WWW.FLRA.GOV 

U.S. FEDERAL LABOR RELATIONS AUTHORITY

Promoting and protecting labor-management relations

for effective, efficient Government.

PERFORMANCE AND 

ACCOUNTABILITY REPORT
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UNITED STATES

FEDERAL LABOR RELATIONS AUTHORITY

Performance and Accountability Report

2022
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TABLE OF CONTENTS

MESSAGE FROM THE CHAIRMAN ....................................................................................................6

MANAGEMENT’S DISCUSSION AND ANALYSIS............................................................................8

BACKGROUND AND MISSION............................................................................................................8

ORGANIZATIONAL STRUCTURE.......................................................................................................8

STRATEGIC AND PERFORMANCE-PLANNING FRAMEWORK......................................................................11

FY 2022 Performance Goals..............................................................................................................................13

PERFORMANCE SUMMARY.......................................................................................................................15

FINANCIAL ANALYSIS..............................................................................................................................32

MANAGEMENT ASSURANCES...................................................................................................................34

FY 2022 PERFORMANCE GOALS AND RESULTS ........................................................................36

Performance Goal 1.1.1: Timely investigate, prosecute, and adjudicate each case type (ULP, REP, ARB, 

NEG, Impasse)................................................................................................................................................36

Performance Goal 1.1.2: Resolve overage cases in a timely fashion ................................................................36

Performance Goal 2.1.1: Provide targeted training, outreach and prevention, and facilitation activities 

within the labor-management community.....................................................................................................58

Performance Goal 2.1.2: Provide effective, useful, up-to-date case-processing and case-law resources and 

trainings for the labor-management community...........................................................................................58

Performance Goal 2.2.1: Successful resolution of a significant portion of FLRA cases through ADR ...........60

Performance Goal 3.1.1: Demonstrate strong recruitment and retention practices ........................................63

Performance Goal 3.1.2: Maintain and grow agency expertise through employee development.....................64

Performance Goal 3.2.1: Improve eFiling capability and maximize its use in receiving case filings.............66

Performance Goal 3.2.2: Enhance employee technology usage and skills at every level .................................67

Performance Goal 3.3.1: Achieve high internal customer-service scores on delivery of administrative 

services ............................................................................................................................................................69

LEGACY STRATEGIC GOALS, OBJECTIVES, AND MEASURES....................................................................70

PRINCIPAL FINANCIAL STATEMENTS .........................................................................................76

MESSAGE FROM THE CHIEF EXECUTIVE OFFICER ..................................................................................76

BALANCE SHEET .....................................................................................................................................77

STATEMENT OF NET COST ......................................................................................................................78

STATEMENT OF CHANGES IN NET POSITION...........................................................................................79

STATEMENT OF BUDGETARY RESOURCES...............................................................................................80

NOTES TO THE FINANCIAL STATEMENTS ................................................................................................81

REPORT OF INDEPENDENT AUDITORS.....................................................................................................93

OTHER ACCOMPANYING INFORMATION ....................................................................................99

SUMMARY OF FINANCIAL STATEMENT AUDIT.........................................................................................99

SUMMARY OF MANAGEMENT ASSURANCES ............................................................................................99

IMPROPER PAYMENTS ELIMINATION AND RECOVERY...........................................................................100

INSPECTOR GENERAL MEMORANDUM ON TOP MANAGEMENT CHALLENGES.......................................101
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MESSAGE FROM THE CHAIRMAN

I am pleased to submit the Federal Labor Relations Authority (FLRA) 

2022 Performance and Accountability Report. FLRA is an independent 

Federal agency created by Title VII of the Civil Service Reform Act of 

1978, also known as the Federal Service Labor-Management Relations 

Statute (the Statute), 5 U.S.C. §§ 7101-7135. FLRA is a small agency 

with a large mission: overseeing the labor-management programs of 

most agencies in the Federal government.

To fully understand FLRA’s performance in 2022, it is important to 

provide some context. In the years leading up to 2021, FLRA 

experienced many challenges. FLRA budgets were sharply reduced. Over 25 percent of 

the Regional offices (two out of seven) were closed, and FLRA’s highly successful and 

vitally important Collaboration and Alternative Dispute Resolution Office (CADRO) was 

eliminated. Nearly 40 percent of the staff, including some of the most experienced and 

skilled staff, left the Agency, and few of those positions were backfilled. FLRA lacked a 

General Counsel (GC) for nearly four years, which resulted in an inability to issue unfair 

labor practice (ULP) complaints. New case filings increased. Together, these factors led to 

an unprecedented case backlog in the Office of the General Counsel (OGC) and an 

increasingly overage inventory of cases pending before the Authority. FLRA stopped

recognizing its employees’ elected, exclusive representative, the Union of Authority 

Employees (UAE). Employee morale plummeted, with FLRA dropping, over four years, 

from one of the top three best places to work to one of the bottom two, under the Best 

Places to Work in the Federal Government® small-agency rankings.

In 2021, FLRA began to make meaningful progress with respect to all of these challenges. 

In January, President Biden named me Chairman, and I immediately re-recognized the 

UAE. In March, President Biden appointed an Acting GC, which enabled the issuance of 

ULP complaints. To hear those complaints, FLRA’s Office of Administrative Law Judges

(OALJ) began holding virtual trials, a necessity in the COVID-19 era. The Authority

significantly reduced its number of pending cases. I restored CADRO and brought a 

number of seasoned professionals back to the Agency. President Biden appointed ten new 

Members of the Federal Service Impasses Panel, who were sworn in, and he nominated a 

GC and two Authority Members, including me. Additionally, I made a priority of 

employee morale improvement and employee engagement, which was reflected in FLRA’s 

jump in its ranking in the Best Places to Work in the Federal Government rankings: from

the bottom two in 2018 and 2019 to the seventh-best small agency to work for in 2021 –

making FLRA the second-most-improved small agency in the Federal government.

In 2022, FLRA continued to experience challenges, including increased case filings, 

particularly in the OGC, and FLRA not receiving its requested budget – which, 

unfortunately, left staffing at approximately FY21 levels. Despite these substantial 

challenges, FLRA continued to make progress. The OGC significantly reduced its case 

backlog. A new Authority Member was confirmed, and the Authority reduced its pending 

caseload by approximately 50 percent over FY22, ending the year with its lowest pending 

caseload in many years. All FLRA components met or exceeded most or all of their annual 

performance goals. FLRA substantially increased its delivery of educational materials 
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through a variety of means, including highly successful animated videos focused on 

specific topics. Finally, internally, FLRA restored its labor-management forum – another 

effort to continue employee reengagement and to lead the labor-management community 

by example.

This continued progress is important, because FLRA’s ability to perform its mission well 

can improve other agencies’ abilities to perform their own missions. As both the Statute 

and President Biden's Executive Order 14025, Worker Organizing and Empowerment

recognize, “experience in both private and public employment indicates that the statutory 

protection of the right of employees to organize, bargain collectively, and participate 

through labor organizations of their own choosing in decisions which affect them . . . 

safeguards the public interest, . . . contributes to the effective conduct of public business, 

and . . . facilitates and encourages the amicable settlements of disputes between 

employees and their employers involving conditions of employment.” And, as President 

Biden’s Executive Order 14003, Protecting the Federal Workforce observes, “Career civil 

servants are the backbone of the Federal workforce, providing the expertise and 

experience necessary for the critical functioning of the Federal Government.”

More than ever, FLRA should lead in making federal labor-management relations work. I 

am firmly committed to this goal. And I am proud to have the honor to serve as FLRA 

Chairman and continue to work alongside its incredibly resilient and resourceful 

employees.

Ernest DuBester

Chairman and Chief Executive Officer

Federal Labor Relations Authority
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MANAGEMENT’S DISCUSSION AND ANALYSIS

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 (60 percent) of whom 

are represented in 2,200 bargaining units. 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 genesis dates from the issuance of Executive Order 10988 by President 

Kennedy in 1962, which established the first government-wide, labor-managementrelations 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 

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.

FLRA’s mission is to exercise leadership in preventing and resolving labor-management 

disputes, giving full effect to the collective-bargaining rights of employees, unions, and 

agencies. Although FLRA is a small agency, accomplishing its mission in an effective and 

efficient manner is key to enabling the Federal Government, as a whole, to adapt to 

changing circumstances, as necessary, to continue delivering the highest quality services 

to the American public, and to deliver a nimbler, more innovative Federal Government.

FLRA does not initiate cases; all proceedings before FLRA originate from filings by 

Federal agencies and employees, or labor organizations which represent federal 

employees. If a labor-management dispute remains unresolved for too long, then mission 

accomplishment at the affected agencies likely will suffer. In many ways, FLRA provides 

the grease for the wheels of government. As such, its influence is important beyond its 

size.

ORGANIZATIONAL STRUCTURE

FLRA consists of the Authority, the Office of the General Counsel (OGC), and the Federal 

Service Impasses Panel (FSIP). The Agency also provides full staff support to two other 

organizations, the Foreign Service Impasse Disputes Panel and the Foreign Service Labor 

Relations Board.
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The Authority

The Authority, FLRA’s bipartisan, adjudicatory body, comprises three full-time Members 

appointed by the President with the advice and consent of the Senate. The Members are 

appointed for fixed, five-year, staggered terms, and the President designates one Member 

to serve as Chairman. The Chairman acts as the Agency’s chief executive and 

administrative officer.

The Authority, first and foremost, is directed to “provide leadership in establishing 

policies and guidance” related to the purposes of the Statute. The Authority is specifically 

empowered to resolve disputes over the negotiability of proposals made in collective 

bargaining; resolve exceptions to grievance-arbitration awards; determine whether 

conduct alleged in a complaint constitutes an unfair labor practice (ULP); and review 

decisions of Regional Directors in representation disputes over bargaining unit 

determinations and elections. The Authority Members appoint Administrative Law 

Judges (ALJs) to hear and prepare recommended decisions in cases involving ULP 

complaints. The ALJs’ recommended decisions may be appealed to the Authority.

Other offices and programs under the Authority’s jurisdiction include the Office of the 

Executive Director, Office of the Solicitor, Office of Administrative Law Judges (OALJ),

Collaboration and Alternative Dispute Resolution Office (CADRO), Office of Case Intake 

and Publication (CIP), and the Equal Employment Opportunity Program (EEO). The 

Office of Inspector General (OIG) stands as an independent entity within the Authority.

Office of the General Counsel (OGC)

The General Counsel, appointed by the President with the advice and consent of the 

Senate, has separate and independent responsibilities from the Authority. Under the 

Statute, the General Counsel has sole responsibility over the investigation and 

prosecution of ULP charges and complaints. The General Counsel’s determinations in 

these matters are final and unreviewable. The General Counsel has direct authority over, 

and responsibility for, all employees in the OGC, including those in FLRA’s Regional 

Offices.

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

D.C. Headquarters management provides administrative oversight; develops policies, 

guidance, procedures, and manuals, that provide programmatic direction for the Regional 

Offices; provides training and education for the parties; and processes appeals from the 

Regional Offices’ dismissals of ULP charges. Each Regional Office is headed by a Regional 

Director who provides leadership and management expertise for their respective Regions.

The Regional Offices, on behalf of the General Counsel, investigate and resolve alleged 

ULP charges, file and prosecute ULP complaints, effectuate compliance with settlement 

agreements and Authority Orders, and provide training and alternative dispute 

resolution services. In addition, through delegation from the Authority, the Regional 

Offices investigate and resolve representation petitions (REP) and conduct secret-ballot 

elections. Currently, 40 percent of FLRA staff are employed in the Regional Offices, where 

all ULP charges and REP petitions are filed.
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There are five Regional Offices located in Atlanta, Georgia; Chicago, Illinois; Denver, 

Colorado; San Francisco, California; and Washington, D.C.

Federal Service Impasses Panel (FSIP)

The Federal Service Impasses Panel is composed of part-time Presidential appointees who 

are appointed to fixed, staggered five-year terms. The FSIP assists in resolving 

negotiation impasses between Federal agencies and labor organizations representing 

Federal employees that arise from collective-bargaining negotiations under the Statute 

and the Federal Employees Flexible and Compressed Work Schedules Act.

STRATEGIC AND PERFORMANCE-PLANNING FRAMEWORK

The FLRA has established strategies and goals designed to maximize the delivery of 

agency services throughout the Federal Government through a comprehensive review –

by leadership at all levels throughout the Agency – of its operations, staffing, work 

processes, resource allocations, and performance. Throughout FY 2022, the FLRA has 

engaged in a continuous assessment of its performance to ensure it is accomplishing its 

mission, effectively and efficiently, and that it is promoting innovation.

The FLRA’s FY 2022 performance-planning framework is based on the Agency’s FY 2022

- 2026 Strategic Plan, and it is supported by the Agency’s Annual Performance Plan, 

which establishes the annual performance goals and measures. The Annual Performance 

Plan reflects the FLRA’s commitment to establishing meaningful metrics that will assist 

in assessing performance outcomes, aligning resources, and effectively identifying staffing 

and training needs. The Annual Performance Plan also demonstrates the FLRA’s ongoing 

commitment to organizational excellence.

The FLRA continually and strategically monitors its progress in accomplishing the goals 

and measures set forth in the Annual Performance Plan. This ongoing review is 
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conducted on a monthly basis with distribution of the Strategic Milestones and 

Accountability Report (SMART), which contains case and performance data derived from 

the FLRA’s Case Management System (CMS) and agency management. The Agency

examines the data in the SMART Report in several forums, and – consistent with FLRA’s 

value of transparency and employee engagement around all agency matters, including 

process and performance improvements – it shares the Agency’s status toward meeting 

its case-processing performance goals with all employees monthly. At the component and 

office levels, there are also daily performance assessments using a variety of reports, 

including: case-filing reports, which track the number and age of cases; case-status 

reports, which track the status of all assigned pending cases within the Authority, the 

OGC, and the FSIP; and monthly disposition reports, which track the number, age, and 

resolution type of every closed case within the Authority and the OGC.

The analysis and assessment of these reports drive, among other things: adjustments in 

workload through case transfers at the national, Regional, and office levels; decisions to 

target services (including training, facilitations, and on-site investigations) to certain 

parties or geographical locations; and reallocation of resources, including use of details 

and contract support.

FLRA Strategic Goals

Strategic Goal #1 Strategic Goal #2 Strategic Goal #3

We will resolve disputes 

under the Federal Service 

Labor-Management Relations 

Statute in a timely, highquality, and impartial 

manner.

We will promote stability in the 

federal labor-management 

community by providing 

leadership and guidance 

through Alternative Dispute 

Resolution and education.

We will manage our resources 

effectively and efficiently in 

order to achieve organizational 

excellence.

Strategic Objectives

1.1. Achieve or exceed caseresolution timeliness 

measures, as established by 

each component.

2.1. Offer high-quality outreach 

and prevention services, as 

well as reference resources, 

to promote more effective 

labor-management relations 

across the federal 

government.

3.1. Recruit, retain, and 

develop a highly talented, 

motivated, and diverse 

workforce to accomplish the 

FLRA’s mission.

1.2. Set a high standard of 

quality for the caseresolution process.

2.2. Maximize the use of 

Alternative Dispute 

Resolution practices in case 

resolution.

3.2. Improve usage of existing 

technology and deploy new 

IT systems to streamline and 

enhance organizational 

operations.

3.3. Act as an effective steward 

of agency resources.

The FLRA seeks to achieve its strategic goals primarily through the timely, high-quality, 

and impartial review and disposition of cases. The Agency supplements these efforts with 
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a focus on reducing litigation and its attendant costs by helping parties to resolve their 

own disputes through collaboration, ADR, education, and labor-management-cooperation 

activities. Further supporting these efforts is the FLRA’s focus on more effective and 

efficient use of human capital and internal improvements in information technology (IT).

FY 2022 PERFORMANCE GOALS

Performance Goal 1.1.1: Timely investigate, prosecute, and adjudicate each case type 

(ULP, REP, ARB, NEG, IMPASSE)

Performance Goal 1.1.2: Resolve overage cases in a timely fashion

Performance Goal 1.2.1: Develop a mechanism for soliciting external feedback on the 

FLRA case-resolution process

Performance Goal 1.2.2: Score highly on internal quality reviews regarding the caseresolution process

Performance Goal 2.1.1: Provide targeted training, outreach and prevention, and 

facilitation activities within the labor-management community.

Performance Goal 2.1.2: Provide effective, useful, up-to-date case-processing and caselaw resources and trainings for the labor-management community.

Performance Goal 2.2.1: Successful resolution of a significant portion of FLRA cases 

through ADR.

Performance Goal 2.2.2: Expanded use of ADR in ARB cases.

Performance Goal 2.2.3: Examination of potential expanded use of ADR in REP cases.

Performance Goal 3.1.1: Demonstrate strong recruitment and retention practices.

Performance Goal 3.1.2: Maintain and grow agency expertise through employee 

development.

Performance Goal 3.1.3: Develop internal tools and benchmarks for skills assessment, 

training-needs assessment, and effective succession planning.

Performance Goal 3.2.1: Improve eFiling capability and maximize its use in receiving 

case filings.

Performance Goal 3.2.2: Enhance employee technology usage and skills at every level.

Performance Goal 3.3.1: Achieve high internal customer-service scores on delivery of 

administrative services.

Performance Goal 3.3.2: Meet or exceed established operational measures.

Performance Goal 3.3.3: Be a leader in the Federal Employee Viewpoint Survey and in 

the “Best Places to Work in the Federal Government” rankings.

