Thirty-four 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 2014
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.......................14

Goal 2: Provide Timely Review and Disposition of Representation Cases..................................16

Goal 3: Provide Timely Review and Disposition of Arbitration Cases........................................18

Goal 4: Provide Timely Review and Disposition of Negotiability Cases ....................................18

Goal 5: Provide Timely Review and Disposition of Bargaining Impasse Cases..........................19

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

Minimize and/or Resolve Labor-Management Disputes..................................................20

Goal 7: Modernize Agency Information Technology Business Systems to Support

and Enhance Program Achievement ................................................................................23

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

Needs................................................................................................................................24

BUDGET JUSTIFICATION ................................................................................26

FY 2014 Appropriation Language .................................................................................................26

Appropriation Request...................................................................................................................26

Change from FY 2013 ...................................................................................................................27

Program and Financing Schedule ..................................................................................................32

Object Classification Schedule ......................................................................................................33

Employment Summary Schedule...................................................................................................33

Inspector General Resources..........................................................................................................34
1

U.S. FEDERAL LABOR RELATIONS AUTHORITY

BACKGROUND AND MISSION

The U.S. Federal Labor Relations Authority (FLRA) is responsible for establishing policies and 

guidance regarding the labor-management relations program for 2.1 million non-Postal, federal 

employees worldwide, approximately 1.2 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. In FY 2012, the FLRA celebrated the 50th anniversary of the Order, which established the 

first government-wide, 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 Executive Order 10988. Executive Order 

11491, as amended, was the basis for President Carter’s proposal to Congress to create the FLRA 

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.

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 –management 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 labor-management dispute remains unresolved for too long, mission accomplishment 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 Members appoint Administrative Law Judges (ALJs) to hear and prepare 

recommended 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.

The Office of the Solicitor represents the FLRA in court proceedings before all United States 

courts, including the U.S. Supreme Court, U.S. Courts of Appeals, and Federal District Courts. 

In this connection, parties aggrieved by certain Authority decisions may institute an action for 

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

OFFICE

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

OFFICE OF CASE 

INTAKE

AND

PUBLICATION 

OFFICE

HUMAN

RESOURCES

DIVISION

ADMINISTRATIVE

SERVICES

DIVISION

INFORMATION

RESOURCES

MANAGEMENT

DIVISION

BUDGET AND

FINANCE

DIVISION

AUTHORITY 

CHAIRMAN AND 

CHIEF 

EXECUTIVE 

OFFICER
3

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. Courts of 

Appeals or Federal District Courts. The Office of the Solicitor also serves as the agency's inhouse counsel, providing legal advice to all FLRA components, and performs various functions 

under the Freedom of Information Act and Privacy Act. The Solicitor also serves as the 

Designated Agency Ethics Official.

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 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 Obama Administration has pursued a challenging agenda, cutting wasteful spending and 

programs that do not work, strengthening and streamlining those that do, leveraging technology 

to transform government operations to save money and improve performance, and making 

government more responsive and open to the needs of the American people. This challenging 

agenda has required – and continues to require – major changes having a significant impact on 

the federal workforce as well as the effectiveness and efficiency of agency operations. It has 

also presented an opportunity for federal agencies and federal employees and their labor 

representatives to realign, re-tool, and reassess how they do their work to bring about effective 

changes within government, and to engage in collaborative dispute resolution. In addressing 

these challenges, the FLRA has demonstrated a significant, marked improvement in its 

performance and service delivery, and has had a direct bearing on how well and quickly 

improvements in government operations have been effectuated. As such, it is an essential 

component to bringing about real change within the federal government. The nature of the 

services that the FLRA provides to its customers – in avoiding and resolving disputes that 

otherwise detract from mission performance – means that its vitality is important beyond its size.

With respect to its mission accomplishments, the FLRA has continued its significant 

improvement – which began in February 2009 – in providing customers with the timely and 

quality dispute resolution services that they deserve. The Authority opened FY 2013, having 

reduced its pending case inventory by 87 percent (from 394 to 50 cases), its overage case 

inventory by 100 percent (from 269 to zero cases), and the average age of pending cases by 81 

percent (from 270 to 51 days). As a result of recent regulatory changes involving arbitration 

cases, the Authority has reduced the number of procedural deficiencies in the parties’ filings, and 

clarified the grounds for the Authority’s review and the applicable legal standards. The outcome 

has been that cases are now processed and resolved more expeditiously.
5

FY 2012 was also a successful year for the OGC, which continued to maintain its productivity 

increases by resolving 20 percent more cases than in FY 2009. In FY 2012, the office closed 

more than 4,300 ULP cases and held trials in over 35 cases. The OGC also closed nearly 300 

representation cases and conducted over 50 elections. The OGC’s work is of critical importance 

to federal agencies throughout the government right now – all agencies are restructuring, 

examining, implementing new or revised work processes and procedures, and leveraging 

technology in order to bring efficiency to their operations. As recognized by Executive Order 

13522, Creating Labor-Management Forums to Improve Delivery of Government Services, 

labor-management relations is an essential element of effectuating those changes, as well as the 

legal rights and obligations provided by the Statute and enforced by the FLRA.

In many circumstances where agencies are restructuring to bring efficiency to their operations, 

the reorganization results in a dispute over whether a union will still represent the bargaining unit 

employees after the restructuring, and if more than one union is involved, which union is the 

representative. The OGC works to resolve these disputes expeditiously so that operations are not 

affected due to the uncertainty over bargaining obligations. For example, the Department of 

Defense created a Joint Base in Washington State, transferring some Army and Air Force 

employees who provide base-operations support to the Joint Base. The Air Force employees 

were represented by a union; the Army’s were not. An election petition was filed by the Air 

Force employees’ union, seeking to represent the 1,250 newly transferred employees of the Joint 

Base. The OGC quickly facilitated an election agreement with all involved parties, providing for 

a mail-ballot election with voting materials in three languages, English, Spanish, and 

Tagalog. Within four months, the election had taken place, and the question of representation 

was resolved shortly thereafter – the operations of the Joint Base were not affected by 

uncertainty over management’s bargaining obligations.

