budget to 

the President for approval, shall include:

• An aggregate request for the OIG, 

• The portion of this aggregate request for OIG training,

• The portion of this aggregate request for support of the CIGIE, and

• Any comments of the affected IG with respect to the proposal.

The President shall include in each budget of the U.S. Government submitted to Congress. 

• A separate statement of the budget estimate submitted by each IG,

• The amount requested by the President for each OIG,

• The amount requested by the President for training of OIGs ,

• The amount requested by the President for support of the CIGIE, and 

• Any comments of the affected IG with respect to the proposal if the IG concludes that the 

budget submitted by the President would substantially inhibit the IG from performing 

duties of the OIG.

Following the requirements as specified above, the Federal Labor Relations Authority inspector 

general submits the following information relating to the OIG’s requested budget for FY 2013:

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY
35

• The aggregate budget request for the operations of the OIG is $393,300.

• The portion of this amount needed for OIG training is $5,000, and

• The portion of this amount needed to support the CIGIE is $ 1,300. 

I certify as the IG of the Federal Labor Relations Authority that the amount I have requested for 

training satisfies all OIG training needs for FY 2013.

Inspector General

Federal Labor Relations Authority

U.S. FEDERAL LABOR RELATIONS AUTHORITY

1400 K Street, N.W.

Washington, DC 20424

www.flra.gov