2022-2026 Strategic Plan

In FY 2021, the FLRA reviewed its operations, staffing, work processes, resource 

allocations, and performance, and established strategies and goals that are designed to 

maximize the delivery of agency services throughout the federal government. This 

strategic plan’s development revolved around a return to the principles of the 2015-2018 
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Strategic Plan, for which FLRA leadership undertook a structured process that solicited 

the perspectives of the Agency’s diverse employee, customer, and stakeholder base. That 

strategic-planning team comprised representatives from each FLRA component and the 

employees’ representative organization, the Union of Authority Employees. At that time, 

the team internally conducted one-on-one interviews with the FLRA’s entire leadership 

team, held targeted focus-group meetings with managers and employees, and solicited 

employee feedback through online message boards and e-mails.

For external stakeholders, the FLRA then held a series of focus groups, in which 

representatives from seven federal-employee unions and twelve federal agencies provided 

input on FLRA services and performance. In addition to soliciting feedback from agencies 

that use FLRA resources or who are parties to FLRA cases, the FLRA also sought input 

from the Office of Management and Budget (OMB) in the early stages of the strategicplanning process. Equipped with these perspectives and guided by the FLRA’s core values 

of transparency, accountability, open dialogue, and pre-decisional involvement, the 

strategic-planning team held working sessions to develop and memorialize the goals, 

objectives, and performance measures of this strategic plan.

Timeliness and Quality

Continued improvements in the timeliness of case disposition further the FLRA’s critical 

role in facilitating orderly, effective, and efficient change within the Federal Government. 

In large part, the FLRA exists to promote effective labor-management relations that, in 

turn, permit improved employee performance and Government operations. Timely 

resolution – or avoidance – of FLRA cases is critical to this endeavor. And effective case 

resolution includes not only timeliness, but also: effective process execution; clear 

communication with the parties around case processes; and the issuance of well-written 

and understandable decisions that provide deliberate, impartial, and legally sound 

analyses and consideration of the issues in dispute.

The Agency facilitates improvements in performance, Government-wide, that have 

inevitable effects on employee working conditions and that implicate the bargaining 

rights of the more than 1.2 million employees represented by labor organizations. Unless 

management and labor can collaboratively resolve their disputes and avoid litigation or –

failing that – have their disagreements adjudicated expeditiously by the FLRA, 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 environmental, budgetary, and policy challenges facing them. 

Alternative Dispute Resolution and Education

Throughout the years, the Authority, the OGC, and the FSIP have not only recognized the 

many benefits associated with using ADR to resolve workplace disputes, but they have 

also integrated ADR techniques into all aspects of case processing. Put simply, offering 

ADR services in every case results in faster, more effective outcomes for the parties and 

the FLRA. For this reason, the Agency continues to leverage existing staff and resources 

to increase its ADR reach. This includes partnering with other agencies and entities –

such as the Federal Mediation and Conciliation Service (FMCS), Federal Executive 
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Boards, and the Office of Personnel Management (OPM) – to train large numbers of 

practitioners.

In addition, the FLRA’s training initiatives are intended to make case processing more 

effective and efficient, and to better serve the FLRA’s customers by providing meaningful 

and clear guidance on statutory rights and responsibilities. Timely and efficient case 

processing is furthered by FLRA customers being knowledgeable about their rights and 

obligations under the Statute, as well as FLRA case law, regulations, and case-processing 

procedures. The FLRA has substantially increased its delivery of educational materials 

through a variety of means, such as: live training sessions; comprehensive, web-based 

training modules; and most recently, highly successful animated videos focused on 

specific topics. All of these materials have been developed to assist members of the 

Federal labor-management-relations community with issues and cases arising under the 

Statute. Using collaboration and ADR techniques – alone or in conjunction with other 

training, outreach, and facilitation services – to assist parties in minimizing or resolving 

labor-management disputes significantly reduces the need for litigation and its attendant 

costs, and it gets the parties back to work accomplishing their missions and delivering 

effective and efficient Government services.

PERFORMANCE SUMMARY

The FLRA’s mission is: “Exercising leadership in preventing and resolving labormanagement disputes, giving full effect to the collective-bargaining rights of employees, 

unions, and agencies.” Accomplishing its mission, including timely and quality resolution 

of labor-management disputes, is essential for program performance government-wide.

This performance summary section breaks down, by office and initiative, various 

highlights and accomplishments of the FLRA’s fiscal year performance. It also lists 

challenges faced throughout the year.

Mission – Case Processing & ADR

With respect to its mission accomplishments, the FLRA as a whole has continued its 

restoration efforts in providing customers with timely and quality adjudication and 

dispute-resolution services. However, the FLRA has struggled with significant obstacles 

in meeting its mission requirements. In addition to increased case filings and backlogs in 

certain Agency components, the FLRA experienced a wave of key employee retirements 

and departures, along with funding obstacles preventing the Agency from fully restoring 

needed staff to complete its mission. Since January 2021, through the prudent 

management of resources, as well as the incredible, exhaustive efforts of the limited 

number of Agency employees we currently have, FLRA has been able to meet, in most 

areas, its minimum level of performance under the Statute.

The Authority

The Authority met or exceeded most (7/13) of its performance goals in FY 2022. 

Specifically:

• For negotiability cases, the Authority issued 75% of cases (50/67) within 365 days, 

meeting its 75% target.
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• For representation cases, the Authority continued to meet the statutory 

requirement to determine whether to grant review in 100% (6/6) within 60 days of 

filing of an application for review from a Regional Director’s determination.

• For representation cases in which the Authority granted applications for review, 

the Authority issued 83% of cases (5/6) within 210 days, exceeding its 75% target.

• For representation cases, the average age of a case closure was 119, significantly 

beating the Authority’s target of 214 days.

• For ULP cases:

o The Authority issued 100% of cases (11/11) within 300 days, exceeding its 

75% target.

o The Authority issued 100% of cases (11/11) within 365 days, exceeding its 

75% target.

o The average age of a case closure was 111, significantly beating the 

Authority’s target of 526 days.

Further, the Authority came very close to meeting four additional goals:

• For negotiability cases:

o The Authority issued 73% of cases (49/67) within 300 days, falling slightly 

short of its 75% target – but only one more timely case closure would have 

resulted in the Authority meeting this goal.

o The average age of a case closure was 223 days, falling only 24 days short of 

the 247-day target.

• For representation cases, the Authority issued 83% of cases (5/6) within 365 days, 

falling short of its 100% target – but, again, only one more timely case closure 

would have resulted in the Authority meeting this goal.

• For arbitration cases, the average age of a case closure was 405 days, falling only 

30 days short of the 375-day target.

The Authority did not meet or substantially meet its remaining 2 goals. Specifically:

• For arbitration cases:

o The Authority issued only 25% of cases (35/126) within 210 days, failing to 

meet its target of 75%.

o The Authority issued only 56% of cases (70/126) within 365 days, failing to 

meet its target of 90%.

However, context is important to understanding the Authority’s performance on the latter 

two measures. In FY 2022, the Authority continued to focus on issuing its oldest cases, 

most of which were arbitration cases. Additionally, as evidenced above, the Authority 

worked hard to meet its performance goals with regard to the three other case types. As 

the Authority underwent these efforts, however, newer arbitration cases also went 

overage, thus making it increasingly more difficult for the Authority to meet these 

targets.

Nevertheless, the Authority also continued its FY 2021 trend of reducing its pending 

caseload, ending the year with 100 pending cases – approximately a 50 percent reduction 

from the end of FY 2021 (153 cases) and more than a 100 percent reduction from the end 

of FY 2020 (217).
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Moreover, in FY 2022, the Authority conducted a data-driven review of its prior 

challenges in meeting its performance goals to assess whether and how those goals should 

be changed. The Authority assessed that, in large part, a 2019 change in how case 

timeliness is measured – beginning from the date of initial filing, rather than from date of 

assignment to Member offices for processing on the merits – failed to account for 

numerous variables (party requests for extensions of time, necessary procedural and 

jurisdictional orders, the need to account for mail delays in final filings before assigning a 

case, etc.) that can significantly delay assignment of cases to Member offices. Thus, in FY 

2023, the Authority will return to measuring timeliness based on the date of assignment 

to Member offices. (For negotiability cases, which are statutorily required to be processed 

expeditiously, the Authority will continue measuring timeliness based on date of filing.) 

At the same time, the Authority also developed new goals to ensure that cases are 

promptly assigned to Member offices after a final, procedurally sufficient filing is due or 

received. Further, in order to capture the overall state of pending cases, the Authority 

also will apply new measures that track the average age of pending cases at the end of FY 

2023, relative to the average age of pending cases at the end of FY 2022.

The current state of the Authority’s caseload, combined with these new, more data-driven 

performance goals, should position both the Authority and its parties for success in the 

future.

The Office of Administrative Law Judges

Upon the appointment of an Acting General Counsel on March 23, 2021, the OGC 

recommenced complaint processing which led to the OALJ also restarting its ULP work, 

including adjudicating Complaints and Notices of Hearing (CNOH) filed with the OALJ. 

The OALJ ended FY 2021 with 130 CNOH filed with the OALJ, issuing decisions in two 

of those cases and resolving another eighteen cases, without needing to hear the case at 

trial.

During most of FY 2022, the OALJ had only two Administrative Law Judges (ALJs) to 

hear cases. These judges conduct hearings and issue recommended decisions on cases 

involving alleged unfair labor practices (ULPs). Judges’ unique skill set entails engaging 

those cases that fail to settle into adversarial proceedings in order to bring relief to the 

parties. While judges can conduct legal research and writing tasks, FLRA has prioritized 

their limited time to conducting trials in order to bring justice to litigants who have been 

waiting years for their dispute to be heard and resolved. 

By the end of FY 2022, 266 complaints were filed with the OALJ and eleven decisions 

were rendered. The most significant statistic, however, is the number of cases which were 

settled once filed with the OALJ - 174 cases were resolved without the need to hear the 

case at trial. 

The OALJ – through its Settlement Judge Program administered by the CADRO 

practitioners –provides alternative dispute-resolution (ADR) services in ULP complaint 

cases. ADR success rates in resolving cases in prior years averaged more than 82%. This 

illustrates that the delivery of ADR services in ULP case processing results in more 

efficient program performance and timely resolution of disputes.
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Since an Acting General Counsel was appointed by President Biden, OALJ has been 

scheduling four to six ULP cases per ALJ for hearing every other week in order to 

aggressively reduce the backlog. This schedule over FY 2021-2022, as well as settlement 

efforts by the OGC, resulted in the reduction of the initial 494-complaint backlog to only 

54 remaining backlogged cases by the end of FY 2022. Since the FLRA filled an ALJ 

vacancy in September 2022, the OALJ expects that the remaining 54 cases, along with 

the pending case load of 276 new complaints, will continue to be resolved quickly – either 

by settlement or through adjudication by an ALJ.

Collaboration and Alternative Dispute Resolution Office (CADRO)

In the last half of FY 2021, FLRA reinstituted CADRO after a hiatus of several years. 

FLRA’s highly successful and vitally important CADRO has been key to FLRA mission 

performance for most of the past 25 years. CADRO conflict-management experts serve the 

dual role of efficiently resolving complex, sensitive cases pending before FLRA and 

delivering training, facilitation, and other services in support of the President’s initiative 

to restore constructive labor-management relationships between federal agencies and 

unions. Like ADR generally, CADRO has earned significant bipartisan support.

Since this office was restored in 2021, CADRO played a crucial role in accomplishing 

FLRA’s performance goal to resolve cases and reduce litigation and its attendant costs. 

CADRO offers FLRA parties voluntary, confidential mediation to achieve timely 

resolution of negotiability disputes and arbitration exceptions pending before the 

Authority, as well as settlement conferences in pre-complaint and post-complaint ULP 

cases. CADRO dispute-resolution services serve the dual purpose of preventing 

unnecessary and costly litigation before FLRA and making case processing more effective 

and efficient.

CADRO continues to be essential to prevent and reduce case backlogs for the Authority 

and OALJ. CADRO staff resolve sensitive arbitration exception (appeal) cases and 

complex legal issues in negotiability cases, thereby enabling Members and their attorneys 

to adjudicate other matters on the Authority’s docket. The multi-year ULP complaint 

backlog continues to skew the CADRO caseload heavily in that direction. CADRO staff 

conduct settlement conferences that result in resolution of most ULP complaints pending 

before FLRA’s ALJs, thereby preventing these cases from becoming hopelessly backed up 

waiting for trial.

CADRO also is an important vehicle through which FLRA exercises leadership in the 

manner envisioned by the President in his April 26, 2021 Executive Order on Worker 

Organizing and Empowerment (14025), and his January 22, 2021 Executive Order 

Protecting the Federal Workforce (14003). During the last half of 2021, CADRO staff 

expertly delivered facilitation, training, and fractured-workplace-relationship repair 

initiatives to more than 500 agency and union representatives. During 2022, CADRO 

staff delivered similar services to more than 1800 people who were seeking better ways to

constructively manage workplace conflict and prevent unavoidable conflict from erupting 

into destructive disputes. CADRO staff helped workplace representatives learn how to 

prevent, manage, and resolve difficult, pragmatic issues that give rise to the legal 

disputes before FLRA. These services not only minimize the need for third-party 

intervention, they enable agencies and unions to begin fundamentally changing
19

workplace relationships. The result is better mission performance and better quality of 

work life throughout Government, real evidence that these initiatives work. 

Consequently, the value of CADRO dispute-prevention and dispute-resolution services 

goes far beyond the staff hours and the taxpayer dollars that it saves by settling disputes.

CADRO’s current caseload of negotiability petitions, arbitration exceptions, and ULP

complaints far exceeds any prior period. Since March of 2021, CADRO has received 

requests to mediate more than 500 disputed language provisions and proposals in 

negotiability cases. So far, CADRO is exceeding its historical average of more than 90 

percent resolution rate.

CADRO practitioners also staff the Settlement Judge Program in the Office of 

Administrative Law Judges. Since late 2021, they have been actively involved in about 

150 ULP complaints. Thus far, CADRO is meeting or exceeding the historical target of an 

80 percent settlement rate. CADRO is doing its best to prepare for an equally large ULP 

caseload for at least the next two fiscal years. 

CADRO began 2021 and ended 2022 with only two FTEs and no dedicated administrative 

support. In its 2022 and 2023 budget requests, FLRA requested funds to restore the third 

CADRO FTE that was eliminated in 2017. The current and projected caseload is an 

unsustainable number for two FTEs. They cannot possibly keep pace with projected 

requests to resolve backlogged ULP complaints pending before FLRA ALJs in addition to 

arbitration exceptions and complex negotiability cases containing hundreds of legal 

disputes pending before the Authority Members. Nor can they fully satisfy joint agency 

and union requests for training, facilitation, and assistance improving essential labormanagement relationships, all of which are key to FLRA accomplishing its mission and to 

support the White House priority to promote stable, constructive labor relations.

The Office of the Solicitor

The Office of the Solicitor represents FLRA in court proceedings before all U.S. courts, 

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

Courts. During 2022, the Solicitor’s Office litigated numerous cases in the Federal courts, 

including filing briefs supporting Authority decisions arguing challenges to those 

decisions in court. After the courts ruled in those cases, the Solicitor’s Office provided 

timely and thoughtful advice to the Authority component of the FLRA concerning the 

court decisions. The Solicitor’s Office managed a significant caseload in 2022, and the 

volume of that caseload is expected to continue in 2023 as parties seek review of 

Authority decisions in the courts of appeals under 5 U.S.C. § 7123(a).

The Solicitor also serves as FLRA's in-house counsel, providing legal advice to FLRA 

components on all facets of Government operations, including ethics, FOIA, privacy, 

human resources, fiscal law, and the Administrative Procedure Act. It met all reporting 

and substantive deadlines under those authorities.

The Office of the General Counsel

The OGC had not had a GC or Acting GC since November 17, 2017. On March 23, 2021, 

President Biden announced the appointment of Charlotte A. Dye as the Acting General 
20

Counsel of the Federal Labor Relations Authority. That appointment allowed appeal and 

complaint processing to recommence.1 At that time, there was a backlog of 386 appeals 

and 494 complaint recommendations.

With only two professionals, the Acting General Counsel and one Assistant General 

Counsel (AGC), the OGC-HQ has been able to keep its head just above water by 

neglecting all things but direct mission-related work. In the twenty months since the 

Acting GC was designated, 230 of the 386 appeals determinations have been completed.

The OGC faced an initial 494-case backlog of complaints when the Acting GC was 

designated in March 2021. In just nineteen months, complaint issued in 266 cases for 

litigation before the OALJ. The OGC resolved another 174 of these cases without the need 

to issue complaint, leaving only 54 of the initial 494 cases remaining. Of course, while 

OGC staff were working on the initial 494-case backlog, 442 additional complaint 

recommendations were made on charges filed after March 2021, 166 of which have been 

resolved/litigated and 276 are pending resolution or issuance of complaint. Each day, 

more complaint recommendations are made on newly filed charges, so the backlog of 

complaint cases continues.

The OGC saw a 51% increase in ULP charges filed in FYs 2021 and 2022. Similarly, REP 

petitions filed have also risen, by 49% just in FY22. The ULP and REP case filings are 

nearing the numbers filed prior to 2017. In 20182, the OGC employed 42 professionals: in 

2022, 27.

The OGC conducted approximately 62 training sessions in FY 2022, a 15% increase over 

FY 2021, and, due to the creation and use of online videos, reached an astounding 18,791 

participants. The FLRA’s parties are clamoring for additional training, often filling up 

live online sessions within a day of posting to the FLRA website.