In another case, the OGC’s enforcement of the Statute helped an agency achieve transparency in 

its performance-management process, a result that boosts morale and ensures effective 

performance of an agency’s mission. In that case, an arbitrator issued an award finding that the 

agency had consistently failed to give its employees timely (or in some cases any) performance 

appraisals or performance-based award determinations. The arbitration award required, among 

other things, the agency to take certain steps to ensure employees were appraised. The OGC 

determined that the agency was not complying with the arbitrator’s award, in violation of the 

Statute, and as a result, the agency was directed to take specific, steps to ensure compliance with 

the award.

The OALJ also continued to resolve cases at an increased pace in FY 2012. Of significant 

import is that, with nearly 750 new cases on their docket in the last three years, the ALJs have 

continued to settle cases without a trial – in 80 percent of cases where parties participate in the 

OALJ Settlement Judge Program, agreement is reached.

The FSIP, which has experienced an increase in case filings every year since FY 2009 –

including an increase of over 15 percent in FY 2012 – has also shown improved performance 

outcomes. In particular, over the last three years, the FSIP closed more cases each year than in 

FY 2009, and with its commitment to obtaining settlements rather than issuing decisions, 

returned to its original guiding philosophy that the voluntary settlement of bargaining impasses 
6

using mediation-arbitration techniques is the most effective and efficient form of dispute 

resolution.

In managing its growing caseload, the FSIP prioritizes case processing to ensure that disruption 

to government operations and cost to the taxpayers is minimized. For example, in response to 

Administration initiatives, Region 7 of the Environmental Protection Agency (EPA) decided to 

relocate approximately 650 employees, grantees, and contractors to an office in the Kansas City 

area, which reduced total space by 20 percent. Subsequent negotiations between the EPA and its 

two exclusive representatives resulted in six requests for FSIP assistance starting in March 2012. 

The Panel’s intervention resulted in an arbitration award by one of its Members involving two of 

the requests, and written decisions by the full Panel concerning the other four. Because of the 

Panel’s prompt action in resolving the impasses, the EPA was able to complete the relocation in 

time to prevent taxpayers from having to pay rent at two locations while renovations to the 

facility were being completed. There currently is a similar request for assistance before the 

Panel involving the relocation of the EPA’s Region 9, resolution of which will also require 

expedited treatment to minimize costs and disruption. In addition, as in previous years, the FSIP 

conducted mediation-arbitration proceedings in a number of cases to resolve impasses 

expeditiously between the Social Security Administration and its unions over the floor plans for

newly-relocated field offices, preventing unnecessary taxpayer expenditures. 

Also of significant import are the tremendous efficiencies gained through the OGC’s use of 

collaboration techniques and ADR to minimize and resolve labor-management disputes. In FY 

2012, the OGC resolved 97 percent of the ULP cases and 91 percent of the representation cases 

in which parties agreed to engage in ADR to collaboratively resolve their dispute. This resulted

in over 490 cases being resolved without the need for further investigation and litigation.

The FLRA’s Collaboration and Alternative Dispute Office (CADRO) also continued its work 

with parties to resolve or narrow their disputes in pending cases using ADR. Most noteworthy 

are a number of cases that involved complex, long-standing disputes – such as training issues 

regarding qualification to carry a firearm – that the parties had expended resources on for many 

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

efforts of the OALJ, the OGC, and the FSIP, CADRO’s outcomes confirm that working with 

parties to bring about a voluntary resolution or settlement of their dispute is the most effective 

and efficient form of dispute resolution – it gets the parties back to work, delivering government 

services to the American people.

Furthermore, the FLRA continued to build on its leadership role in labor-management relations 

by delivering hundreds of training, outreach, and facilitation sessions in FY 2012 to thousands of 

practitioners. The FLRA also continued its engagement with the labor-management community 

by issuing numerous press releases, conducting town halls – including the first-ever virtual town 

hall – and holding focus groups on agency processes and procedures. Among the external 

initiatives that have continued to be important in FY 2013 are training and education for labor 

and management representatives and others, including arbitrators. Indeed, requests for training 

are received daily in all of the FLRA’s components, and this demand is expected to continue, if 

not increase. The FLRA will also continue to partner with federal agencies to identify training 

needs and resources to meet those needs.
7

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

Service. Building upon this success in 2011, the agency once again placed among the top of the 

Most Improved Small Agencies. In 2012, the FLRA continued its commitment to increasing 

employee satisfaction and morale, capturing the #8 small agency ranking overall in the Best 

Places to Work in the Federal Government survey, reflecting a dramatic and unprecedented 

improvement of over 280 percent since 2009. The FLRA's achievements are particularly 

noteworthy given that, just three years prior, the agency placed last in the 2009 survey. Most 

notable for 2012 are the FLRA’s rankings for certain “Best in Class” categories – ranking third

overall in both Teamwork and Effective Leadership, and fifth in Strategic Management, 

Work/Life Balance, and Training and Development.

In a 2012 report issued by the Partnership for Public Service, the FLRA was also recognized as 

the Most Improved Small Agency on Innovation. Moving up eight percentage points, the agency, 

which was ranked 24th out of 34 small agencies in 2010, was ranked 13th of 34 in 2011. The 

FLRA’s 2011 innovation score of 67 percent exceeded the government-wide average of 63 

percent. The report – which found that a 21st century federal government that effectively serves 

the needs of the American people must embrace transformation and inspire employees to seek 

continuous improvement – recognizes the importance of leaders empowering employees to 

initiate change and reward them for their achievements. Given today’s budgetary constraints, 

federal employees and their agencies are being asked to deliver more with fewer resources, 

meaning that innovation will be a critical factor in achieving improved performance. The FLRA 

is pleased to be recognized for empowering its employees in this regard.

Furthermore, the FLRA continued its success in the Office of Personnel Management’s 2012 

Federal Employee Viewpoint Survey, with an employee response rate of 75 percent –

significantly greater than the government-wide rate of 46 percent. The agency scored 78 percent 

in leadership and knowledge management, 70 percent in results-oriented performance culture, 70

percent in talent management, and 72 percent in job satisfaction – each exceeding the 

government-wide average.