At the same time that federal agencies and employees and the unions which represent 

them are calling for more training on the Statute, OGC online written resources are 

languishing. The ULP and REP Case Handling Manuals, REP Hearing Guide, and OGC 

ULP and REP Case Law Outlines, have not been substantively updated since 2015. These 

resources were created at a time when the OGC had two AGCs to steer this work –

positions which assisted the Deputy General Counsel (DGC) to deal with the operations of 

the Regional Offices and legal policy for ULP and REP cases. Updates to these crucial 

outlines, manuals, and guides, have not been made because there is, essentially, no staff 

in the OGC to complete it. 

The OGC plays a vital role in facilitating orderly, efficient, and effective change within 

the Federal Government. Inadequate staffing interferes with the OGC’s ability to 

promptly investigate and resolve ULP charges and REP petitions. Given the high rate of 

 

1 Under the Statute, the OGC may not determine appeals or issue complaints in the absence of a 

General Counsel or Acting General Counsel. 2 After March 2018, the number of OGC professional staff dropped as a result of the elimination of 

two Regional offices, the resignation of staff, and those vacancies being left unfilled.
21

unionization in the Federal Government, work place change frequently requires collective 

bargaining or a representation proceeding, or both. Indeed, the vast majority of ULP and 

REP cases are filed in connection with a management-initiated change in conditions of 

employment.

The pace at which the OGC resolves these ULP and REP cases directly affects the pace of 

government change. In this regard, the Statute generally obligates management to 

maintain the status quo during negotiations and during the pendency of a representation 

proceeding. Moreover, the core purpose of the Statute is to promote collective bargaining 

as a means of fostering improved employee performance, quality of work life, and 

government operations. Hence, the quality and timeliness of OGC case dispositions and 

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

opportunities also directly impact the effectiveness and efficiency of government change.

The OGC was severely understaffed in FY 2022, with only 27 agents in the Regional 

Offices. The FY 2022 performance of OGC staff, given the complaint backlogs and the 

exponential increase in case filings, is nothing short of miraculous.

The Federal Service Impasses Panel

On February 2, 2021, President Biden called for the resignation of the ten Members of the 

FSIP. On September 15, 2021, Chairman DuBester swore in ten new Members appointed 

by President Biden. In the interim, the work of the FSIP was halted. Thus, caseprocessing statistics are skewed. The FSIP closed 45 cases in 2021. The Biden 

Administration Panel was onboarded and began engaging federal parties in helping to 

resolve collective bargaining impasses in October 2021. In FY 22, the Biden 

Administration Panel successfully resolved the backlog of cases that remained after the 

termination of the Trump Administration Panel, and met or exceeded all of its timeliness 

measures for assisting parties in resolving their negotiation impasses.

Mission Accomplishment – Providing Training and Education across the 

Federal Government

Consistent with its strategic goals, in FY 2022, the FLRA continued to promote stability 

in the federal labor-management community by providing leadership and guidance 

through education and reference resources, including web-based and in-person trainings, 

and substantive guides and manuals.

Education and Training Tools

FLRA provides valuable education and training tools to the Federal labor-managementrelations community in all aspects of its case law and processes. Providing meaningful 

and clear guidance on statutory rights and responsibilities so that its customers are 

knowledgeable furthers timely and efficient case processing and is an important function 

of FLRA under the Statute. FLRA delivers its educational materials through a variety of 

means, primarily through its decisions, but also through in-person training sessions; webbased training modules, and YouTube videos; and case outlines, manuals, and subjectmatter guides that are easily accessible on FLRA.gov.
22

Training

FLRA addressed specific requests of parties for targeted training. Agency components 

have traditionally provided training on statutory principles governing ULPs, 

representational issues, negotiability disputes, and arbitration exceptions. Providing 

such external training to Federal agencies and labor organizations regarding their rights 

and obligations under the Statute directly promotes FLRA’s mission of protecting rights 

and facilitating stable labor-management relationships while advancing an effective and 

efficient Government.

These sessions were requested by the organizations based on their perceived needs in the 

Federal labor- management relations area. FLRA staff tailored each session to meet the 

individualized needs of the particular group and received consistent positive feedback 

from the participants. The targeted training sessions focused on a range of issues, 

including unfair labor practices and representation matters.

The 2022 training landscape remained dramatically affected by the COVID-19 pandemic, 

particularly the ability to offer in-person training. To surmount this challenge, for 2022, 

FLRA provided virtual and video training sessions. In total, 18,791 people were trained in 

76 statutory training programs with 96 percent of participants rating the statutory

training as effective or highly effective. This 96 percent positive feedback far surpassed 

the FLRA performance goal of 80 percent of participant responses rating the statutory 

training as effective or highly effective.

YouTube Educational Tool

In 2022, FLRA published four new training videos to FLRA’s YouTube channel, which 

was initially created in 2020. The latest videos include a series on representation 

elections and a video on Labor-Management Forums. They complement FLRA’s existing 

library which, among other topics, includes videos on the following:

• Unfair Labor Practice Investigations

• Timeliness under Section 7118(a)(4)

• Investigatory Examinations (a seven-lesson course)

• Executive Order 14003 and 7106(b)

• eFiling at the FLRA

The FLRA’s video library of instructional training sessions received over 15,000 views in 

2022. Total views since the FLRA began publishing videos on YouTube in FY 2020: 

25,000+.

These and future videos are intended to educate Federal employees, unions, and 

managers on how the Statute defines ULPs and how to comply with the Statute’s 

requirement that collective bargaining promotes an efficient and effective Federal service.

Video training is another example of the FLRA’s effort to provide the Federal labormanagement community with innovative and comprehensive resources and training 

materials to assist in promoting cooperative labor-management relations that comply 

with the Statute’s mandates. 
23

New educational content is in regular production to address our customers’ evolving 

needs.

eFiling

FLRA’s eFiling efforts serve to improve the parties’ experience by allowing both filers and 

the Agency to more efficiently handle filings electronically. The eFiling process is the first 

step in the Agency’s goal of achieving a fully-electronic, end-to-end case file.

A key aspect of FLRA’s 2022-2026 Strategic Plan is to continue to increase the rate of 

eFiling, to support the FLRA’s transition to electronic case files. In 2022, the aggregate 

increase in eFiling for the Authority, the OGC, the FSIP, and the OALJ was almost 8%, 

up to 75% from 67%. The OGC increased its eFiling rate from 65% to 74% of all cases 

filed. This represents an almost 9% increase in the eFiling rate for the OGC in a single 

performance year.

Mission Accomplishment - Manage our resources effectively and 

efficiently in order to achieve organizational excellence.

Professional Development

FLRA continues to prioritize professional development. Despite budgetary limitations, 

additional funds were allocated to all employees in all offices in order for each employee to 

enhance their professional development and review the individual development plans. 

This led to open discussions with supervisors, managers and staff to determine the best 

way to enhance the knowledge. Thus, FLRA provides its employees with relevant, 

mission-related training. 

Diversity, Equity, Inclusion, and Accessibility

The Agency and Union of Authority Employees jointly chair FLRA’s Diversity, Equity,

Inclusion, and Accessibility Committee. The Committee is fully staffed with volunteers 

and operational with an approved charter. The Committee has the following 

responsibilities:

• Create opportunities for employees to provide feedback to FLRA leadership about 

organizational climate and culture (i.e. climate assessments, anonymous 

satisfaction surveys, focus group sessions, etc.)

• Provide feedback and insight to leadership staff on issues of culture, climate, 

equity, inclusion, and diversity in the workplace, including recommendations and 

support regarding short- and long-term strategies to meet the FLRA’s current and 

future workforce.

• Facilitate and/or collaborate with organizational components to sponsor at least 

four (4) Special Emphasis month programs a year. Special Emphasis programs at 

the FLRA may include, but are not limited to, observances of Black History Month 

(February), Women’s History Month (March), Asian American and Pacific Islander 

Heritage Month (May), LGBT Pride Month (June), Hispanic Heritage Month 

(September 15 - October 15), Disability Employment Awareness Month (October), 

and American Indian Heritage Month (November): 
24

o These observances include activities designed to provide cultural 

awareness, debunk stereotypes and recognize the contributions and 

achievements of diverse groups represented in our workforce.

o The primary objectives of an observance are to:

 Promote diversity awareness and cultural sensitivity;

 Demonstrate an interest in the history and culture of employees and 

their contributions to society and at the FLRA; 

 Reflect sensitivity to the growing diversity of the workforce; and

 Offer opportunities for employees to gain experience in leadership 

and program planning.

• Promote and provide opportunities for employees to attend Special Emphasis and 

D&I activities that may be sponsored by local Federal Executive Boards or other 

federal agencies and organizations.

• Formulate recommendations for the development or modification of policies and 

practices that negatively impact diversity, inclusivity, accessibility, and equity 

efforts.

FEVS

The most recent Office of Personnel Management (OPM) Federal Employee Viewpoint 

Survey (FEVS) provided employees an opportunity to share their opinions about what 

matters most to them and to influence the organizational culture. Survey results provide 

insights into where improvements have been made and are needed. FLRA’s overall 

response rate was 55.8%. For 2021, FLRA ranked #7 out of the 29 participating Federal 

small agencies in the Best Places to Work index.

The Chairman maintains his commitment to leading the development and support of a 

diverse and competent staff and ensuring an open, friendly and supportive workplace. 

This also includes placing a strong emphasis on employee engagement at all levels in the 

Agency.

IT Modernization

In 2022, FLRA continued to work towards its goal of transitioning to 100 percent 

electronic case files by December 31, 2022. This goal is in support of Presidential 

Memoranda: M-12-18 and M-19-21. Unfortunately, lack of consistent funding has 

brought development efforts for the remaining components to a standstill. FLRA and 

IRMD made substantial progress in the internal planning effort for the OGC Component 

Case Management System (CMS), but funds were not available to work with developers 

to put code into the system. Regular and significant funding is an absolute imperative for 

the successful completion of the CMS effort.

Implementation of fully electronic case files throughout the Agency would enable FLRA to 

increase its overall efficiency and effectiveness. Successful achievement of this goal will 

enable implementation of additional external and internal case processing improvements 

that will further maximize the use of technology and eliminate many of the laborintensive, manual case processes that are currently in place, including:
25

• Reducing the time and expense that FLRA staff spends copying, scanning, mailing, 

and manually entering data;

• Eliminating outdated facsimile service;

• Reducing U.S. Postal Service costs by implementing electronic service of caserelated documents by FLRA on the parties;

• Reducing or eliminating delivery service costs for transferring paper case files 

between FLRA components;

• Implementing a pilot program that would mandate FLRA parties to file all caserelated documents electronically; and

• Eventually mandating eFiling for most FLRA case filings.

The greatest benefit will be the ability to redirect staff hours currently used to perform 

manual administrative tasks to perform other mission-critical functions.

In 2022, Office of the Executive Director (OEXD), Authority, and OGC staff continued 

planning to review and revise the relevant FLRA regulations in connection with these 

National Archives and Records Administration-directed efforts. Great strides were made 

and, beginning in FY23, the OGC has adopted an entirely “electronic” format for the case 

files for their component. This will eventually streamline the records management 

process for OGC, when it moves to the live Case Management System (CMS), when funds 

come available to complete the process.

To ensure reliable and consistent availability of information resources for FLRA 

employees to accomplish their mission, FLRA must keep in step with our established 

hardware-refresh policy. Funding was approved in FY22 by OMB, but was cut by 

Congress from our enacted budget. The bulk of FLRA laptops have reached their 

prescribed five-year usability, some well past five years, and are rapidly becoming 

unusable. Through various cost-cutting measures taken by IRMD, FLRA was able to reallocate enough funds to purchase replacement laptop hardware for all current FLRA 

staff, which should be available to staff by early 2023.

In 2022, FLRA continued work to ensure a sufficient cybersecurity posture. The 

President’s Executive Order on Cybersecurity imposed a plethora of new requirements 

that require persistent expenses for FLRA. The Agency made great strides in FY22, fully 

implementing both Continuous Monitoring and Diagnostics (CDM) and Endpoint 

Detection and Response (EDR). An additional FTE (Cybersecurity) had again been 

approved by OMB, but cuts forced FLRA to delay hiring new staff to operate and 

maintain these critical tools and applications. Regardless, FLRA’s 2022 Annual FISMA 

audit resulted in the closure of all existing findings, as well as no new findings – an 

absolute success.

Finally, in 2021, FLRA Information Management Resources Division planned for a 

migration of the website – FLRA.gov – from an application server that has reached its 

end-of-life. Funding was requested and approved by OMB, but Congress cut the item from 

our FY22 budget. This project has reached a critical state and FLRA must receive 

sufficient funding to accomplish it.
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FY 2022 Performance Outcomes by Measure

The following table summarizes the strategic plan performance outcomes by measure in 

FY 2022.

Strategic Goal 1: We will resolve disputes under the Federal Service LaborManagement Relations Statute in a timely, high-quality, and impartial manner.

Strategic Objective 1.1: Achieve or exceed case-resolution timeliness measures, as 

established by each component.

Performance Goal 1.1.1: Timely investigate, prosecute, and adjudicate each case type 

(ULP, REP, ARB, NEG, IMPASSE).

Performance Goal 1.1.2: Resolve overage cases in a timely fashion

Measure FY 22 

Target

FY 22 

Actual Result

1.1.1a: The average age of arbitration 

exceptions decided by the Authority. 375 days 405 days Not Met

1.1.1b (New): The average age of 

arbitration cases pending before the 

Authority.

N/A N/A N/A

1.1.1c: The percentage of arbitration 

cases decided by the Authority within 

210 days of the filing of exceptions.

75% 23% Not Met

1.1.1d (New): The percentage of 

arbitration cases decided by the 

Authority within 210 days of 

assignment to a Member office.

N/A N/A N/A

1.1.1e: The average age of negotiability 

cases decided by the Authority. 223 days 247 Not Met

1.1.1f (New): The average age of 

negotiability cases pending before the 

Authority.

N/A N/A N/A

1.1.1g: The average age of ULP 

exceptions decided by the Authority. 526 days 111 days Met

1.1.1h (New): The average age of ULP 

cases pending before the Authority. N/A N/A N/A

1.1.1i: The percentage of ULP cases 

decided by the Authority within 300 

days of issuance of an OALJ decision.

75% 100% Met

1.1.1j (New): The percentage of ULP 

cases decided by the Authority within 

300 days of assignment to a Member 

office.

N/A N/A N/A

1.1.1k: The average age of representation 

cases decided by the Authority. 214 days 119 Met
27

1.1.1l (New): The average age of 

representation cases pending before 

the Authority.

N/A N/A N/A

1.1.1m: The percentage of representation 

cases in which the Authority issued a 

decision whether to grant review 

within 60 days of the filing of an 

application for review.

100% 100% Met

1.1.1n: The percentage of representation 

cases decided by the Authority within 

210 days of the filing of an application 

for review.

75% 83% Met

1.1.1o (New): The percentage of 

representation cases decided by the 

Authority within 210 days of 

assignment to a Member office.

N/A N/A N/A

1.1.1p: The median age of ULP 

complaints decided by the OALJ. 124 days 71 days Met

1.1.1q: The percentage of ULP 

complaints issued by the General 

Counsel resolved or decided in the 

OALJ within 180 days of the complaint 

being issued.

80% 100% Met

1.1.1r: The percentage of ULP charges 

resolved by the Office of the General 

Counsel by complaint, withdrawal, 

dismissal, or settlement within 120 

days of filing of the charge.

70% 85% Met

1.1.1s: The percentage of decisions on an 

appeal of a Regional Director’s 

dismissal of a ULP charge issued by 

the General Counsel within 60 days of 

the date filed, and in no case more 

than 120 days.

95% 100% Met

1.1.1t: 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.

70% 74% Met

1.1.1u: The average age of bargainingimpasse cases in which the FSIP 

declines jurisdiction.

75 days 54 days Met

1.1.1v: The average age of bargainingimpasse cases that are voluntarily 

settled.

120 days 84 days Met
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1.1.1w: The average age of bargainingimpasse cases that the FSIP resolves 

through final action.

150 days 105 days Met

1.1.1x (New): CIP will assign the case to 

a Member office within 5 days of the 

due date for a final filing (regardless of 

whether such a filing has been 

received).

N/A N/A N/A

1.1.1y (New): CIP will assign the case to 

a Member office within 21 days of due 

date of final filing.

N/A N/A N/A

1.1.2a: The percentage of arbitration 

exceptions decided by the Authority 

within 365 days of the filing of 

exceptions.

90% 56% Not Met

1.1.2b (New): The percentage of 

arbitration exceptions decided by the 

Authority within 365 days of 

assignment to a Member office.

N/A N/A N/A

1.1.2c: The percentage of negotiability 

cases decided by the Authority within 

365 days of the filing of a petition for 

review.

75% 75% Met

1.1.2d: The percentage of ULP cases 

decided by the Authority within 365 

days of issuance of an OALJ decision.

90% 100% Met

1.1.2e (New): The percentage of ULP 

cases decided by the Authority within 

365 days of assignment to a Member 

office.

N/A N/A N/A

1.1.2f: The percentage of representation 

cases decided by the Authority within 

365 days of the filing of an application 

for review.

100% 83% Not Met

1.1.2g (New): The percentage of 

representation cases decided by the 

Authority within 365 days of 

assignment to a Member office.

N/A N/A N/A

1.1.2h: The percentage of ULP 

complaints issued by the General 

Counsel decided in the OALJ within 

365 days of the complaint being issued.

95% 100% Met

1.1.2i: The percentage of ULP charges 

resolved by the OGC by complaint, 

withdrawal, dismissal, or settlement 

within 240 days of filing of the charge.

95% 99% Met
29

1.1.2j: The percentage of representation 

cases resolved by the OGC through 

withdrawal, election, or issuance of a 

Decision and Order within 365 days of 

the filing of a petition.

95% 97% Met

1.1.2k: The percentage of bargainingimpasse cases in which the FSIP 

declines jurisdiction within 140 days of 

the date filed.

90% 100% Met

1.1.2l: The percentage of bargainingimpasse cases that are voluntarily 

settled within 160 days of the date 

filed.

80% 100% Met

1.1.2m: The percentage of bargainingimpasse cases that the FSIP resolves 

through final action that are closed 

within 200 days of the date filed.

80% 100% Met

Strategic Goal 2: We will promote stability in the federal labor-management 

community by providing leadership and guidance through Alternative Dispute 

Resolution and education.

Strategic Objective 2.1: Offer high-quality outreach and prevention services, as well 

as reference resources, to promote more effective labor-management relations across 

the federal government.

Performance Goal 2.1.1: Provide targeted training, outreach and prevention, and 

facilitation activities within the labor-management community.

Performance Goal 2.1.2: Provide effective, useful, up-to-date case-processing and caselaw resources and trainings for the labor-management community.

Measure FY 22 

Target

FY 22 

Actual Result

2.1.1a: The number of training, labormanagement improvement, outreach, 

and facilitation activities delivered.

40 76 Met

2.1.1b: The number of recipients of 

training, labor-management 

improvement, outreach, and 

facilitation activities.

2,500 18,791 Met

2.1.1c: The percentage of participant 

responders who highly rate the 

training that they received.

80% 96% Met

2.1.1d: The number of times that ondemand online training is used. 1,000 15,000+ Met
30

Strategic Objective 2.2: Maximize the use of Alternative Dispute Resolution practices 

in case resolution.

Performance Goal 2.2.1: Successful resolution of a significant portion of FLRA cases 

through ADR.

Performance Goal 2.2.2: Expanded use of ADR in ARB cases.

Performance Goal 2.2.3: Examination of potential expanded use of ADR in REP cases.

Measure FY 22 

Target

FY 22 

Actual Result

2.2.1a: Percentage of unfair labor 

practice cases where OGC offer of ADR 

is accepted and case is partially or fully 

resolved.

95% 99% Met

2.2.1b: Percentage of representation 

cases where OGC offer of ADR is 

accepted and case is partially or fully 

resolved.

95% 99% Met

2.2.1c: The percentage of appropriate 

ULP cases in which ADR services are 

offered to the parties or ordered by the 

OALJ Chief Judge.

90% 100% Met

2.2.1d: The percentage of ULP cases that 

are partially or totally resolved after 

ADR services are accepted by the 

parties or ordered by the OALJ Chief 

Judge.

80% 88% Met

2.2.2a: The percentage of appropriate 

arbitration cases pending before the 

Authority in which ADR services are 

offered to the parties.

TBD TBD TBD

2.2.2b: The percentage of arbitration 

cases that are partially or totally 

resolved after the parties accept an 

offer of ADR services.

TBD TBD TBD

2.2.3a: The percentage of appropriate 

negotiability cases pending before the 

Authority in which ADR services are

offered to the parties.

90% 100% Met

2.2.3b: The percentage of proposals or 

provisions in negotiability cases that 

are partially or totally resolved after 

the parties accept an offer of ADR 

services.

90% 100% Met

2.2.3c: The percentage of negotiability 

cases that are partially or totally 

resolved after the parties accept an 

offer of ADR services.

90% 100% Met
31

2.2.3d: The percentage of cases – other 

than ULP, arbitration, and 

negotiability – that are partially or 

totally resolved after parties accept an 

offer of ADR services.

75% 100% Met

Strategic Goal 3: We will manage our resources effectively and efficiently in order to 

achieve organizational excellence.

Strategic Objective 3.1: Recruit, retain, and develop a highly talented, motivated, and 

diverse workforce to accomplish the FLRA’s mission.

Performance Goal 3.1.1: Demonstrate strong recruitment and retention practices.

Measure Result

3.1.1a: Demonstrable, strong recruitment and retention practices. See P&G 

Section

Performance Goal 3.1.2: Maintain and grow agency expertise through employee 

development.

Measure Result

3.1.2a: Maintain and grow agency expertise through employee 

development.

See P&G 

Section

Strategic Objective 3.2: Improve usage of existing technology and deploy new IT 

systems to streamline and enhance organizational operations.

Performance Goal 3.2.1: Improve eFiling capability and maximize its use in receiving 

case filings.

Measure Result

3.2.1a: Expand the use of electronic filing for all components. See P&G 

Section 3.2.1b: Move FLRA towards 100% electronic case files, electronic 

permanent records, and electronic case management.

Performance Goal 3.2.2: Enhance employee technology usage and skills at every level.

Measure Result

3.2.2a: Achieve an exceptional level of information security by increasing 

the percentage of systems using a zero-trust model and multifactor 

authentication and by promptly complying with cybersecurity orders 

and directives.

See P&G 

Section

3.2.2b: Assess how internal and external customers perceive the 

effectiveness of the Agency’s IT modernization efforts.

Performance Goal 3.3.1: Achieve high internal customer service scores on delivery of 

administrative services.

Measure Result

3.3.1a (New): Improvement in overall employee job satisfaction, as 

demonstrated through the score for question 42 of the Federal 

Employee Viewpoint Survey (FEVS).

See P&G 

Section
32

FINANCIAL ANALYSIS

The FLRA’s principal financial statements have been prepared to report the financial 

position and results of operations of the Agency, pursuant to the requirements of 31 

U.S.C. § 3515(b). While the statements have been prepared from the books and records of 

the FLRA in accordance with U.S. Generally Accepted Accounting Principles for Federal

entities and the formats prescribed by the OMB, the statements are in addition to the 

financial reports used to monitor and control budgetary resources, which are prepared 

from the same books and records. The statements should be read with the realization 

that they are for a component of the U.S. Government, a sovereign entity.

Balance Sheet

The Balance Sheet presents the FLRA’s financial position through the identification of 

Agency assets, liabilities, and net position. The FLRA’s fund balance with the 

Department of the Treasury (the Treasury) is approximately 95% of the total assets in 

both FY 2021 and FY 2022. The FLRA does not maintain any cash in commercial bank 

accounts or foreign currency balances, nor does it have any revolving or trust funds. The 

Agency’s second largest asset is its furniture, equipment, and IT hardware and software, 

which is recorded at original acquisition cost, and then depreciated using the straight-line 

method over the estimated useful life of the asset.

Total assets decreased to $5.5 million at the end of FY 2022 from $5.7 million at the end 

of FY 2021. The Agency did not make any new fixed-asset purchases in FY 2022, while

the net book value of property and equipment already owned experienced further 

depreciation.

Assets as of September 30, 2022 2021

Fund balance with the Treasury $ 5,264,634 $ 5,317,802

General property and 

equipment 192,666 281,532

Accounts receivable 50,392 48,662

Prepaid expenses 39,926 39,423

Total $5,547,618 $5,687,379

Totals may not add due to rounding.

Funds held with the Treasury are available to pay Agency liabilities, which represent the 

amount of monies or other resources likely to be paid by the FLRA as a result of 

transactions or events that have already occurred. Accrued employee leave, payroll, and 

benefits costs, along with accrued workers’ compensation under the Federal Employees 

Compensation Act (FECA), accounted for nearly 92 percent of total liabilities at the end of 

FY 2022. The remaining 8 percent reflects the amount owed by the FLRA to vendors and 

other Federal agencies for purchased goods and services. Agency liabilities totaled $4.8

million in FY 2021 and FY 2022, respectively.
33

Liabilities as of September 30, 2022 2021

Federal Employee [and 

Veteran] Benefits Payable $ 2,965,103 $3,042,839

Accounts payable 389,555 504,665

Other Liabilities 1,477,388 1,296,466

Total 4,832,046 4,843,970

The FLRA’s total net position at the end of FY 2022 was $716 thousand a $128 thousand 

decrease from the previous year.

Statement of Net Cost

The Statement of Net Cost presents the gross cost of operating the FLRA’s three major 

programs, less any reimbursable revenue earned from those activities. The net cost of 

operations in FY 2022 was $28.0 million, which is $794 thousand less than FY 2021. In 

FY 2022, 62 percent of the Agency’s direct resources were dedicated to the Authority, 

which includes central administrative services provided to the entire Agency; 35 percent 

were dedicated to the OGC; and the remaining 3 percent were devoted to the FSIP.

Statement of Changes in Net Position

The Statement of Changes in Net Position reflects the changes that occurred within the 

cumulative results of operations and any unexpended appropriations. The cumulative 

results of operations represent the net results of operations since inception, the 

cumulative amount of prior period adjustments, the remaining book value of capitalized 

FY 2022 Financial Obligations by Budget Object Class

Compensation & benefits (82%)

Other contractual services (1%)

Rent & utilities (17%)

Supplies & equipment (1%)
34

assets, and future funding requirements. Cumulative results from FY 2021 to FY 2022 

reflect a $15 thousand decrease totaling $2.9 million.

Unexpended appropriations include undelivered orders and unobligated balances. 

Undelivered orders reflect the amount of goods and services ordered that have yet to be 

received. Unobligated balances are the amount of appropriations or other authority 

remaining after deducting the cumulative obligations from the amount available for 

obligation. The FLRA had a decrease of $0.1 million in total, unexpended Agency

appropriations in FY 2022.

Statement on Budgetary Resources

The Statement on Budgetary Resources reports the budgetary resources available to the 

FLRA during FY 2021 and FY 2022 to carry out the activities of the Agency, as well as 

the status of those resources at the end of each year. The primary source of FLRA 

funding is its annual Salaries and Expenses appropriation from the Congress. The 

Agency also receives reimbursements, pursuant to the Economy Act, for travel expenses 

associated with training provided by Agency employees on the Statute and FLRA mission.

The FLRA had $28.2 million in total budgetary resources available to it in FY 2022. The 

Agency incurred obligations of $27.9 million in FY 2022, with recording outlays of $27.1 

million. Total budgetary resources increased by $0.23 million in FY 2022, due primarily 

to increased new obligations.

MANAGEMENT ASSURANCES

Annual FFMIA Statement of Assurance 

Pursuant to the Federal Financial Management Improvement Act (FFMIA), FLRA 

management has assessed that the agency’s financial management systems, including 

both financial and financially related (or mixed) systems, comply substantially with (1) 

Federal financial management systems requirements, (2) applicable Federal accounting 

standards promulgated by FASAB, and (3) the U.S. Standard General Ledger (USSGL) at 

the transaction level. 

Annual FMFIA Statement of Assurance 

Pursuant to the Federal Managers’ Financial Integrity Act (FMFIA), FLRA management 

is responsible for managing risks and maintaining effective internal control to meet the 

objectives of Sections 2 and 4 of the Federal Managers’ Financial Integrity Act. The 

FLRA conducted its assessment of risk and internal control in accordance with OMB 

Circular No. A-123, Management’s Responsibility for Enterprise Risk Management and 

Internal Control. 

Based on the results of this assessment, the FLRA can provide reasonable assurance that 

its internal controls over the effectiveness and efficiency of operations, reporting, and 

compliance were operating effectively as of September 30, 2022. 
35

Further, based on our assessment, we determined that the FLRA financial-management 

system conforms to applicable financial-systems requirements.

Ernest DuBester

Chairman and Chief Executive Officer

Federal Labor Relations Authority
36

FY 2022 PERFORMANCE GOALS AND RESULTS

The FLRA organizes its Strategic Plan by three Strategic Goals which are detailed above 

in the Strategic and Performance-Planning Framework section. Each Strategic Goal has 

a number of Strategic Objectives. Each Strategic Objective has a number of Performance 

Goals with unique and trackable measures, which are used to determine the Agency’s 

progress. This section outlines the Agency’s performance goals and results across a 5-

year period.

Strategic goal #1: We will resolve disputes under the Federal Service 

Labor-Management Relations Statute in a timely, high-quality, and 

impartial manner

PERFORMANCE GOAL 1.1.1: TIMELY INVESTIGATE, PROSECUTE, AND 

ADJUDICATE EACH CASE TYPE (ULP, REP, ARB, NEG, IMPASSE).

PERFORMANCE GOAL 1.1.2: RESOLVE OVERAGE CASES IN A TIMELY 

FASHION

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 when an individual, a labor organization, or an agency 

files a petition with a Regional Office. After a petition is filed, the Regional Director 

conducts an investigation, which may include holding a hearing, to determine the 

appropriateness of a unit or other matter related to the petition. After concluding such 

investigation, the Regional Director may conduct a secret-ballot election or issue a 

Decision and Order, which is final unless an application for review (appeal) is filed with 

the Authority.

Unfair Labor Practice cases

The General Counsel has independent responsibility for the investigation, settlement, 

and prosecution, of ULP charges. ULP cases originate with the filing of an unfair labor 

practice charge in a Regional Office by an employee, a labor organization, or an agency. 

Once a charge has been filed, the Regional Office will investigate the charge to determine 

whether it has merit. If the Regional Director determines that the charge has merit, then 

the Regional Director 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 that decision to 

the General Counsel in Washington, D.C. If the General Counsel upholds the dismissal, 
37

then the case is closed. The Authority has appointed ALJs to hear ULP cases prosecuted 

by the General Counsel. The OALJ transmits recommended decisions of the ALJs to the 

Authority, which may affirm, modify, or reverse the ALJs in whole or in part on 

exceptions (appeal). Authority decisions set legal precedent on the meaning, operation, 

and enforcement of the Statute. If no exceptions are filed to an ALJ’s decision, then the 

Authority adopts the decision without precedential significance.

Arbitration cases

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

appeal of) an arbitrator’s award. The Authority will review an arbitrator’s award to which 

an exception has been filed to determine whether 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, labor management relations.

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 addition, 

agency heads may disapprove collective-bargaining agreements if those agreements are 

contrary to law. In both of these situations, a union may petition the Authority to resolve 

the negotiability dispute.

Bargaining-Impasse cases

In carrying out the right to bargain collectively, on occasion union representatives and 

federal agencies fail to reach agreement on issues; the bargaining reaches 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 third-party mediation such as the FMCS; or 

seek the assistance of the FSIP in resolving the negotiation impasse, but only after the 

assistance of third-party mediation has failed.

Authority

Arbitration Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 122 146 121 76 66

Exceptions filed (Intake) 131 118 81 108 108

Total caseload 253 264 202 184 174

Cases closed procedurally 17 23 22 23 23

Cases closed based on merits 90 120 104 95 95

Total cases closed (Output) 107 143 126 118 118

Cases pending, end of year 146 121 76 66 56
38

Measure 1.1.1a (Previously 1.1.1): The average age of arbitration exceptions 

decided by the Authority. 

Results Targets

2020 317 days

Not Met 2020 248 days

2021 395 days

Not Met 2021 248 days

2022 405 days

Not Met 2022 375 days

2023 385 days

2024 366 days
39

Measure 1.1.1b (New): The average age of arbitration cases pending before the 

Authority. 

Results Targets

2022 N/A 2022 N/A

2023 267 days

2024 253 days

Measure 1.1.1c (Previously 1.1.2): The percentage of arbitration cases 

decided by the Authority within 210 days of the filing of exceptions.

Results Targets

2020 32% – (34/107 cases)

Not Met 2020 75%

2021 29% - (42/143 cases)

Not Met 2021 75%

2022 23% - (32/126 cases)

Not Met 2022 75%

2023 N/A

2024 N/A

Measure 1.1.1d (New): The percentage of arbitration cases decided by the 

Authority within 210 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 50%

2024 50%

Authority

Negotiability Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 17 65 34 20 9

Petitions filed (Intake) 80 48 53 61 61

Total caseload 97 113 87 81 70

Cases closed procedurally 19 43 57 64 62

Cases closed based on merits 13 36 10 8 6

Total cases closed (Output) 32 79 67 72 68

Cases pending, end of year 65 34 20 9 2
40

Measure 1.1.1e (Previously 1.1.3): The average age of negotiability cases 

decided by the Authority.

Results Targets

2020 176 days

Not Met 2020 161 days

2021 235 days

Not Met 2021 161 days

2022 247 days

Not Met 2022 223 days

2023 235 days

2024 223 days
41

Measure 1.1.1f (New): The average age of negotiability cases pending before 

the Authority. 

Results Targets

2022 N/A 2022 N/A

2023 249 days

2024 236 days

Authority

ULP Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 6 3 2 2 2

Cases filed (Intake) 1 4 11 38 38

Total caseload 7 7 13 40 40

Cases closed procedurally 1 1 9 32 32

Cases closed based on merits 3 4 2 6 6

Total cases closed (Output) 4 5 11 38 38

Cases pending, end of year 3 2 2 2 2
42

Measure 1.1.1g (Previously 1.1.5): The average age of ULP exceptions 

decided by the Authority.

Results Targets

2020 422 days

Not Met 2020 226 days

2021 554 days

Not Met 2021 226 days

2022 111 days

Met 2022 526 days

2023 105 days

2024 99 days

Measure 1.1.1h (New): The average age of ULP cases pending before the 

Authority. 

Results Targets

2022 N/A 2022 N/A

2023 150 days

2024 142 days
43

Measure 1.1.1i (Previously 1.1.6): The percentage of ULP cases decided by 

the Authority within 300 days of issuance of an OALJ decision.