0

20

40

60

80

100

2005 2007 2009 2010 2011 2012

Best Places to Work Score
8

Human Capital 

Management Indices

2008 

% Positive

2012 

% Positive

Positive % 

Increase 

2008-2012

Leadership & Knowledge Management 35 78 123

Results-Oriented Performance Culture 43 70 63

Talent Management 39 70 80

Job Satisfaction 46 72 57

The FLRA’s dramatic and sustained improvements reflect both the commitment of leadership to 

managing the agency with transparency and accountability and the engagement of employees at 

all levels, as well as the commitment and dedication of all FLRA employees. Consistent with the 

significant increase in employee morale and satisfaction has been the significant, marked 

improvement in the FLRA's mission performance and delivery of services to its customers.
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. 

The agency performance plan also demonstrates the FLRA’s on-going commitment to 

organizational excellence.

Over the last four years, the agency has continued to assess and evaluate its performance 

outcomes to ensure that it is accomplishing its important mission of providing guidance in 

resolving labor-management disputes in the federal sector. Through a comprehensive agencywide review of its operations, staffing, work processes, resource allocations, and performance 

with agency leadership, employees, and the Union of Authority Employees (UAE) – the 

employees’ representative organization – the FLRA is more fully prepared to comprehensively 

and strategically plan for its future and establish aggressive and challenging mission initiatives 

and performance indicators, maximizing the delivery of agency services throughout the federal 

government.

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.
10

FY 2014 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 timeliness of case dispositions further the FLRA’s critical role in facilitating

orderly, efficient, and effective change within the federal government. The core purpose of the

Statute is to promote collective bargaining as a means of fostering improved employee 

performance and government operations. It is indisputable that productive and effective labormanagement relations are necessary for designing and implementing the comprehensive changes 

required to reform government, and that effective labor-management relations is dependent on the 

timely resolution of disputes and the engagement and participation of federal employees and their 

union representatives as essential sources of front-line ideas and information about improvements 

to the delivery of government services.

The FLRA facilitates improvements in performance government-wide that will inevitably impact 

employee working conditions and implicate the bargaining rights of the more than 1.2 million 

employees represented by a labor organization. Unless management and labor can timely reach 

agreements or, failing that, have their disagreements resolved expeditiously, mission performance 

will suffer. This is particularly relevant now as federal agencies are making significant 

adjustments and changes in how they perform their missions in response to the budgetary and 

policy challenges that they are facing.

Alternative Dispute Resolution and Education

Throughout the years, the Authority, the Office of the General Counsel (OGC), and the Federal 

Service Impasses Panel (FSIP or the Panel), recognizing the tremendous benefits and cost-savings 

associated with using ADR to resolve workplace disputes, have integrated ADR techniques into all 

aspects of their case processing. Offering 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 – results in 

parties having faster, mutually agreeable, and effective resolutions of their disputes. More than 15 

years ago, the FLRA established the Collaboration and Alternative Dispute Resolution Program to 

place even greater and more formalized emphasis on the use of ADR in the agency.
11

Throughout the years, all of the FLRA’s offices -- Collaboration and Alternative Dispute 

Resolution Office (CADRO), OGC, FSIP, and the Office of the Administrative Law Judges

(OALJ) -- have successfully conducted interventions and engaged in settlement efforts in 

thousands of cases pending before the agency. In well over 80 percent of FLRA cases in FY 2012 

– and in some offices close to 100 percent – these activities resulted in the full resolution of the 

underlying dispute and closure of the pending case. To date, the FLRA has leveraged existing 

staff and resources to increase its ADR reach, partnering with other agencies – such as the Federal 

Mediation and Conciliation Service and the Veterans Administration – training large numbers of 

practitioners, and supporting labor-management forums. The demand from the community is 

growing, and further expansion of the FLRA’s ADR efforts will result in disputes being resolved 

more timely and expeditiously – facilitating ongoing, collaborative labor-management relations.

In addition, expansion of the FLRA’s training initiative is intended to make case processing more 

effective and efficient and to better serve agency customers by providing meaningful and clear 

guidance on statutory rights and responsibilities to increase dispute avoidance, and as necessary, 

elucidate litigation of unresolved disputes. Timely and efficient case processing is furthered by 

FLRA customers being educated and knowledgeable about their rights and obligations under the 

Statute as well as agency case law, regulations, and case processing procedures. The FLRA 

delivers its educational materials through a variety of means – in-person training sessions, on-line 

meetings and training sessions, and various on-line resources – such as newly-launched web-based 

training modules, as well as outlines, manuals and guides developed to assist members of the 

federal labor-management relations community with issues and cases arising under the Statute. 

Using collaboration and ADR techniques along with other training, outreach, and facilitation 

services to assist parties in minimizing and resolving labor-management disputes significantly 

reduces the need for litigation and its attendant costs, and gets the parties back to work 

accomplishing their missions and delivering effective and efficient government services.

Information Technology

IT and automation are fundamental to ensuring the efficiency and effectiveness of the FLRA and 

to meeting the agency’s timeliness goals. The agency continues to improve its efficiency and the 

customer-service experience by engaging in new and innovative ways to conduct business, 

successfully introducing electronic case filing (eFiling) in all agency components in FY 2012. 

The FLRA’s eFiling system, which was developed to provide easier, more user-friendly, and 

complete access to the FLRA and its services, is an important e-government initiative. More 

specifically, eFiling is expected to increase efficiency by reducing procedural-filing errors and 

resulting processing delays, and is another example of the agency’s ongoing efforts to better 

serve its customers and to provide current, useful online tools for federal employees, the unions 

that represent them, and federal agencies for resolving issues under the Statute. The agencywide, cloud-based system is built on the FLRA Case Management System (CMS), which was 

implemented in FY 2011, and which will provide the platform for the agency to develop an 

“end-to-end” electronic case file – enabling increased use of telework and further reducing 

agency space rental costs.
12

The FLRA’s ADR intervention efforts in pending negotiability cases have also been greatly 

enhanced through the use of technology, allowing staff to resolve large, complex negotiability 

cases with minimal cost. For example, in one case during FY 2012, a Department of Defense 

agency declared dozens of union proposals non-negotiable while the parties were renegotiating 

their term contract, and the union filed a negotiability petition with the Authority. In a case of 

this magnitude, the parties normally would appear in person at a multi-day Post-Petition 

Conference, followed by formal legal submissions, extensive Authority research and analysis of 

each issue, and a complex array of briefings and actions by Authority Members and their staffs. 