Results Targets

2020 25% – (1/4 cases)

Not Met 2020 75%

2021 40% – (2/5 cases)

Not Met 2021 75%

2022 100% – (11/11 cases)

Met 2022 75%

2023 N/A

2024 N/A

Measure 1.1.1j (New): The percentage of ULP cases decided by the Authority 

within 300 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 75%

2024 75%

Authority

Representation Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 2 4 3 2 2

Applications for review (Intake) 17 3 5 11 11

Total caseload 19 7 8 13 13

Cases closed procedurally 1 0 1 1 1

Cases closed based on merits 15 4 5 10 10

Total cases closed (Output) 16 4 6 11 11

Cases pending, end of year 3 3 2 2 2
44

Measure 1.1.1k (Previously 1.1.7): The average age of representation cases 

decided by the Authority.

Results Targets

2020 210 days

Not Met 2020 184 days

2021 225 days

Not Met 2021 184 days

2022 119 days

Met 2022 214 days

2023 113 days

2024 107 days

Measure 1.1.1l (New): The average age of representation cases pending before 

the Authority. 

Results Targets

2022 N/A 2022 N/A

2023 86 days

2024 81 days
45

Measure 1.1.1m (Previously 1.1.8): The percentage of representation cases 

in which the Authority issued a decision whether to grant review within 60 

days of the filing of an application for review.

Results Targets

2020 100% – (16/16 cases)

Met 2020 100%

2021 100% – (4/4 cases)

Met 2021 100%

2022 100% – (6/6 cases)

Met 2022 100%

2023 100%

2024 100%

Measure 1.1.1n (Previously 1.1.9): The percentage of representation cases 

decided by the Authority within 210 days of the filing of an application for 

review.

Results Targets

2020 88% – (14/16 cases)

Met 2020 75%

2021 75% – (3/4 cases)

Met 2021 75%

2022 83% – (5/6 cases)

Met 2022 75%

2023 N/A

2024 N/A

Measure 1.1.1o (New): The percentage of representation cases decided by the 

Authority within 210 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 75%

2024 75%

OALJ

ULP Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 1 0 103 42 30

Complaints received (Intake) 0 130 136 174 175

Total caseload 1 130 239 216 205

Settlements before hearing 0 0 170 143 143

Cases closed by decision 1 27 27 43 43

Total cases closed (Output) 1 27 197 186 186

Cases pending, end of year 0 103 42 30 19
46

Measure 1.1.1p (Previously 1.1.10): The median age of ULP complaints 

decided by the OALJ. *

Results Targets

2020 N/A 2020 *

2021 69 days

Met 2021 124 days

2022 71 days

Met 2022 124 days

*OALJ performance standards remain to resolve 80 

percent of ULP complaints within 180 days of filing 

and 95 percent within 365 days.

2023 124 days

2024 124 days
47

Measure 1.1.1q (Previously 1.1.11): 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

2020 N/A 2020 *

2021 100% – (2/2 cases)

Met 2021 80%

2022 100% – (27/27 cases)

Met 2022 80%

*OALJ performance standards remain to resolve 80 

percent of ULP complaints within 180 days of filing 

and 95 percent within 365 days.

2023 80%

2024 80%

OGC

ULP Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 783 903 1031 1295 1358

Charges filed (Intake) 1928 2471 2917 3199 3519

Total caseload 2711 3374 3948 4494 4877

Charges withdrawn/settled 1435 1850 2103 2399 2399

Charges dismissed 373 363 416 563 563

Complaints issued* 0 130 134 174 175

Total cases closed (Output) 1808 2343 26531 31362 31373

Cases pending, end of year 903 1031 1295 1358 1740

*The OGC was unable to issue complaints in the absence of a General Counsel from November 17, 2017, until an Acting 

General Counsel was designated on March 24, 2021. 1 Based on OGC FTE 27 in FY22.

2 Based on OMB-supported OGC FTE 32. 3 Based on OMB-supported OGC FTE 32.
48

Measure 1.1.1r (Previously 1.1.12): The percentage of ULP charges resolved 

by the Office of the General Counsel by complaint, withdrawal, dismissal, or 

settlement within 120 days of filing of the charge.

Results Targets

2020 94% – (1692/1808 cases)

Met 2020 70%

2021 94% – (2208/2343 cases)

Met 2021 70%

2022 85% – (2245/2653 cases)

Met 2022 70%

2023 70%

2024 70%

OGC

ULP Appeals 2020 2021 2022 2023Est.

2024

Est.

Appeals pending, start of year 303 407 396 366 307

Appeals filed (Intake) 107 70 118 99 99

Total caseload 410 477 514 465 406

Appeals closed (Output)* 3 81 148 158 168

Appeals pending, end of year 407 396 366 307 238

*The OGC was unable to issue decisions on appeals in the absence of a General Counsel, except where a 

jurisdictional issue is presented, from November 17, 2017, until an Acting General Counsel was designated on 

March 24, 2021.
49

Measure 1.1.1s (Previously 1.1.13): The percentage of decisions on an appeal 

of a Regional Director’s dismissal of a ULP charge issued by the General Counsel 

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

Results Targets

2020 100% (3/3 cases) 2020 95%

2021 100% (81/81) 2021 95%

2022 100% (148/148) 2022 95%

2023 95%

2024 95%
50

OGC

Representation Cases 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 49 38 48 82 103

Petitions filed (Intake) 164 135 201 215 237

Total caseload 213 173 249 297 340

Petitions withdrawn 81 42 80 80 80

Cases closed based on merits 94 83 87 114 114

Total cases closed (Output) 175 125 1671 1942 1943

Cases pending, end of year 38 48 82 103 146

1 Based on OGC FTE 27 average in FY22. 2 Based on OMB-supported OGC FTE 32. 3 Based on OMB-supported OGC FTE 32.
51

Measure 1.1.1t (Previously 1.1.14): 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

2020 80% (140/175 cases)

Met 2020 70%

2021 77% (96/125 cases)

Met 2021 70%

2022 74% (122/167 cases)

Met 2022 70%

2023 70%

2024 70%

FSIP

Impasses 2020 2021 2022 2023Est.

2024

Est.

Cases pending, start of year 28 22 45 19 9

Impasses filed (Intake) 90 68 87 90 90

Total caseload 118 90 132 109 99

Panel Decision 40 21 15 * *

Panel declined jurisdiction 23 4 28 * *

Settled with Panel assistance 5 2 36 * *

Voluntarily withdrawn 28 18 34 * *

Cases closed total (Output) 96 45 113 100* 90*

Cases pending, end of year 22 45 19 9* 9*

*The FSIP anticipates closing as many or more cases as are filed in any given year. The means by which cases 

are closed is driven by the parties and directive of the Panel. 
52

Measure 1.1.1u (Previously 1.1.15): The average age of bargaining-impasse

cases in which the FSIP declines jurisdiction.

Results Targets

2020 70 days (23 cases)

Met 2020 90 days

2021 64 days (4 cases)

Met 2021 81 days

2022 54 days (29 cases)

Met 2022 75 days

2023 61 days

2024 61 days
53

Measure 1.1.1v (New *) (Previously 1.1.16): The average age of bargainingimpasse cases that are voluntarily settled.

Results Targets

2021 73 days

Met 2021 120 days

2022 84 days

Met 2022 120 days

*This new measure now reports more in parallel 

with other FSIP measures by providing an 

average for cases that are voluntarily settled.

2023 90 days

2024 90 days

Measure 1.1.1w (Previously 1.1.17): The average age of bargaining-impasse 

cases that the FSIP resolves through final action.

Results Targets

2020 162 days (40 cases)

Not met 2020 146 days

2021 137 days (21 cases)

Met 2021 154 days

2022 105 days (15 cases)

Met 2022 150 days

2023 144 days

2024 144 days

Measure 1.1.1x (New): CIP will assign the case to a Member office within 5 

days of the due date for a final filing (regardless of whether such a filing has 

been received).

Results Targets

2022 N/A 2022 N/A

2023 75%

2024 75%

Measure 1.1.1y (New): CIP will assign the case to a Member office within 21 

days of due date of final filing.

Results Targets

2022 N/A 2022 N/A

2023 100%

2024 100%
54

Measure 1.1.2a (Previously 1.2.1): The percentage of arbitration exceptions 

decided by the Authority within 365 days of the filing of exceptions.

Results Targets

2020 61% – (65/107 cases)

Not Met 2020 90%

2021 49% – (70/143 cases)

Not Met 2021 90%

2022 56% – (70/126 cases)

Not Met 2022 90%

2023 N/A

2024 N/A

Measure 1.1.2b (New): The percentage of arbitration exceptions decided by the 

Authority within 365 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 75%

2024 75%

Measure 1.1.2c (Previously 1.2.2): The percentage of negotiability cases 

decided by the Authority within 365 days of the filing of a petition for review.

Results Targets

2020 84% – (27/32 cases)

Met 2020 75%

2021 86% – (68/79 cases)

Met 2021 75%

2022 75% – (50/67 cases)

Met 2022 75%

2023 75%

2024 75%

Measure 1.1.2d (Previously 1.2.3): The percentage of ULP cases decided by 

the Authority within 365 days of issuance of an OALJ decision.

Results Targets

2020 25% – (1/4 cases)

Not Met 2020 90%

2021 40% – 2/5 cases)

Not Met 2021 90%

2022 100% – 11/11 cases)

Met 2022 90%

2023 N/A

2024 N/A
55

Measure 1.1.2e (New): The percentage of ULP cases decided by the Authority 

within 365 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 90%

2024 90%

Measure 1.1.2f (Previously 1.2.4): The percentage of representation cases 

decided by the Authority within 365 days of the filing of an application for 

review.

Results Targets

2020 88% – (14/16 cases)

Not Met 2020 100%

2021 75% – (3/4 cases)

Not Met 2021 100%

2022 83% – (5/6 cases)

Not Met 2022 100%

2023 N/A

2024 N/A

Measure 1.1.2g (New): The percentage of representation cases decided by the 

Authority within 365 days of assignment to a Member office. 

Results Targets

2022 N/A 2022 N/A

2023 90%

2024 90%

Measure 1.1.2h (Previously 1.2.10): The percentage of ULP complaints 

issued by the General Counsel decided in the OALJ within 365 days of the 

complaint being issued. *

Results Targets

2020 N/A 2020 *

2021 100% – (2/2 cases)

Met 2021 95%

2022 100% – (27/27 cases)

Met 2022 95%

*OALJ performance standards remain to resolve 80 

percent of ULP complaints within 180 days of filing 

and 95 percent within 365 days.

2023 95%

2024 95%
56

Measure 1.1.2i (Previously 1.2.11): The percentage of ULP charges resolved 

by the OGC by complaint, withdrawal, dismissal, or settlement within 240 days 

of filing of the charge.

Results Targets

2020 99.9% (1806/1808 cases)

Met 2020 95%

2021 99.8% (2338/2343 cases)

Met 2021 95%

2022 98.6% (2616/2653 cases)

Met 2022 95%

2023 95%

2024 95%

Measure 1.1.2j (Previously 1.2.12): The percentage of representation cases 

resolved by the OGC through withdrawal, election, or issuance of a Decision 

and Order within 365 days of the filing of a petition.

Results Targets

2020 100% (175/175 cases)

Met 2020 95%

2021 100% (125/125 cases)

Met 2021 95%

2022 97% (161/167 cases)

Met 2022 95%

2023 95%

2024 95%

Measure 1.1.2k (Previously 1.2.13): The percentage of bargaining-impasse 

cases in which the FSIP declines jurisdiction within 140 days of the date filed.

Results Targets

2020 100% - (23/23 cases)

Met 2020 90%

2021 100% - (4/4 cases)

Met 2021 90%

2022 100% - (29/29 cases)

Met 2022 90%

2023 90%

2024 90%
57

Measure 1.1.2l (Previously 1.2.14): The percentage of bargaining-impasse 

cases that are voluntarily settled within 160 days of the date filed.

Results Targets

2020 85% – (11/13 cases)

Met 2020 80%

2021 100% – (2/2 cases)

Met 2021 80%

2022 100% – (38/38 cases)

Met 2022 80%

2023 80%

2024 80%

Measure 1.1.2m (Previously 1.2.15): The percentage of bargaining-impasse 

cases that the FSIP resolves through final action that are closed within 200 days 

of the date filed.

Results Targets

2020 88% – (35/40 cases)

Met 2020 80%

2021 95% – (20/21 cases)

Met 2021 80%

2022 100% – (15/15 cases)

Met 2022 80%

2023 80%

2024 80%

Strategic Goal 2: We will promote stability in the federal labormanagement community by providing leadership and guidance through 

Alternative Dispute Resolution and education.

Key to the FLRA’s ADR objectives is to offer high-quality outreach and prevention

services as well as resources to promote more effective labor-management relations across 

the federal government. 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 

relationships. 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 repair damaged workplace relationships and develop constructive 

relationships capable of solving difficult problems and making important decisions. Many 

of the OGC’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 preventing and resolving labor-management disputes. The FLRA’s 

goals include delivering outreach, training, and facilitation services that significantly 

contribute to the FLRA’s mission, and ensuring that training participants evaluate FLRA 

training as highly effective.
58

PERFORMANCE GOAL 2.1.1: PROVIDE TARGETED TRAINING, 

OUTREACH AND PREVENTION, AND FACILITATION ACTIVITIES 

WITHIN THE LABOR-MANAGEMENT COMMUNITY.

PERFORMANCE GOAL 2.1.2: PROVIDE EFFECTIVE, USEFUL, UP-TODATE CASE-PROCESSING AND CASE-LAW RESOURCES AND 

TRAININGS FOR THE LABOR-MANAGEMENT COMMUNITY

Each FLRA component delivers training and outreach in a manner reflecting its unique 

expertise.

The OGC and Authority components deliver training and outreach services that have a 

statutory focus, which makes them appropriate for remote, online, and recorded media. 

Most of CADRO’s prevention services are different and therefore offered in a different 

manner.

CADRO offers various prevention services that improve “soft skills,” which ironically are 

quite hard to master. The common link that binds most CADRO prevention services is 

that they are designed to help party representatives more effectively and efficiently solve 

complex workplace problems and make important workplace decisions, which can be 

especially difficult in traditional labor-management relationships. Communication skills, 

interest-based problem-solving skills, facilitation skills, collective bargaining skills, 

dispute resolution techniques, and effective advocacy in ADR forums are just some of 

what CADRO staff teach management and union representatives. For some parties, the 

targeted outcome is to repair severely damaged workplace relationships. For others, the 

goal is to improve the operation of a stable, traditional labor-management relationship. 

For yet others, CADRO staff help parties develop and implement a trajectory from a 

traditional labor-management relationship to a highly collaborative labor-management 

partnership. Ultimately, CADRO offers these services to help parties improve mission 

performance, quality of work life, and day-to-day workplace relationships. In doing so, 

CADRO helps the FLRA exercise leadership in the manner envisioned by the President’s 

Executive Order on Worker Organizing and Empowerment (14025), his Executive Order 

Protecting the Federal Workforce (14003), and the White House Task Force on Worker 

Organizing and Empowerment Report adopted by the President.

In situations where parties experience labor-management challenges, targeted assistance 

can promote stable labor-management relationships by educating the parties regarding 

their statutory rights and obligations. It can also promote effective and efficient 

Government by assisting parties in addressing their disputes without necessarily 

resorting to formal filings. Additional targeted assistance may take various forms, 

including offering training to parties on particular topics that have given rise to frequent 

ULP charges, negotiability disputes, or arbitration exceptions. Other types of assistance 

might be most appropriate for parties experiencing broader labor-management 

challenges. For parties involved in complex representational matters, targeted assistance 

can include conducting conferences with the parties to assist them in identifying and, if 

feasible, resolving relevant issues.
59

Measure 2.1.1a (Previously 2.1.1): The number of training, labor-management 

improvement, outreach, and facilitation activities delivered.

Results Targets

FY 2020 20

Not Met

FY 2020 40

FY 2021 54

Met

FY 2021 40

FY 2022 76

Met

FY 2022 40

FY 2023 40

FY 2024 40

Measure 2.1.1b (Previously 2.1.2): The number of recipients of training, labormanagement improvement, outreach, and facilitation activities.

Results Targets

FY 2020 2,780

Met

FY 2020 2.500

FY 2021 7,886

Met

FY 2021 2,500

FY 2022 18,791

Met

FY 2022 2,500

FY 2023 2,500

FY 2024 2,500

Measure 2.1.1c (Previously 2.1.3): The percentage of participant responders who 

highly rate the training that they received.

Results Targets

FY 2020 N/A FY 2020 80%

FY 2021 93%

Met

FY 2021 80%

FY 2022 96%

Met

FY 2022 80%

FY 2023 80%

FY 2024 80%

Measure 2.1.1d: (Previously 2.1.4): The number of times that on-demand online 

training is used.

Results Targets

FY 2022 15,000+

Met

FY 2022 1,000

* New FY 2022 Measure. FY 2023 1,000

FY 2024 1,000
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PERFORMANCE GOAL 2.2.1: SUCCESSFUL RESOLUTION OF A 

SIGNIFICANT PORTION OF FLRA CASES THROUGH ADR

Parties normally litigate because they want an answer to a legal question. Getting an 

answer to a legal question is not the same as solving the problem that gave rise to the 

legal question. A large percentage of parties to cases before the FLRA elect to use our 

ADR services to prevent and solve workplace problems.

ADR is any type of dispute resolution process—other than litigation—that is 

administered by a 3rd party. There are many types of ADR, from facilitative at one end of 

the spectrum, to evaluative at the other. Types of ADR used by skilled professionals at 

the FLRA include mediation, facilitation, settlement conferences, and mediationarbitration. Other ADR tools are also used when appropriate.

Measure 2.2.1a (Previously 2.2.1): Percentage of unfair labor practice cases where 

OGC offer of ADR is accepted and case is partially or fully resolved.

Results Targets

FY 2022 99%

Met

FY 2022 95%

FY 2023 95%

FY 2024 95%

Measure 2.2.1b (Previously 2.2.2): Percentage of representation cases where OGC 

offer of ADR is accepted and case is partially or fully resolved.

Results Targets

FY 2022 99%

Met

FY 2022 95%

FY 2023 95%

FY 2024 95%

Measure 2.2.1c (New): The percentage of appropriate ULP cases in which ADR services 

are offered to the parties or ordered by the OALJ Chief Judge.

Results Targets

FY 2022 100%

Met

FY 2022 90%

* New FY 2022 Measure. FY 2022 90%

FY 2023 90%
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Measure 2.2.1d (New): The percentage of ULP cases that are partially or totally 

resolved after ADR services are accepted by the parties or ordered by the OALJ Chief 

Judge.

Results Targets

FY 2022 88%

Met

FY 2022 80%

* New FY 2022 Measure. FY 2022 80%

FY 2023 80%

Measure 2.2.2a (New): The percentage of appropriate arbitration cases pending before 

the Authority in which ADR services are offered to the parties.

Results Targets

FY 2022 TBD FY 2022 TBD

* New FY 2022 Measure. Cases just started 8/2022 – Data 

forthcoming FY 2023 90%

FY 2024 90%

Measure 2.2.2b (New): The percentage of arbitration cases that are partially or totally 

resolved after the parties accept an offer of ADR services.

Results Targets

FY 2022 TBD FY 2022 TBD

* New FY 2022 Measure. Cases just started 8/2022 – Data 

forthcoming FY 2023 60%

FY 2024 60%

Measure 2.2.3a (New): The percentage of appropriate negotiability cases pending 

before the Authority in which ADR services are offered to the parties.

Results Targets

FY 2022 100%

Met

FY 2022 90%

* New FY 2022 Measure. FY 2023 90%

FY 2024 90%

Measure 2.2.3b (New): The percentage of proposals or provisions in negotiability cases 

that are partially or totally resolved after the parties accept an offer of ADR services.

Results Targets

FY 2022 100% (170/170 cases)

Met

FY 2022 90%

* New FY 2022 Measure. FY 2023 90%

FY 2024 90%
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Measure 2.2.3c (New): The percentage of negotiability cases that are partially or 

totally resolved after the parties accept an offer of ADR services.

Results Targets

FY 2022 100% (13/13 cases)

Met

FY 2022 90%

* New FY 2022 Measure. FY 2023 90%

FY 2024 90%

Measure 2.2.3d (New): The percentage of cases – other than ULP, arbitration, and 

negotiability – that are partially or totally resolved after parties accept an offer of ADR 

services.

Results Targets

FY 2022 100% (5/5 cases)

Met

FY 2022 75%

* New FY 2022 Measure. FY 2023 75%

FY 2024 75%

Strategic goal 3: We will manage our resources effectively and efficiently 

in order to achieve organizational excellence.

The FLRA’s ability to fulfill its core mission under the Statute depends on excellent 

management of the organization and its resources. The organizational-excellence goal 

emphasizes how the Agency’s employees, IT infrastructure, and allocation of resources

are central to achieving all of the strategic goals and objectives outlined in the strategic 

plan.

The landscape of the federal workplace and workforce continues to evolve, especially in 

light of COVID and the need to rapidly respond to the changing future of work. It is 

crucial to simultaneously focus on developing the workforce of the future while retaining 

valuable institutional knowledge.

The Agency is prepared to meet ever-changing business demands through the innovative 

use of IT to best manage the workload and interact with parties. The FLRA continues to 

be an effective steward of taxpayer dollars. The Agency’s future operational approaches 

are designed to foster nimble and seamless deployment of resources coupled with costavoidance strategies to support productive labor-management relations across the federal 

government.
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PERFORMANCE GOAL 3.1.1: DEMONSTRATE STRONG RECRUITMENT 

AND RETENTION PRACTICES

Measure 3.1.1a (Previously 3.1.1): Demonstrable, strong recruitment and 

retention practices.

Results

2020 • Scheduled quarterly Diversity and Inclusion Team events and programs 

to highlight and celebrate diversity of Agency employees including 

Black History Month, Women’s History, Pride Month, Hispanic 

Heritage Month--provided pertinent resources/informational subject 

matter regarding diversity through weekly emails, published monthly 

newsletter and all employee intra-agency communications.

• Met or exceeded Government-wide standards for diversity and Schedule 

A hiring. Established contacts with organizations that assist 

individuals with disabilities in securing employment including: America 

Job Centers, state vocational rehabilitation agencies, the Veterans’ 

Vocational rehabilitation and Employment Program, Centers for 

Independent Living, and employment network service providers to 

ensure recruitment efforts include individuals with disabilities. The 

Agency also utilized the Schedule A hiring authority to fill critical 

vacancies this FY.

• Continued to support the Agency Diversity and Inclusion Team in their 

collective efforts to provide information to all FLRA employees.

• Increased recruitment efforts allowed the Agency to gather time-to-hire 

data in 2019 and 2020 to use to assess recruitment and staffing 

processes and procedures moving forward.

2021 • Conducted an agency-wide recruitment effort for additional members 

for the Agency Diversity, Equity, and Inclusion Team. The team now 

has 15 members that we believe properly reflect the diversity of the 

Agency.

• Developed the official charter for the team that was approved by all 

members and established subcommittees to address the necessary 

actions in line with the new administration’s Executive Orders and 

mandates related to DE&I. The subcommittees include but are not 

limited to Training, Recruiting and Hiring, Agency Events, and Policy 

Review.

2022 • Continued to reinforce recruitment and retention of a diverse and 

inclusionary workforce.

• Developed an agency-wide workforce demographic survey to gain more 

in-depth information from agency employees to establish various 

employee groups and committees to facilitate diverse agency programs 

and policies.

• Deployed a new, automated Time and Attendance system and a more 

secure e-OPF (online Official Personnel Folder) system.

• Developed new and improved recruitment strategies based on overall 

time to hire assessments.

• Developed an Agency entrance and exit survey for all employees to gain 

data on incoming perceptions of the agency and why employees are 
64

leaving the agency. This Data will assist us in recruitment planning 

and providing the proper consultation to management for developing an 

effective recruitment strategy to successfully fill vacant positions.

Targets

2023 • Develop an expanded recruitment base that is inclusive of all 

communities to include individuals with disabilities, varied races, 

cultures, incomes, educations, social affiliations, intellectual 

perspectives, languages, religions, ethnicities and members of the 

LGBTQ+ communities.

• Continue automation improvements to include a performance 

management system.

• Effectively utilize the Agency’s Diversity, Equity, and Inclusion 

committee to gain new ideas from members of the agency to better 

recruit and, more importantly, retain a diverse workforce 

representative of the country.

• Establish an Employee Engagement program to raise awareness of how 

FLRA utilizes Federal Employee Viewpoint Survey (FEVS) results to 

strengthen a healthy organizational environment and effectiveness.

• Improve diversity at higher grade levels including supervisory, 

management, and senior Executive positions through leadership 

competencies development and strategic recruitment.

2024 • Strengthen internal Labor-Management Relations.

• Continue to ensure the safety and security of FLRA employees and 

customers.

• Improve leadership effectiveness to:

o Establish a safe environment for the workforce to share ideas, 

innovations and proposals concerning work within their subjectmatter areas;

o Empower the workforce to improve processes and results;

o Build trust and confidence in senior leadership integrity by 

communicating information which impacts the workforce early and 

often, including staff for pre-decisional input on work strategies, 

systems, tools, partners, and methods when feasible.

• Implement enhanced employee recognition, awards, and appreciation 

strategies.

• Measure onboarding effectiveness and new employee experiences.

PERFORMANCE GOAL 3.1.2: MAINTAIN AND GROW AGENCY 

EXPERTISE THROUGH EMPLOYEE DEVELOPMENT

Measure 3.1.2a (Restored): Maintain and grow agency expertise through employee 

development.

Results

2022 • Maintain an environment conducive for learning to include greater use 

of technology for online, “on demand” training and the ability to record 

training and information sessions with subsequent availability across 

the workforce as needed.
65

• Establishment of collaborative exchanges with the Small Agency 

Council (SAC) and the Interagency Human Resources (HR) Policy 

Community of Practice, for example, sharpens the capabilities of the 

Human Resources Division personnel. Sharing of information and 

resources among external organizations enhances perspective and 

facilitates compliance and agility to ensure timely implementation of 

HR regulations, programs, operations, policies, and strategies.

• Effective utilization of detail opportunities for experiential learning and 

optimal use of available talent. This increases knowledge of the 

operations, standards, and customer relations of other FLRA 

components.

Targets

2023 • Expand networks for training resources to include access to Department 

of the Interior (DOI) University training programs for the FLRA 

workforce.

• Justify an FTE in the Human Resources Division for an Organization 

Development and Engagement Specialist with functional 

responsibilities to integrate strategic planning of organizational goals 

with organizational performance. This involves subject-matter 

expertise in human capital management (e.g., program evaluation, 

accountability, employee engagement best practices) and talent 

management (e.g., employee and leadership development, succession 

planning, workforce planning).

• Deploy an automated performance management system to enhance 

records management, data collection and analysis, and operational 

efficiencies in tracking activities throughout the performance 

management cycle.

2024 • Establish a robust Leadership Development Program in-house or utilize 

external programs to strengthen readiness for promotion at every level 

and ensure a pool of diverse, prepared successors for supervisory, 

management, and executive-level opportunities.

• Explore mentoring programs and peer-to-peer training.

• Increase use of available Executive Resources services to support senior 

management officials through transitions; ensure executive leadership 

development; improve diversity, equity, inclusion, and accessibility at 

the highest levels of the agency; and staff Senior Executive Service 

(SES), Senior Level (SL), and Senior Technical (ST) vacancies.
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PERFORMANCE GOAL 3.2.1: IMPROVE EFILING CAPABILITY AND 

MAXIMIZE ITS USE IN RECEIVING CASE FILINGS

Measure 3.2.1a (Previously 3.2.1): Expand the use of electronic filing for all 

components.

Results

2020 • 56 percent of cases eFiled Agency-wide.

• 89 percent of Authority cases eFiled.

• OGC eFiling increased by 9.3 percent.

• Streamlined eFiling software & created eFiling training module.

2021 • 68 percent of cases eFiled Agency-wide.

• 78 percent of Authority cases eFiled.

• OGC eFiling increased by 14 percent.

• Research and planning began to vastly increase capabilities of the 

eFiling system to allow a wider array of case types/actions and 

interactions.

2022 • 77 percent of cases eFiled Agency-wide.

• 74 percent of OGC cases eFiled.

• OGC eFiling has increased 8% from FY21.

Targets

2023 • 80% of cases filed electronically.

• Critically review and revise FLRA regulations to modernize filing 

requirements.

2024 • Fully align procedural regulations for case submission with available 

technology resources (eFile, etc.) to eliminate costly legacy means.

• Draft new regulations to allow FLRA service by email, where 

appropriate. 
67

Measure 3.2.1b (Previously 3.2.2): Move FLRA towards 100% electronic case files, 

electronic permanent records, and electronic case management. 

Results

2020 • Developed Case Management System (CMS) for the Authority 

component of the FLRA. Developed electronic case file structure in the 

DMS and initial planning to automate creating the electronic folders 

from the CMS.

2021 • Combined original Phase 2 and Phase 3 of the four-phase plan to 

implement fully-electronic casefile. Developed and tested end-to-end 

electronic casefile for the Authority component, rolled out in late 2020.

2022 • Enhancements and improvements continue on Authority CMS. OGC 

CMS development hindered by lack of appropriated funds, but 

continues slowly.

Targets

2023 • OGC implement “electronic” ULP and REP case filing system for all 

new cases; eliminate use of analog case files.

• Continue development and implementation of end-to-end electronic 

casefile system for all FLRA components.

2024 • Continue development and implementation of end-to-end electronic 

casefile system for all FLRA components. Align Agency policies and 

procedures for full acceptance of fully Electronic Casefile.

PERFORMANCE GOAL 3.2.2: ENHANCE EMPLOYEE TECHNOLOGY 

USAGE AND SKILLS AT EVERY LEVEL

Measure 3.2.2a (New) (Previously 3.2.3): Achieve an exceptional level of 

information security by increasing the percentage of systems using a zero-trust model 

and multifactor authentication and by promptly complying with cybersecurity orders 

and directives.

Results

2021 *New Measure for 2022

2022 • 75% of systems using Zero Trust model, CISA-Standard CDM and EDR 

implemented fully

Targets

2023 • 90% of systems using Zero Trust model; Multifactor Authentication in 

use for all externally provided systems

2024 • 100% Zero Trust architecture, MFA in all internal and external facing 

systems.
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Measure 3.2.2b (Previously 3b-4): Assess how internal and external customers 

perceive the effectiveness of the Agency’s IT modernization efforts. 

Results

2020 • Produced & administered a survey to assess employees’ response to the 

new WebEx system rolled out during pandemic in 2020.

• Employee Engagement Team & FLRA Pandemic Task Force jointly 

produced a survey to gather information on best practices, needs, to 

assess overall response to maximum telework, and to invite personnel 

to raise return to workplace concerns (77 percent respondents—positive 

results).

• Received a well-above-positive response to managers’ survey questions 

on how IT is functioning during maximum telework mode.

• Reinstated the Technology Council in order to directly gather feedback 

and actionable input regarding IT modernization efforts.

• Administered internal survey to assess how FLRA employees perceive 

the effectiveness of the Agency’s IT modernization efforts.

2021 • Received overwhelmingly positive comments about the effort to move 

from legacy DMS solution to new integrated DMS.

2022 • Used surveys and focus group meetings to assess the success and 

acceptance of the migration out of iManage and into SharePoint. 

Achieved about 90% satisfaction with both the new resource and the 

migration effort.

Targets

2023 • Continue to administer targeted surveys to assess usability of proposed 

broad changes and enhancements to eFiling and case-management.

• Apply lessons learned and improve surveying for Agency migration of 

video and telephony services to a cloud platform.

• Maintain open dialog with internal and external customers to best 

diagnose, assess, and plan future fixes and enhancements.

2024 • Continue to administer targeted surveys to assess usability of changes, 

fixes, and enhancements to the eFiling system and the Authority 

component CMS.

• Apply lessons learned and improve surveying for new development 

work for the OGC Component Case Management System.

• Maintain open dialog with internal and external customers to best 

diagnose, assess, and plan future fixes and enhancements.
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PERFORMANCE GOAL 3.3.1: ACHIEVE HIGH INTERNAL CUSTOMERSERVICE SCORES ON DELIVERY OF ADMINISTRATIVE SERVICES

Measure 3.3.1a (New) (Previously 3.1.2): Improvement in overall employee job 

satisfaction, as demonstrated through the score for question 42 of the Federal 

Employee Viewpoint Survey (FEVS).

Year Results Targets

Reported in 2020 62% satisfied in 2019

Reported in 2021 73% satisfied in 2020

Reported in 2022 73% satisfied in 2021

Reported in 2023 TBD satisfied in 2022 75% satisfied

Reported in 2024 77% satisfied
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LEGACY STRATEGIC GOALS, OBJECTIVES, AND MEASURES

As part of the FLRA’s ongoing performance planning, it developed a new 2022-2026 

Strategic plan, replacing, rewording, or eliminating, outdated or irrelevant goals, 

objectives and measures. They are listed here.

Legacy Performance Goal 1b-1: Conduct high-quality investigations and produce high-quality 

written work products.

Measure 1b-1: Establish and surpass case-processing quality goals.

Results

2019 Developed internal tools to establish agency case quality goals and identify 

areas where improvement is needed, to be used in conjunction with 

performance reviews.

2020 Updated all performance standards to include a quality standard. Monitored 

quality and evaluated through end-of-year performance evaluations.

Developed and instituted Agency-wide informal training program using 

brown bag sessions.

Conducted internal legal writing training for Authority attorneys and legal 

interns.

Following an internal survey on training needs, provided unlimited access to 

“West Legal Ed” for multitude training opportunities - ideal remote training 

opportunity during maximum telework/social distancing.

Increased emphasis on well written cases, in compliance with the Plain 

Writing Act and as mentioned by Chairman Kiko and Member Abbott in the 

August 2020 FDR conference video.

2021 Authority has eliminated redundancies in its decisions by weaving the parties’ 

arguments into the analysis portion of decisions, rather than initially setting 

forth the parties’ arguments and then restating them in the analysis.

By moving all legal citations to footnotes – instead of placing them in text –

Authority decisions are now more readable because the citations do not 

interrupt the flow of sentences. 

Recitation of frequently applied legal standards and disposition of minor 

issues are increasingly relegated to footnotes so that the main text is more 

streamlined.

Plain-language principles applied to FLRA website: active voice; improved 

organization by case types; visually engaging design, simplified global 

navigation, improved usability and search function, all-new substantive 

content, and a convenient training-registration tool.

Targets

2019 Complete development of Agency-wide quality assessment tools and finalize 

pilot implementation. 

2020 Target areas for improvement in case-processing quality, based on data 

gathered from internal tool(s) and survey results.

Set case-quality goals, as measured by surveys or other quality assessment 

tools. 

2021 Written work products should reflect an increase in quality, as measured by 

the tools.