The parties in this case were located more than 4,000 miles from FLRA Headquarters, a distance 

that normally would further complicate and lengthen the dispute resolution process. But in this 

case, the parties agreed to use the agency’s ADR services and various forms of technology that 

enabled them to overcome barriers of time and distance. The Authority used a combination of 

audio conferencing, video conferencing, secure-online data sharing, and remote document 

viewing and editing. As a result, no one traveled outside their commuting area, some sessions 

were conducted from telecommuting locations, and after just six half-day sessions, the parties 

executed a complex, 20-page document reflecting full agreement on some issues, resolution of 

negotiability disputes concerning all other issues, and withdrawal of the negotiability petition.

In another large, complex case, an agency declared more than 30 contract proposals nonnegotiable during term-contract bargaining. The parties agreed to utilize the FLRA’s ADR 

services and brought 15 bargaining team members to the table, some from more than 1,500 miles 

away, for several days of face-to-face negotiations. The parties made substantial progress before 

agreeing to continue CADRO-facilitated ADR discussions using FLRA-hosted audio 

conferencing, online data sharing, and remote document viewing and editing services. The 15 

negotiators logged in from more than twelve independent locations over the course of two days, 

and the parties reached a full resolution of the case without the need for a decision of the 

Authority.

The FSIP also relies heavily on technology to increase efficiency in resolving cases. During FY 

2012, consistent with the practice it has adopted in previous years, the Panel conducted four of 

its seven business meetings via teleconference, linking Panel Members in the San Francisco, 

Chicago, and Detroit areas with their colleagues and staff in Washington, DC, saving thousands 

of dollars in travel costs and per diem expenses. In addition, Panel Members routinely 

conducted mediation-arbitration proceedings by telephone and/or video conference where on-site 

visual inspection of a facility was unnecessary to resolve impasses, avoiding the need for a Panel 

Member to travel to the location of a dispute or for the parties to send their representatives to the 

Panel’s offices.

The OGC has incorporated technology into all aspects of its ULP and REP case processing 

activities. The OGC frequently uses telephone and available video conferencing in case 

investigations and settlement discussions. When voters are dispersed in a REP case election, the 

OGC uses internet/telephone balloting procedures providing employees with round the clock 

access to voting. The OGC also uses video or telephone conferencing in REP case hearings 

involving remote or unavailable witnesses. Finally, the OGC has established web-based training 

modules on the Statute and Executive Order 13522 and a web-based hyperlinked Case Law 

Outline providing the parties with easy access to key training and educational materials. 
13

The agency has used technology in delivering other services as well. For example, all 

government agencies look to the FLRA as one of the lead training agencies concerning President 

Obama’s Executive Order 13522, Creating Labor-Management Forums to Improve Delivery of 

Government Services, and the CADRO has helped them overcome some of the initial hurdles in 

implementing the Order. The CADRO recently assisted representatives from labor and 

management that were dispersed in many locations across 1,500 miles. As a precursor to faceto-face meetings, the CADRO office hosted an online meeting that enabled more than a dozen 

key leaders to engage in some basic training concerning the Order, share critical information, 

identify barriers preventing forward movement, agree to develop a labor-management forum 

charter, and schedule future meetings. As a result, communications were enhanced, travel costs 

were reduced, and the parties’ collaborative labor-management relationship strengthened. And 

efforts are underway with the parties to work together to develop ways to improve their mission 

performance.

Human Capital

The FLRA made major gains in FY 2012 in improving all aspects of employee work-life balance 

and leveraging its highly engaged workforce to address agency matters, ranging from 

performance management, budget, space, and information technology. Continuing its 

commitment to communicating and involving employees in all aspects of mission performance 

and agency operations, the FLRA has established a true link between employee engagement and 

agency performance outcomes. In FY 2012, the agency accomplished a critical component of its 

succession planning, rebuilding its Regional Office management structure and maximizing the 

talent and skills cultivated through a series of developmental details offered over the last two 

years. With a commitment to increasing diversity and inclusion (D&I), the agency developed a 

D&I Strategic Plan and metrics for assessing D&I success, reaffirming the FLRA’s commitment 

to fostering a workplace where employees from all backgrounds are recruited, retained, and 

developed for successful performance and career progression. Targeted hiring of student interns 

from underrepresented groups has bolstered the FLRA’s diversity and is part of the agency’s 

effort to develop a more diverse full-time workforce.

Maximizing its training resources and leveraging the wealth of institutional knowledge within its 

own workforce, the agency instituted a large-scale, agency-wide, leadership-development and 

succession planning initiative that includes executive training and developmental details 

throughout all offices. The details support individual development and help the FLRA 

strategically balance workloads and performance outcomes through the realignment of internal 

resources. Ongoing training initiatives include formally assessing employee training needs, 

which will enable the agency to target training resources accordingly. The FLRA also engages 

its employees through monthly educational “brown bag” series and various multi-cultural 

programs. An FLRA educational alliance with the University of Maryland University College 

(UMUC) provides employees and their families with training support in the form of tuition 

discounts for the UMUC’s undergraduate, graduate, and certificate programs.

Working in tandem with the FLRA’s Labor-Management Forum, the agency also established a 

number of issue-specific forums to engage employees in resolving various mission, operational, 
14

and workforce development issues. A new Administrative Forum was created with the primary 

goal of fostering a supportive and collaborative environment to aid administrative professionals 

in their career development and daily work-life. A Space Management Forum and a Technology 

Council were also created to facilitate effective and efficient utilization of FLRA space and IT 

resources, resulting in a quality working environment for employees, managers, and agency 

leadership, and a more targeted application of agency IT resources. In addition, the FLRA 

expanded its alternative work schedule program to help employees find an appropriate work-life 

balance – increasing participation to 65 percent.

A notable agency achievement, accomplished in full collaboration with the UAE, was the 

development and implementation of a five-tiered performance management system for General 

Schedule employees and an accompanying awards policy, intended to drive timely and quality 

performance throughout all offices of the agency. The FLRA was also one of the first small 

agencies to take part in early implementation of a new, government-wide Senior Executive 

Service performance appraisal system. These performance improvements allow for a more 

accurate assessment and recognition of employee work.