2022 Written work products should reflect an increase in quality, as measured by 

the tools.
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Legacy Performance Goal 1b-2: Implement effective methods to maintain and improve the quality 

of FLRA investigations and written work products, including FLRA staff training and internal 

education resources.

Legacy Measure 1b-2: Train FLRA staff and provide internal educational resources to improve the 

quality of investigations and written work products.

Results

2019 Developed and instituted Agency-wide informal training program using 

brown bag sessions.

Developed and administered internal survey on training.

Encouraged employees to increase awareness of Authority decisions by 

using electronic distribution tool for Agency-wide dissemination of 

decisions.

Implemented Individual Development Plans for each staff member to 

identify training needs.

2020 Conducted in-house Casework Training in early March 2020.

Conducted internal legal writing training for Authority. attorneys and legal 

interns.

See also 2020 results in Measure 1b-1.

2021 Professional development budget was set at $1000 per employee, allowing 

each staffer to take one or conceivably two professional development 

courses as desired.

Targets

2019 Develop internal training programs and other educational tools Agencywide in order to improve the quality of investigations and written work 

products (e.g., component-specific mentoring programs, Agency-wide or 

component-specific brown bag sessions, Agency-wide dissemination of 

decisions and other relevant legal opinions). 

Develop and administer internal surveys or other measures to assess the 

effectiveness of pilot internal training programs and educational tools.

Make necessary adjustments to make internal training programs more 

effective.

Formally implement those internal training programs and educational tools 

that are deemed effective in order to improve the quality of investigations 

and written work products. 

2020 Target ways to improve the effectiveness of internal educational resources 

based on survey results.

Show a 10 percent increase in the effectiveness of internal educational 

resources, as measured by internal survey instruments or other measures 

developed in 2019. 

2021 Continue to make necessary adjustments to maximize efficiency of internal 

training programs.

Increase professional development options for FLRA staff in order to 

improve the quality of investigations and written work products.

2022 Continue to make necessary adjustments to maximize efficiency of internal 

training programs.

Increase professional development options for FLRA staff in order to 

improve the quality of investigations and written work products.
72

Legacy Performance Goal 1b-3: Ensure external stakeholder confidence in FLRA’s abilities. 

Legacy Measure 1b-3: Customer perceptions about FLRA’s impartiality. 

Results

2019 Developed a survey to assess parties’ perceptions of FLRA’s impartiality.

2020 COVID-19 delayed implementation of pilot survey – will carry over to 

2021

2021 COVID-19 and change in leadership delayed implementation of pilot 

survey

Targets

2019 Develop and administer an external survey(s) to assess the parties’ 

perceptions of FLRA’s impartiality. 

2020 Maintain or improve overall perceptions about FLRA’s impartiality year 

over year.

Pilot external survey. 

2021 Deliver external survey electronically with every final agency action and 

evaluate results. 

2022 Deliver external survey electronically with every final agency action and 

evaluate results.

Legacy Measure 2a: Expand the relevancy, currency, and reach of educational tools. 

Results

2019 Drafted digests and prepared for upcoming publication.

Acquired animation software to begin developing short animated training 

videos.

Piloted desktop video teleconferencing to expand capabilities for providing 

interactive external training online.

Developed 5 pre-recorded training modules in preparation for posting.

Updated OGC Unfair Labor Practice Case Law Outline and the OGC 

Representation Case Outline.

2020 FLRA issued two press releases announcing seven online training sessions 

Agency-wide.

FLRA produced and published several training videos on a new YouTube 

channel (Youtube.com/c/FederalLaborRelationsAuthority) Also posting five 

pre-recorded training modules on FLRA.gov

YouTube trainings plus those currently on the website. 

Continue to provide case digest summaries for all Authority decisions. To date, 

the Authority has published approximately 205 digests. 

Quarterly digests reports are up to date and were announced in a press release. 

Requested public comment on proposed negotiability regulations.

Agency updated its union-dues-revocation regulation. 

Conducted live-stream training.

Requested public comment via Federal Register notice on four policy statement 

requests.

Agency issued five policy statements. 

Updated OGC Representation Case Outline.

2021 Expanded the number of animated YouTube training available on 

(Youtube.com/c/FederalLaborRelationsAuthority).

FLRA issued two press releases announcing ten online training sessions 

Agency-wide.
73

The topics covered in the videos are eFiling, Unfair Labor Practice 

Investigations, Timeliness under Section 7118(a)(4), and Investigatory 

Examinations (a seven-lesson course).

Quarterly case digest reports continued.

Targets

2019 Update at least 3 guides or manuals Agency-wide.

Establish a mechanism to live stream trainings online or offer pre-recorded 

trainings on the FLRA.gov website. 

Offer at least 5 training sessions online Agency-wide.

Begin publishing case digest summaries for all Authority decisions. OGC and 

FSIP to evaluate doing the same for their decisions.

2020 Critically review and update the relevancy and currency of Agency regulations.

Update 2 guides or manuals Agency-wide.

Offer 7 training sessions online Agency-wide.

Continue to provide case digest summaries for all Authority decisions. Provide 

OGC and FSIP case digests, if deemed appropriate.

2021 Critically review and update the relevancy and currency of Agency regulations.

Update remaining guides or manuals Agency-wide as needed.

Offer 10 additional training sessions online as developed.

Continue to provide case digest summaries for all Authority decisions. Provide 

OGC and FSIP case digests, if deemed appropriate.

2022 Continue to expand online resources.

Continue to provide case digest summaries for all Authority decisions. Provide 

OGC and FSIP case digests, if deemed appropriate.

Legacy Measure 2b: Develop and implement a highly effective, totally voluntary 

targeted-assistance program and related procedures.

Results

2019 Collaborated with FMCS on a pilot program for mediation of appropriate 

negotiability disputes.

Addressed specific requests of parties for targeted training.

2020 FLRA conducted 16 customer trainings.

Authority & FSIP lawyers successfully trained FMCS mediators.

The Authority and FMCS developed a shared electronic case-management 

system to track the status of referred NEG cases.

In December 2019, began referring NEG cases to FMCS mediators.

To date, FMCS has narrowed – or entirely resolved – the negotiability dispute in 

50 percent (5/10) of referred cases.

To date, FMCS mediators assisted parties in resolving 71 percent (82/117) of the 

proposals/provisions referred to mediation.

Authority and FMCS project leaders confer regularly to refine and apply metrics 

for measuring success.

FLRA implemented a PDF questionnaire for customers to be used in 

representation cases (implemented during COVID-19).

Virtual REP hearings procedures were put into place. 

Addressed specific requests of parties for targeted training.

2021 CADRO was restored.

FMCS mediation pilot program was terminated.
74

Targets

2019 Develop the criteria for identifying parties with significant labor-management 

challenges.

Develop procedures for offering targeted assistance to identified parties or 

referring such parties to appropriate resources.

Pilot a targeted-assistance program.

Identify metrics for evaluating the program’s success.

Formally implement a targeted-assistance program with appropriately ambitious 

measures to assess its effectiveness.

2020 Train FMCS mediators and support the pilot mediation program.

Establish metrics for evaluating mediation program.

Evaluate the effectiveness of the targeted-assistance program using the metrics 

established in 2019.

Make necessary refinements and improvements based on customer feedback.

Increase the program’s overall success as measured by the metrics established in 

2019.

2021 Evaluate the effectiveness of the FMCS mediation pilot program using metrics 

established in 2020.

Continue to evaluate the targeted-assistance program.

2022 With the re-establishment of CADRO, FLRA will discontinue this measure.

Legacy Measure 3a: Align performance-management systems and individual performance plans 

with current Strategic Plan.

Results

2019 Evaluated Agency performance-management systems and individual employee 

performance plans for alignment with the legacy Strategic Plan.

Formed Strategic Implementation Teams for the three types of positions (1) OGC 

Attorneys, (2) Non-OGC attorneys, (3) Non-Attorneys and tasked those teams with 

offering recommended revisions to employees’ standards and elements. 

Strategic Implementation Teams have provided Agency leadership with 

recommended revisions of performance plans to pilot in 2020.

2020 Completed the development of revised performance plans for all attorney positions 

and rolled them out for 2020 performance year.

Assessing employees’ perceptions that performance management systems align with 

the legacy Strategic Plan via FEVS. In FEVS 2020 results, 90.8 percent of 

employees “Know how my work relates to the agency’s goals,” up from 79.2 

percent in 2019.

Completed the development of revised performance plans for all non-attorney and 

manager positions.

Completed the review of, and updated, the Agency’s GS performance management 

system’s policy and the Agency’s attorney individual performance plans to ensure 

they align directly with the 2018-2022 Strategic Plan.

Created the new SL performance plans.

2021 Evaluated pilot and revise performance plans as appropriate.

Managers added whistleblower protection information to performance plans.

Completed the development of revised performance plans for all remaining 

positions.
75

Targets

2019 Develop communications strategies, educational tools, and other materials to 

successfully implement the new systems. 

Develop and administer an internal survey(s) to assess whether employees perceive 

that performance management systems (GS and SL/SES) and individual employee 

performance plans align with the legacy Strategic Plan.

2020 Develop revised performance plans for remaining positions.

Pilot all revised performance plans.

Implement appropriate communications strategies and educational tools to 

successfully achieve the transition. 

2021 Evaluate pilot and revise performance plans as appropriate.

Managers add whistleblower protection information to performance plans.

Completed the development of revised performance plans for all remaining 

positions.

2022 FLRA will discontinue this measure following the alignment of performance plans 

and systems with the legacy Strategic Plan.

Legacy Measure 3b-3: Internal and external customer perceptions of the eFiling System.

Results

2019 Received feedback from external users via the provided engagement email address. 

Implemented suggestions and replied to customer feedback.

Developed and distributed notices to customers promoting the use of eFiling.

2020 Received feedback from external users via the provided engagement email address. 

Implemented suggestions and replied to customer feedback.

Streamlined the eFiling system & created eFiling training module.

2021 Implemented significant fixes and enhancements in response to customer feedback.

Integrated new eFiling user registration approval mechanism in CMS.

Targets

2019 Develop a communications strategy for sharing with internal and external customers 

the benefits and advantages of eFiling (e.g., notice to go out with all Authority 

decisions).

Develop and administer internal and external survey tools to assess customer 

perceptions of the eFiling System.

Develop online, pop-up eFiling surveys that appear while users are logged into the 

eFiling System.

2020 Maintain or improve positive responses to internal and external survey instruments.

Adopt suggested enhancements to the eFiling System, as appropriate.

2021 Maintain or improve positive responses to internal and external survey instruments.

Adopt suggested enhancements to the eFiling System, as appropriate.

2022 FLRA will discontinue this measure; will measure through the engagement email 

address.
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PRINCIPAL FINANCIAL STATEMENTS

MESSAGE FROM THE CHIEF EXECUTIVE OFFICER

The FLRA’s FY 2022 Performance and Accountability Report reflects the correlation 

between the programmatic and financial aspects of the agency’s work. The report bridges 

these two areas by presenting performance results with the financial results of agency 

operations. The financial statements and notes that follow explain the FLRA’s financial 

position as of September 30, 2022, and how the Agency’s financial resources were 

expended to achieve results.

For the seventeenth consecutive year, the FLRA has received an unqualified audit 

opinion on its financial statements. Along with the unqualified opinion, the report of 

independent auditors found no material weaknesses in the design and operation of the 

Agency system of internal controls over financial reporting. I am confident that the 

FLRA’s financial and performance data are complete, accurate, and reliable. 

With FY 2023 expected to be another challenging year, we will continue to focus on 

resolving cases fairly and efficiently, securing resources appropriate to meet our mission, 

meeting electronic records deadlines, closing open recommendations, and improving our 

levels of employee satisfaction and morale.

Ernest DuBester

Chairman and Chief Executive Officer

Federal Labor Relations Authority
77

BALANCE SHEET

Accompanying notes are integral to these statements and may reflect rounding 

differences.
78

STATEMENT OF NET COST
79

Accompanying notes are integral to these statements and may reflect rounding 

differences.

STATEMENT OF CHANGES IN NET POSITION

Accompanying notes are integral to these statements and may reflect rounding 

differences.
80

STATEMENT OF BUDGETARY RESOURCES

Accompanying notes are integral to these statements and may reflect rounding 

differences.
81

NOTES TO THE FINANCIAL STATEMENTS

NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

A. Reporting Entity

The FLRA is an independent, administrative Federal agency created by Title VII of the 

Civil Service Reform Act of 1978, with a mission to carry out five statutory 

responsibilities: (1) determining the appropriateness of units for labor organization 

representation; (2) resolving complaints of unfair labor practices; (3) adjudicating 

exceptions to arbitrators’ awards; (4) adjudicating legal issues relating to duty to bargain; 

and (5) resolving impasses during negotiations. The agency consists of three components: 

the Authority, the Office of the General Counsel, and the Federal Service Impasses Panel.

B. Basis of Accounting and Presentation

The financial statements have been prepared to report the financial position, net cost of 

operations, changes in net position, and budgetary resources of the FLRA in accordance 

with the Chief Financial Officers Act of 1990, the Government Management Reform Act 

of 1994, and the Accountability of Tax Dollars Act of 2002. The statements have been 

prepared from agency financial records in accordance with U.S. Generally Accepted 

Accounting Principles (GAAP), in accordance with guidance issued by the Federal 

Accounting Standards Advisory Board (FASAB) and the Office of Management and 

Budget (OMB), as prescribed in OMB Circular A-136, Financial Reporting Requirements, 

and pursuant to the requirements of 31 U.S.C. § 3515(b). These financial statements 

include all funds and accounts under the control of the FLRA. 

The accounting structure of Federal agencies is designed to reflect both accrual and 

budgetary accounting transactions. Under the accrual method of accounting, revenues are 

recognized when earned, and expenses are recognized when incurred, without regard to 

the receipt or payment of cash. The budgetary accounting principles, on the other hand, 

are designed to recognize the obligation of funds according to legal requirements, which in 

many cases occur before an accrual-based transaction takes place. The recognition of 

budgetary accounting transactions is essential for the control and monitoring of federal 

funds as well as the compliance with legal constraints and controls over the use of those 

funds. The accompanying financial statements are prepared on the accrual basis of 

accounting.

Accounting standards require all reporting entities to disclose that accounting standards 

allow certain presentations and disclosures to be modified, if needed, to prevent the 

disclosure of classified information.

C. Budget Authority

The Congress passes appropriations annually that provide the FLRA with authority to 

obligate funds for necessary salaries and expenses to carry out mandated program 

activities. These funds are available until expended, subject to OMB apportionment and 

to Congressional restrictions on the expenditure of funds. Also, the FLRA places internal 

restrictions on fund expenditures to ensure the efficient and proper use of all funds.
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D. Fund Balance with Treasury

FLRA receipts and disbursements are processed by the Department of the Treasury. 

Fund balances with the Treasury consist of appropriated funds that are available to pay 

current liabilities and to finance authorized purchase commitments. No cash is held in 

commercial bank accounts.

E. Accounts Receivable

Accounts receivable consists of amounts owed to FLRA by other federal agencies and the 

public. Amounts due from federal agencies are considered fully collectible and consist of 

interagency agreements. An allowance for uncollectible accounts receivable from the 

public is established when either (1) management determines that collection is unlikely to 

occur after a review of outstanding accounts and the failure of all collection efforts, or (2) 

an account for which no allowance has been established is submitted to the Department of 

the Treasury for collection, which takes place when it becomes 120 days delinquent. 

Based on historical experience, all receivables are considered collectible and no allowance 

is provided.

F. General Property and Equipment (P&E)

This category consists of equipment and internal use software. The basis for recording 

purchased P&E is full cost, including all costs incurred to bring FLRA P&E to and from a 

location suitable for its intended use. P&E is depreciated using the straight-line method 

over the estimated useful life of the asset. Statement of Federal Financial Accounting 

Standards (SFFAS) No. 10, Accounting for Internal Use Software, provides accounting 

standards for internal use software used by each agency. The standards provide for 

capitalized property to continue to be reported on the Balance Sheet. P&E that are not 

capitalized because they are under the capitalization threshold are expensed in the year 

of acquisition. 

The FLRA’s capitalization threshold for individual purchases is $25,000. Bulk purchases 

of similar items that individually are worth less than $25,000, but collectively are worth 

more than $100,000 are also capitalized using the same general P&E categories and 

useful lives as capital acquisitions. Major building alterations and renovations are 

capitalized, while maintenance and repair costs are charged to expense as incurred.

General P&E Category Service Life

Software 3 Years 

Computer Equipment 5 Years 

Office Equipment 7 Years 

Office Furniture 15 Years 

Leasehold Improvements Life of lease 

G. Liabilities

Liabilities represent the amount of monies or other resources likely to be paid by the 

FLRA as a result of transactions or events that have already occurred. Liabilities are 
83

recognized when they are incurred, regardless of whether they are covered by available 

budgetary resources. FLRA reports its liabilities under two categories, Intragovernmental 

and Other than Intragovernmental. Intragovernmental liabilities represent funds owed 

to another government agency. Liabilities other than intragovernmental represent funds 

owed to any entity or person that is not a federal agency, including private sector firms 

and federal employees. Each of these categories may include liabilities that are covered 

by budgetary resources and liabilities not covered by budgetary resources. No liability can 

be paid, however, absent an appropriation. Liabilities for which an appropriation has not 

been enacted are, therefore, classified as not covered by budgetary resources, since there 

is no certainty that the appropriation will be enacted. Liabilities that are covered by 

budgetary resources consist of intragovernmental and public accounts payable and 

accrued funded payroll. Liabilities not covered by budgetary resources in FY 2021 and FY 

2022 consist of accrued and actuarial Federal Employees Compensation Act (FECA) 

compensation and unfunded employee leave. The Federal government, acting in its 

sovereign capacity, can abrogate liabilities other than contracts.