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 Administrative Law Judge (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, then 

the case is closed. The Authority has appointed 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 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 1,237 1,587 1,811 1,453 1,488 1,388

Charges filed 3,954 4,398 4,094 4,375 4,300 4,300

Total caseload 5,191 5,985 5,905 5,828 5,788 5,688

Charges withdrawn/settled 2,455 3,141 3,425 3,377 3,400 3,400

Charges dismissed 1,075 751 812 732 750 750

Complaints issued 74 282 215 231 250 250

Total cases closed 3,604 4,174 4,452 4,340 4,400 4,400

Cases pending, end of year 1,587 1,811 1,453 1,488 1,388 1,288
15

OALJ 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 0 67 54 72 115 154

Cases received from the OGC 74 282 234 240 280 252

Total caseload 74 349 288 312 395 406

Settlements before hearing 7 275 191 176 211 193

Settlements during hearing 0 0 0 1 0 0

Cases closed by decision 0 20 25 20 30 25

Total cases closed 7 295 216 197 241 218

Cases pending, end of year 67 54 72 115 154 188

Authority 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 32 14 14 6 2 7

Exceptions filed 1 18 17 20 19 19

Total caseload 33 32 31 26 21 26

Cases closed procedurally 0 9 13 16 12 14

Cases closed based on merits 19 9 12 8 2 7

Total cases closed 19 18 25 24 14 21

Cases pending, end of year 14 14 6 2 7 5

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

71% 49% 54% 61% 60% 62%

The OGC has revised its FY 2013 target for this measure from 55 percent to 60 percent, based on 

actual performance in FY 2012.

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

2% 31% 97%/100% 99%/100% 90%/100% 90%/100%

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

appeal issued within 120 days (100 percent).
16

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 95% 90% 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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

5% 18% 31% 75% 80% 80%

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.
17

OGC 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 140 104 102 82 70 70

Petitions filed 275 278 267 271 245 245

Total caseload 415 382 369 353 315 315

Petitions withdrawn 142 113 126 115 75 75

Cases closed based on merits 169 167 161 168 170 170

Total cases closed 311 280 287 283 245 272

Cases pending, end of year 104 102 82 70 70 59

Authority 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 3 5 6 6 0 8

Applications for review 17 15 12 6 10 9

Total caseload 20 20 18 12 10 17

Cases closed procedurally 1 1 0 0 0 0

Cases closed based on merits 14 13 12 12 2 9

Total cases closed 15 14 12 12 2 9

Cases pending, end of year 5 6 6 0 8 8

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

60% 65% 60% 62% 60% 60%

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

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

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

in the Statute.
18

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 grounds similar to those applied by federal courts in private-sector, labormanagement relations.

Authority 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 298 247 173 66 40 73

Exceptions filed 157 134 110 107 108 108

Total caseload 455 381 283 173 148 181

Cases closed procedurally 43 31 22 24 22 23

Cases closed based on merits 165 177 195 109 53 119

Total cases closed 208 208 217 133 75 142

Cases pending, end of year 247 173 66 40 73 39

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

Authority Member.

Results Targets

FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

22% 30% 33% 58% 80% 80%

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.
19

Authority 2009 2010 2011 2012

2013 

Est.

2014 

Est.

Cases pending, start of year 51 39 22 15 8 5

Petitions filed 43 52 39 45 24 36

Total caseload 94 91 61 60 32 41

Cases closed procedurally 41 46 33 38 22 31

Cases closed based on merits 14 23 13 14 5 10

Total cases closed 55 69 46 52 27 41

Cases pending, end of year 39 22 15 8 5 0

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

6% 17% 29% 50% 80% 80%

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 FSIP approves the procedure; seek the 

services and assistance of the Federal Mediation and Conciliation Service; or seek the assistance 

of the FSIP in resolving the negotiation impasse, only after the previous attempts have failed.

FSIP 2009 2010 2011 2012

2013

Est.

2014

Est.

Cases pending, start of year 22 69 36 53 38 63

Impasses filed 136 143 152 176 185 194

Total caseload 158 212 188 229 223 257

Cases closed 89 176 135 191 160 190

Cases pending, end of year 69 36 53 38 63 67
20

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 64% 92% 80% 80%

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.

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 79% 86% 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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 65% 77% 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 since 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 bargaining impasse disputes. The agency also provides 

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

Many of the FLRA’s training programs are now available as web-based training modules, 

bringing educational tools and resources directly to agency customers at their desks to further 

assist them in resolving labor-management disputes.

This performance goal was established in FY 2011 to emphasize the importance of using 

collaboration and ADR techniques along with other training, outreach, and facilitation services to 

assist the parties in minimizing and resolving labor-management disputes. The goal 

encompasses all three FLRA components.
21

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 87% 97% 90% 90%

The OGC has revised its FY 2013 target for this measure from 85 percent to 90 percent, based on 

actual performance in FY 2012.

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 88% 80% 80% 85%

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 93% 91% 90% 90%

The OGC has also revised its FY 2013 target for this measure from 85 percent to 90 percent, 

based on actual performance in FY 2012.

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 100% N/A 50% 75%

In FY 2012, there was only one arbitration case in which an offer of ADR services was accepted 

by the parties. The ADR process concerning that case was still ongoing at the end of the fiscal 

year. As a result, this performance measure, which tracks the partial or total resolution of 

accepted cases, did not apply in FY 2012.
22

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 87% 100% 80% 90%

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 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 29% 32% 30% 30%

The FSIP has revised its FY 2013 target for this measure from 25 percent to 30 percent, based on 

actual performance in FY 2012.

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

Results Targets

FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 332 221 175 200

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

activities.

Results Targets

FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

N/A N/A 11,975 8,933 5,000 6,000

The demand for training, outreach, and facilitation activities has continued to grow, with much 

of the demand in FY 2011 for overview training on instituting forums and pre-decisional 

involvement under Executive Order 13522. Since this training is now available through a webbased training course, and since forums should be well-established by the end of FY 2013, the 

FLRA expects the focus of its training, outreach, and facilitation services in FY 2014 to be on 

supporting the successful operation of these forums and further developing the skills for a 

successful labor-management relationship. In addition, the FLRA expects to have additional 

web-based training courses available to the parties in FY 2013 – including comprehensive 

arbitration, representation, and statutory training – that has otherwise been provided inperson. The targets for both training measures reflect in-person training only, and as such, are 

lower than the results for FY 2011 and FY 2012 as the FLRA has increased the delivery of its 

training through no-cost, web-based services.
23

GOAL 7: MODERNIZE AGENCY INFORMATION TECHNOLOGY 

BUSINESS SYSTEMS TO SUPPORT AND ENHANCE 

PROGRAM ACHIEVEMENT.

The FLRA’s CMS was implemented in FY 2011, and since that time, the agency has steadily 

built the necessary capacity for eFiling in all agency components, as well as development of a

complete electronic case file. The FLRA met its key milestones, and therefore anticipates 

increased customer use of the agency’s eFiling system in FY 2014, significantly enhancing the 

quality of the parties’ filings and reducing procedural deficiencies. In addition, the FLRA 

intends to begin implementing an end-to-end electronic case file in FY 2014, streamlining the 

internal processing and handling of agency case files.

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

Results

FY 2009 Awarded a contract for CMS development using a cloud solution.

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

FY 2011

Began developing an electronic case filing solution. Completed development 

of customer registration and FSIP eFiling capability.

FY 2012

Completed development of Authority and OGC eFiling capability. Began 

testing eFiling capability with customers.

Targets

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

FY 2014 50%

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

Results

FY 2009 N/A

FY 2010 N/A

FY 2011 N/A

FY 2012

Enhanced the CMS to provide the structure to support end-to-end electronic 

case processing.

Targets

FY 2013 Conduct a pilot program on end-to-end case processing.

FY 2014 Migrate one FLRA component to end-to-end electronic case processing.

This measure was established in FY 2012 to serve as an indicator of success in developing and 

implementing an end-to-end electronic case file.
24

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

CAPITAL TO MEET PROGRAM NEEDS.

The FLRA, in consultation with the Labor-Management Forum, made major gains in FY 2012 in 

terms of developing, managing, and utilizing human capital. Expansion of the alternative work 

schedule program allows employees to better balance their personal lives with the demands of 

their work. Implementation of an electronic time and attendance system, expected later in FY 

2013, will make time and attendance recording and submission more accurate and efficient.

Succession planning continues to be a major area of concern for the FLRA. Recently 

implemented developmental details for attorneys, both in Headquarters and in the OGC Regional 

Offices, will allow for the individual development of those who participate, and will also allow 

the agency to manage workloads and succession planning more strategically. The agency’s 

performance management and awards policies have also been revised to reflect a move from a 

pass-fail review system to one that assesses employee performance on a five-tiered scale. These 

revisions will make performance review more meaningful, and will ensure that awards are 

distributed on the basis of merit. A training needs assessment has also been conducted, with a 

high rate of response from agency attorneys and their supervisors in mission-critical positions. 

The results from that assessment have played a role in targeting training funds to the areas 

employees and supervisors deem most in need of development.

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

achieve results.

Results

FY 2009 N/A

FY 2010

Increased staffing levels in each program area. Improved employee work-life 

balance through implementation of a robust telework program and videoconferencing, thereby reducing travel costs and time away from family. 

Implemented an employee leadership developmental initiative in the OGC. 

Implemented a Student Temporary Employment Program. Began human 

capital e-initiatives to improve hiring through USA Staffing, an automated 

hiring system that engages the hiring manager in all aspects of the hiring 

process, reduces time-to-hire metrics, and improves applicants’ federal hiring 

experience.

FY 2011

Continued to focus on employee engagement through the Labor-Management 

Forum by increasing flexibility within the alternative work schedule program, 

beginning work on recognizing diversity through special emphasis programs, 

and initiating efforts to update employee awards programs. Formed a joint 

labor-management workgroup to design new performance management 

systems for both General Schedule and Senior Executive Service employees. 

Developed a training needs assessment that will be used to create individual 

development plans to address areas needing skills improvement and to further 

increase mission-critical competencies. Supported employee ideas, 

initiatives, and programs, such as “Bring Your Child to Work” day, Public 
25

Service Recognition Week, a health benefits fair, and a blood drive. Initiated 

brown-bag programs and an educational series to inform and develop 

employees in a casual setting. Continued human capital e-initiatives through 

implementation of USA Staffing, additional reporting tools, and electronic 

employee personnel records.

FY 2012

Expanded developmental offerings, including attorney details within other 

FLRA components and offices, competency-based training and career-ladder 

programs, and human resources workshops and educational brown-bags. 

Launched a Diversity and Inclusion Strategic Plan to make the FLRA a more 

inclusive and inviting workplace for employees. Hired summer student 

interns, in some cases using targeted minority hiring strategies to increase the 

agency’s diversity. 

Targets

FY 2013 Update the agency’s Human Capital Strategic Plan. Implement a web-based 

time and attendance system.

FY 2014

Focus on succession planning, including diversity and inclusion, in light of 

current retirement projections. Continue to develop employees strategically 

in accordance with agency needs and individual development plans. Assess 

progress to date on the overall agency human capital plan and its initiatives.

This measure was established in FY 2010 to be consistent with the FLRA Human Capital 

Strategic Plan.
26

BUDGET JUSTIFICATION

FY 2014 APPROPRIATION LANGUAGE

SALARIES AND EXPENSES

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

to Reorganization Plan Numbered 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] $25,490,000: 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 $25,490,000 in FY 2014 to fund employee salaries and related expenses 

necessary to meet its annual performance targets. The agency’s FY 2014 request would fund 

134 full-time equivalents (FTEs).

(In thousands of dollars)

Program Activity

FY 2012

Actual

FY 2013

Estimate

FY 2014

Request

Change 

from 

FY 2013

Authority $13,815 $13,688 $13,997 $309

Office of the General Counsel 10,062 10,403 10,581 178

Federal Service Impasses Panel 809 814 912 98

Direct Obligations $24,686 $24,905 $25,490 $585

FTEs 130 129 134 5

Note: FY 2013 includes $31,000 in prior-year carryover.

The requested FY 2014 funding level incorporates printing and information technology (IT) costsavings measures initiated over the past few years. Until FY 2011, for example, the FLRA 

printed loose-leaf reports of case decisions (RCDs) on a monthly basis. The RCDs set forth the 

draft version of the decision as it would appear in the bound volume and would provide 

practitioners with the final pagination of decisions for citation purposes, allowing an opportunity 

for correcting typos and other edits prior to final publication of the bound volume. The launch of
27

the FLRA’s modernized website and continual enhancements to the site have allowed the agency 

to post the bound volume version of its decisions within 24 hours of issuance, and edits are made 

to the decisions as they are discovered and reported. As such, the RCDs are no longer necessary 

for providing the final pagination and an opportunity to make edits prior to publication of the 

bound volume.

The agency has also historically provided free of charge to its customers – other federal agencies 

and federal unions – pocket-size copies of the Federal Service Labor-Management Relations 

Statute (the Statute) and the Back Pay Act. These “pocket Statutes” are used internally by FLRA

staff and by practitioners of federal labor-management relations law. The agency no longer 

supplies the pocket Statute to its customers because other federal agencies are now able to 

purchase them from the Government Printing Office. In addition, the FLRA posts an electronic 

version of the pocket Statute on its website for download by external users.

Furthermore, the requested funding level reflects an approximate 40 percent reduction in IT 

spending in FY 2014, as compared to the average spent on IT investments from FY 2010 through 

FY 2012. The FLRA has achieved this savings by strengthening its in-house capacity to develop 

and manage large-scale, agency-wide projects, such as development and implementation of its 

electronic case management and case filing systems. It also highlights the agency’s successful 

efforts in long-term strategic IT planning.

CHANGE FROM FY 2013

The FY 2014 request includes an increase of $797,000 over FY 2013 to cover rising employee 

compensation and benefit costs and office rent, and to provide for five additional FTEs – two in 

the Office of the General Counsel (OGC), one in the Federal Service Impasses Panel (FSIP or 

the Panel), one in the Office of the Administrative Law Judges (OALJ), and one in the FLRA 

Administrative Services Division (ASD). The requested increase has been partially offset by 

$212,000 in reduced contract support costs in FY 2014. The total increase over FY 2013, 

therefore, is only $585,000. It is 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 all inflationary price increases for FY 2014 contractual goods and 

services within current resource levels.

Personnel Compensation and Benefits

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

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

performance and employee morale improvements. Through the reallocation of existing funds, 

the FLRA was able to adequately staff the Authority to ensure that appropriate resources were 

available to address its case backlog at the time. As vacancies arose throughout FY 2010, the 

agency reallocated additional resources to rebuild capacity in the OGC and its management 

support offices. The reallocation 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 in the federal government, the FLRA will continue to 

assess the status of resources throughout the agency and to strategically reallocate funding to 
28

maximize organizational and program performance. The agency’s ability to reallocate staffing 

resources in order to make additional performance gains or to address infrastructure needs, 

however, has been significantly hampered.

The timeliness in which the FLRA resolves unfair labor practice (ULP) and representation cases 

directly affects the pace of government change. 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 direct bearing on how well and how 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.

ULP filings in the OGC have increased by approximately 20 percent since FY 2008. The earlier 

increases were 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 increase in ULP filings is expected to continue in 

FY 2014, albeit at a slower rate of less than one percent. 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 the parties filing more ULP charges.

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

Performance data shows that the ratio of cases filed to the number of field agents is the most 

reliable predictor of performance. As such, as the number of cases per agent increases, the 

percentage of cases resolved within the OGC’s case processing time targets decreases 

0

20

40

60

80

100

120

140

160

FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014

Full-Time Equivalents

134

142

129

114

128

119

131 130 129
29

significantly. Simply put, the OGC’s current staffing level permits timely case resolution in only 

slightly more than half of all ULP and representation cases. The OGC, therefore, is requesting 

an additional $175,000 to establish two additional entry-level agent positions to keep pace with 

its projected increase in case filings and to continue to improve performance in relation to its 

120-day ULP time target, which has been increased from 60 to 62 percent in FY 2014.

Moreover, 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.

The FSIP received nearly 60 percent more requests for assistance in FY 2012 than in FY 2008. 

Given the recent trend in case filings, the Panel expects the number of requests to increase by 

another five percent in both FY 2013 and FY 2014. In addition, the number of multiple-issue 

requests, primarily those involving impasses over successor collective bargaining agreements, 

will continue to increase proportionally. There currently are three such mega-impasses pending 

before the Panel. Such requests are extremely labor intensive, both to investigate and to resolve 

on the merits, and require extensive staff support of the Panel Members. Finally, as caseload 

increases, the demand for training on the Panel's processes also rises, as reflected in the number 

of requests received from unions, agencies, and conference providers in FY 2012. These 

opportunities are particularly important in educating the FSIP’s customers regarding the 

increased use of mediation-arbitration by Panel Members, as well as private facilitation and factfinding, to resolve impasses.

2006 2007 2008 2009 2010 2011 2012 2013

(Est.)

2014

(Est.)

IMP 134 115 111 136 143 152 176 185 194

80

100

120

140

160

180

200

220

Bargaining Impasses
30

The FSIP requests an additional $86,000 in FY 2014 to establish one new entry-level attorney 

position to keep pace with rising workload demands. The addition of a new entry-level staff 

attorney is also necessary to ensure that agency succession planning efforts are successful. In 

this connection, FSIP staff retirements are expected in the near future, and given the office’s 

limited staffing, the FLRA needs to develop immediately current staff prepared to handle the

Panel’s growing caseload.

FY 2014 also provides an opportunity for the FLRA Collaboration and Alternative Dispute 

Resolution Office (CADRO) to broaden its case-related alternative dispute resolution (ADR)

efforts, increasing its involvement in arbitration cases and assuming settlement judge duties for 

the OALJ. With respect to the former, the CADRO intends to become more active in arbitration 

cases – currently the office only contacts the parties in arbitration cases where they affirmatively 

assert an interest in CADRO services. In FY 2014, the CADRO intends to contact the parties in 

every arbitration case, as it does in negotiability cases, and thus expects an increase in the 

percentage of arbitration cases resolved using ADR – from 50 to 75 percent. As with 

negotiability cases, this would reduce the number of cases requiring a decision from the 

Authority, thereby reducing the Authority’s docket and allowing for faster resolution of 

arbitration cases.

Settlement judge responsibilities in the OALJ would also transition to the CADRO upon the

retirement of the OALJ’s current settlement judge. This would appropriately align an important

aspect of the agency’s ADR work within one office. The CADRO would thus be responsible for 

ULP settlement cases in the OALJ and negotiability and arbitration intervention cases in the 

Authority, as well as continuing its facilitation and training work. With the additional 

involvement of the CADRO, the OALJ anticipates a five percent increase in ADR settlement

performance in FY 2014. Transitioning the settlement judge position to the CADRO, however, 

would require additional staff for drafting OALJ decisions – duties that the settlement judge

currently performs – and accordingly, the OALJ requests an additional $87,000 in FY 2014 to 

establish a new entry-level attorney position. The position would be responsible for drafting 

OALJ decisions only, similar to attorneys on the Authority Members’ staffs, and is expected to 

increase timeliness with respect to the closure of OALJ cases requiring a decision after trial.

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

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

the ASD is responsible for managing physical and personal security, directing employee safety 

programs, and ensuring agency emergency preparedness. The FLRA 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 demands for basic administrative services have grown along with the FLRA’s increase in the 

delivery of services, training, and facilitation. The agency, therefore, requests an additional 

$87,000 to convert its current contract for administrative services to a new entry-level support 

services specialist position in FY 2014. The position would provide support across all offices 

and accordingly, would be more appropriately integrated into the FLRA’s long-term staffing 
31

plan. The additional cost would be nearly offset by terminating the agency’s current support 

contract, discussed more fully below. 

The FY 2014 requested level also includes an additional $247,000 to cover statutory pay raises

of a half percent in FY 2013 and one percent in FY 2014. Furthermore, FLRA benefit costs, as a 

percentage of compensation, 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 agency’s personnel benefits estimate, therefore, assumes that the ongoing, government-wide transition to the FERS will cost the FLRA an additional $35,000 in FY 

2014.

Rent

Since implementation of the telework program in January 2010, over 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 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. In response to growing participation in the FLRA telework program, the agency intends 

to reduce the size of its Headquarters by approximately 11,700 square feet by the end of FY 

2013. Despite reducing its overall space footprint, however, an additional $80,000 will still be 

necessary in FY 2014 to cover rising market rates in the Washington, DC area.

Contractual Services

As previously mentioned, the agency has requested additional funding to convert its annual 

administrative contract to a full-time federal employee. Terminating the FLRA’s current support 

contract in FY 2014 would generate savings of $70,000. The agency also expects to incur an 

additional $142,000 in build-out and other move-related costs in FY 2013, associated with its 

Headquarters consolidation and the relocation of the Denver Regional Office, that will not be 

necessary in FY 2014. The total decrease in FLRA contract support from FY 2013 is thus 

$212,000.
32

PROGRAM AND FINANCING SCHEDULE

(In thousands of dollars)

FY 2012

Actual

FY 2013 

Estimate

FY 2014

Request

Obligations by program activity:

Authority $13,821 $13,955 $13,997

Office of the General Counsel 10,101 10,231 10,581

Federal Service Impasses Panel 810 819 912

Total new obligations 24,732 25,005 $25,490

Budgetary resources:

Unobligated balance:

Nonexpenditure transfers:

Unobligated balance transfers between 

expired and unexpired accounts 27 31 0

Budget authority:

Appropriations, discretionary:

Appropriation 24,723 24,874 25,490

Spending authority from offsetting collections 

(gross) 46 100 0

Total budgetary resources available 24,796 25,005 25,490

Change in obligated balance:

Unpaid obligations:

Unpaid obligations, brought forward, Oct. 1 3,285 2,693 2,693

Obligations incurred, unexpired accounts 24,732 25,005 25,490

Outlays (gross) (24,740) (25,005) (25,490)

Recoveries of prior-year unpaid obligations, 

expired (584) 0 0

Unpaid obligations, end of year 2,693 2,693 2,693

Budget authority and outlays, net:

Discretionary:

Budget authority, gross 24,796 25,005 25,490

Outlays, gross:

Outlays from new discretionary authority 22,325 22,506 22,991

Outlays from discretionary balances 2,415 2,499 2,499

Outlays, gross (total) 24,740 25,005 25,490

Budget authority, net (total) 24,750 24,905 25,490

Outlays, net (total) $24,694 $24,905 $25,490
33

OBJECT CLASSIFICATION SCHEDULE

(In Thousands of dollars)

FY 2012

Actual

FY 2013 

Estimate

FY 2014

Request

Direct obligations:

Personnel compensation:

Full-time permanent $14,218 $14,424 $14,848

Other than full-time permanent 853 726 844

Other personnel compensation 221 291 301

Total personnel compensation 15,292 15,441 15,993

Civilian personnel benefits 4,004 4,207 4,372

Benefits for former personnel 4 0 0

Travel and transportation of persons 209 220 220

Transportation of things 11 10 10

Rental payments to GSA 2,544 2,624 2,704

Rental payments to others 18 21 21

Communications, utilities, and misc. charges 336 390 390

Printing and reproduction 27 30 30

Other services from non-federal sources 845 583 513

Other goods and services from federal sources 863 1,008 866

Operation and maintenance of facilities 4 5 5

Operation and maintenance of equipment 104 111 111

Supplies and materials 98 106 106

Equipment 327 149 149

Direct obligations 24,686 24,905 25,490

Reimbursable obligations:

Travel and transportation of persons 46 100 0

Reimbursable obligations 46 100 0

Total new obligations $24,732 $25,005 $25,490

EMPLOYMENT SUMMARY SCHEDULE

FY 2012

Actual

FY 2013 

Estimate

FY 2014

Request

Direct civilian full-time equivalent employment 130 129 134
34

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, a key goal of the 

Inspector General (IG) 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 IG conducts and supervises investigations, 

internal reviews, audits, and evaluations of the programs and operations of the agency. The IG

communicates the results of these 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 IG 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 2014 funding request includes $403,000 for the OIG. The funding level 

requested by the IG, including $5,000 for training and $1,000 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 2014.
35

 WASHINGTON, D.C. 20424-0001

INSPECTOR GENERAL

July 12, 2012

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 2014:

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY
36

 The aggregate budget request for the operations of the OIG is $402,571.

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

 The portion of this amount needed to support the CIGIE is $1,125. 

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 2014.

Inspector General

Federal Labor Relations Authority

U.S. FEDERAL LABOR RELATIONS AUTHORITY

1400 K Street, N.W.

Washington, DC 20424

www.flra.gov