H. FECA Liabilities

An accrued FECA liability is recorded for actual and estimated future payments to be 

made for workers’ compensation pursuant to the FECA. The actual costs incurred are 

reflected as a liability because agencies will reimburse the Department of Labor (DOL) 

two years after the actual payment of expenses. Future revenues will be used for their 

reimbursement to the DOL. The liability consists of: (1) the unreimbursed cost paid by the 

DOL for compensation to recipients under the FECA; and (2) the net present value of 

estimated future payments calculated by the DOL. 

An estimated actuarial liability for future workers’ compensation benefits is included. The 

liability estimate is based on the DOL’s FECA actuarial model that takes the amount of 

benefit payments over the last twelve quarters and calculates the annual average of 

payments for medical expenses and compensation. This average is then multiplied by the 

liabilities-to-benefits paid ratios for the whole FECA program. The ratios may vary from 

year to year as a result of economic assumptions and other factors, but the model 

calculates a liability approximately twelve times the annual payments.

I. Annual, Sick and Other Leave

Amounts associated with the payment of annual leave are accrued while leave is being 

earned by employees, and this accrual is reduced as leave is taken. Each year the balance 

in the accrued annual leave account is adjusted to reflect current pay rates. To the extent 

that current or prior-year appropriations are not available to finance annual leave, future 

financing sources will be used. Sick leave and other types of non-vested leave are 

expensed as taken. 

Any liability for sick leave that is accrued but not taken by a Civil Service Retirement 

System (CSRS) or a Civil Service Retirement System Offset (CSRS offset)-covered 

employee is transferred to the Office of Personnel Management (OPM) upon the 

retirement of that individual. Federal Employees Retirement System (FERS)-covered 

employees were not entitled to use unused sick leave for additional service credit until 

October 28, 2009. For retirements effective between October 28, 2009 and December 31, 
84

2013, 50 percent of unused sick leave can be used for additional service credit. For 

retirements effective after December 31, 2013, 100 percent of unused sick leave can be 

credited.

J. Net Position

The components of net position are unexpended appropriations and cumulative results of 

operations. Unexpended appropriations include undelivered orders and unobligated 

balances. Undelivered orders reflect the amount of goods and services ordered that have 

yet to be actively or constructively received. Unobligated balances are the amount of 

appropriations or other authority remaining after deducting the cumulative obligations 

from the amount available for obligation. The cumulative results of operations represent 

the net results of operations since inception, the cumulative amount of prior-period 

adjustments, the remaining book value of capitalized assets, and future funding 

requirements.

K. Retirement Plans

The FLRA’s employees participate in the CSRS or the FERS. For CSRS employees, hired 

prior to January 1, 1984, the FLRA withholds seven percent of each employee’s salary 

and contributes seven percent of the employee’s basic salary to the CSRS Retirement and

Disability Fund. These employees may also contribute, on a tax-deferred basis, to a 

defined contribution plan – the Thrift Savings Plan (TSP). The regular Internal Revenue 

Service limit in FY 2021 and FY 2022 was $19,500 and $20,500, respectively. The FLRA 

is not required to and does not contribute any matching amounts for CSRS employees. 

The FERS was established by enactment of Public Law 99-335. Pursuant to this law, the 

FERS and Social Security automatically cover most employees hired after December 31, 

1983. Employees hired before January 1, 1984 elected either to join the FERS and Social 

Security or to remain in the CSRS. For FERS employees, the FLRA withholds 6.2 percent 

in old age survivors and disability insurance up to a specified wage ceiling and 0.8 percent 

of an employee’s gross earnings for retirement. In FY 2022, the FLRA matched the 

retirement withholdings with a contribution equal to 18.4 percent of the employee’s 

taxable salary. Due to enactment of the FERS Revised Annuity Employee and Further 

Revised Annuity Employee programs, the agency matched with a contribution equal to 

16.6 percent for employees hired during and after calendar year 2013. 

All employees are eligible to contribute to the TSP. For employees under the FERS, a TSP 

account is automatically established. The FLRA is required to make a mandatory 

contribution of one percent of the base salary for each employee under the FERS. The 

agency is required to match the employee’s contribution up to a maximum of five percent 

of his or her salary. Matching contributions are not made to the TSP accounts established 

by CSRS employees. The FLRA does not report on its financial statements information 

pertaining to the retirement plans covering its employees. Reporting amounts such as 

plan assets, accumulated plan benefits, and related unfunded liabilities, if any, are the 

responsibility of the OPM. 

FERS employees and certain CSRS reinstatement employees are eligible to participate in 

the Social Security program after retirement. CSRS employees who are 65 or older are 
85

eligible for Social Security payments (even if they have not retired). In these instances, 

the FLRA remits the employer’s share of the required contribution.

L. Imputed Financing from Costs Absorbed by Others

The FASAB’s SFFAS No. 5, Accounting for Liabilities of the Federal Government, 

requires that employer agencies recognize the full cost of pension, health, and life 

insurance benefits during their employees’ active years of service. The OPM, as 

administrator of the CSRS and FERS plans, the Federal Employees Health Benefits 

Program, and the Federal Employees Group Life Insurance Program, must provide the 

“cost factors” that adjust the agency contribution rate to the full cost for the applicable 

benefit programs. An imputed financing source and corresponding imputed personnel cost 

is reflected in the Statement of Changes in Net Position and the Statement of Net Cost. 

M. Revenue and Other Financing Sources

The FLRA’s revenues are derived from reimbursable work agreements, Freedom of 

Information Act collections, and a direct annual appropriation. The FLRA recognizes 

reimbursable work when earned, i.e., services have been provided. Each reimbursable 

work agreement specifies the dollar value of the agreement and is based on estimated

resources needed to perform the specified services.

The agency receives an annual Salaries and Expenses appropriation from the Congress. 

Annual appropriations are used, within statutory limits, for salaries and administrative 

expenses and for operating and capital expenditures for essential P&E. Appropriations 

are recognized as non-exchange revenues at the time the related program expenses are 

incurred. Appropriations expended for capitalized P&E are recognized as expenses when 

an asset is consumed in operations. The FLRA’s annual appropriation for FY 2021 and FY 

2022 was $26,600,000 and $27,398,000, respectively.

N. Expired Accounts and Cancelled Authority

Unless otherwise specified by law, annual budget authority expires for incurring new 

obligations at the beginning of the subsequent fiscal year. The account into which the 

annual authority is placed is called an expired account. For five fiscal years, the expired 

account is available for expenditure to liquidate valid obligations incurred during the 

unexpired period. Adjustments are allowed to increase or decrease valid obligations 

incurred during the unexpired period that were not previously reported. At the end of the 

fifth expired year, the account is cancelled and any remaining money is returned to the 

Treasury.

O. Contingencies

A contingency is an existing condition, situation, or set of circumstances involving 

uncertainty as to possible gain or loss to the agency. The uncertainty will ultimately be 

resolved when one or more future events occur or fail to occur. With the exception of 

pending, threatened, or potential litigation, a contingent liability is recognized when a 

past transaction or event has occurred, a future outflow or other sacrifice of resources is 

more likely than not, and the related future outflow or sacrifice of resources is 
86

measurable. For pending, threatened, or potential litigation, a liability is recognized when 

a past transaction or event has occurred, a future outflow or other sacrifice of resources is 

likely, and the related future outflow or sacrifice of resources is measurable.

P. Use of Estimates

The preparation of financial statements in conformity with GAAP requires management 

to make estimates and assumptions that affect the reported amounts of assets, liabilities, 

revenues, and expenses. Actual results could differ from those estimates.

Q. Advances and Prepayments

Advance payments are generally prohibited by law. There are some exceptions, such as 

reimbursable work agreements, subscriptions, and payments to contractors and 

employees. Payments made in advance of the receipt of goods and services are recorded as 

advance payments and recognized as expenses when the related goods and services are 

received.

NOTE 2: FUND BALANCE WITH TREASURY

U.S. government cash is accounted for on an overall consolidated basis by the Treasury. 

The amounts shown on the Balance Sheet represent the FLRA’s right to draw on the 

Treasury for valid expenditures. The fund balance as shown on the FLRA records is 

reconciled monthly with records from the Treasury. Fund Balance with Treasury account 

balances as of September 30, 2022 and 2021 were as follows (In Dollars):

No discrepancies exist between the Fund Balance reflected on the Balance Sheet and the 

balances in the Treasury accounts.

The available unobligated fund balances represent the current-period amount available 

for obligation or commitment. At the start of the next fiscal year, this amount will 

become part of the unavailable balance as described in the following paragraph.

The unavailable unobligated fund balances represent the amount of appropriations for 

which the period of availability for obligation has expired. These balances are available 

for upward adjustments of obligations incurred only during the period for which the 

appropriation was available for obligation or for paying claims attributable to the 

appropriations.

The obligated balance not yet disbursed includes accounts payable, accrued expenses, 

unfilled orders, and undelivered orders that have reduced unexpended appropriations but 

have not yet decreased the fund balance on hand.
87

NOTE 3: ACCOUNTS RECEIVABLE, NET

The reported amount for accounts receivable consists of amounts owed to the FLRA by 

other Federal agencies (intragovernmental) and the public. There are no amounts that 

are deemed uncollectible as of September 30, 2022 and 2021. Accounts Receivable 

balances as of September 30, 2022 and 2021 were as follows (In Dollars):

NOTE 4: GENERAL PROPERTY, PLANT AND EQUIPMENT, NET

Schedule of General Property, Plant and Equipment, Net as of September 30, 2022 (In 

Dollars):

Schedule of General Property, Plant and Equipment, Net as of September 30, 2021 (In 

Dollars):

NOTE 5: LIABILITIES COVERED AND NOT COVERED BY BUDGETARY 

RESOURCES 

Unfunded FECA liabilities consist of workers’ compensation claims payable to the DOL, 

which will be funded in a future year, and an unfunded estimated liability for future 

workers’ compensation claims based on data provided from the DOL. The actuarial 

calculation is based on benefit payments made over twelve quarters and calculates the 

annual average of payments. For medical expenses and compensation, this average is 

then multiplied by the liability-to-benefit paid ratio for the whole FECA program. 

Unfunded leave represents a liability for earned leave and is reduced when leave is taken. 

At the end of each month the balance in the unfunded leave account is adjusted to reflect 

the liability at current pay rates and leave balances. Unfunded leave is paid from future 
88

funding sources and, accordingly, is reflected as a liability not covered by budgetary 

resources. Sick and other leave is expensed as taken. All other liabilities are considered to 

be covered by budgetary resources. 

Liabilities Not Covered by Budgetary Resources as of September 30, 2022 and 2021 

consist of the following (In Dollars):

NOTE 6: OTHER LIABILITIES

Other liabilities as of September 30, 2022 consisted of the following (In Dollars):

Other liabilities as of September 30, 2021 consisted of the following (In Dollars):

NOTE 7: LEASES

The FLRA has operating leases for rental of office space and equipment. As a Federal 

agency, the FLRA is not liable for any lease terms beyond one year. All leases are federal.

Current Operating Leases

233 Peachtree Street NE, Atlanta, GA

The FLRA has an interagency agreement with the General Services Administration for 

office space at 233 Peachtree Street NE, Atlanta, GA. The term is for 120 months 

beginning on or about January 18, 2012. FLRA has the right to terminate the lease based 
89

on the availability of funds or with a four month notice at any point after the first twelve 

months of occupancy. This lease expired on January 17, 2022.

229 Peachtree Street NE, Atlanta, GA

The FLRA has an interagency agreement with the General Services Administration for 

office space at 229 Peachtree Street NE, Atlanta, GA. The term is for 180 months 

beginning January 18, 2022. This was a forced move at the Lessor’s expense. FLRA has 

the right to terminate the lease based on the availability of funds or with a four month 

notice at any point after the first twelve months of occupancy. This lease expires January 

17, 2037.

224 S. Michigan Avenue, Suite 445, Chicago, IL

The FLRA has an interagency agreement with the General Services Administration for 

office space at 224 S. Michigan Avenue, Suite 445, Chicago, IL. The term is for 120 

months beginning on December 12, 2012 and expires on December 11, 2022. On August 

21, 2021 the lease was renewed for 60 months beginning December 12, 2022. FLRA has 

the right to terminate the lease based on the availability of funds or with a four month 

notice at any point after the first twelve months of occupancy.

1244 Speer Boulevard, Denver, CO

The FLRA has an interagency agreement with the General Services Administration for 

office space at 1244 Speer Boulevard, Denver, CO. The previous term of 57 months began 

on July 1, 2013 and expired on March 24, 2018. The term for the current agreement is for 

60 months beginning on or about September 14, 2021. FLRA has the right to terminate 

the lease based on the availability of funds or with a four month notice at any point after 

the first twelve months of occupancy.

1400 K Street NW, Washington, DC

The FLRA has an interagency agreement with the General Services Administration for 

office space at 1400 K Street NW, Washington, DC. The term is for 87 months beginning 

on or about June 1, 2014. The term for the current agreement is for 120 months beginning 

on or about March 25, 2018. On May 20, 2020, the lease agreement was modified to 60 

months beginning September 14, 2020. FLRA has the right to terminate the lease based 

on the availability of funds or with a four month notice at any point after the first twelve 

months of occupancy.

1301 Clay Street, Oakland, CA

The FLRA has an interagency agreement with the General Services Administration for 

office space at 1301 Clay Street, Oakland, CA. The term is for 120 months beginning on or 

about August 1, 2021. FLRA has the right to terminate the lease based on the availability 

of funds or with a four month notice at any point after the first twelve months of 

occupancy.

NOTE 8: COMMITMENTS AND CONTINGENCIES
90

The FLRA is, at times, a party in various administrative proceedings, legal actions, and 

claims brought by or against the agency. In the opinion of FLRA management, the 

ultimate resolution of any proceedings, actions, and claims will not materially affect 

financial position or results of operations of the FLRA. The agency examined its FY 2017 

obligations prior to cancellation and believes that it does not have any outstanding 

commitments or contingencies that will require future resources to liquidate.

NOTE 9: INTRAGOVERNMENTAL COSTS AND EXCHANGE REVENUE

The classification of revenue or cost as “intragovernmental” or “other than 

intragovernmental” is determined on a transaction by transaction basis. Preceding 

transactions in the lifecycle of a product will not have an impact on subsequent 

transactions. If the FLRA purchases goods or services from another Federal entity, 

capitalizes them into inventory, and later resells them to the public, the cost of the 

original purchase of resale assets from the other Federal entity will be classified as 

“intragovernmental” at the time of the purchase. At ultimate sale to the end user, the 

resulting cost of goods will be classified as “other than intragovernmental.” The purpose 

of this classification is to enable the Federal government to provide consolidated financial 

statements, and not to match public and intragovernmental revenue with costs that are 

incurred to produce public and intragovernmental revenue.

NOTE 10: APPORTIONMENT CATEGORIES OF OBLIGATIONS INCURRED

All obligations incurred are characterized as Category A, quarterly apportioned, on the 

Statement of Budgetary Resources. Obligations incurred and reported in the Statement of 

Budgetary Resources in fiscal years 2022 and 2021 consisted of the following:

NOTE 11: UNDELIVERED ORDERS AT THE END OF THE PERIOD

The amount of budgetary resources obligated for undelivered orders at the end of 

September 30, 2022 consisted of the following (In Dollars):

The amount of budgetary resources obligated for undelivered orders at the end of 

September 30, 2021 consisted of the following (In Dollars):
91

NOTE 12: EXPLANATION OF DIFFERENCES BETWEEN THE SBR AND THE 

BUDGET OF THE U.S. GOVERNMENT

SFFAS No. 7, Accounting for Revenue and Other Financing Sources and Concepts for 

Reconciling Budgetary and Financial Accounting, calls for explanation of material 

differences between amounts reported in the Statement of Budgetary Resources and the 

actual balances published in the Budget of the U.S. Government (the President’s Budget). 

The FY 2023 President’s Budget, with actual amounts for FY 2021, has been reconciled to 

the Statement of Budgetary Resources. The FY 2024 President’s Budget, with actual 

amounts for FY 2022, will not be published until February 2023.

NOTE 13: INCIDENTAL CUSTODIAL COLLECTIONS

Custodial collections are reflected in Fund Balance with Treasury during the year. While 

these collections are considered custodial, they are neither primary to the mission of the 

agency nor material to the overall financial statements. There were no custodial 

collections for the year ended September 30, 2022 and September 30, 2021. Custodial 

collections are transferred to the Treasury General Fund on September 30 and are not 

reflected in the financial statements of the Agency. 

NOTE 14: RECONCILIATION OF NET COST TO NET OUTLAYS

The reconciliation of net outlays, presented on a budgetary basis, and the net cost, 

presented on an accrual basis, provides an explanation of the relationship between 

budgetary and financial accounting information. 

Reconciliation of Net Cost to Net Outlays as of September 30, 2022:
92

Reconciliation of Net Cost to Net Outlays as of September 30, 2021:
93

REPORT OF INDEPENDENT AUDITORS
94
95
96
97
98
99

OTHER ACCOMPANYING INFORMATION

SUMMARY OF FINANCIAL STATEMENT AUDIT

Audit Opinion: Unqualified

Restatement: No

Beginning 

Balance New Resolved Consolidated

Ending 

Balance

Material weaknesses 0 0 0 0 0

SUMMARY OF MANAGEMENT ASSURANCES

Effectiveness of Internal Control over Financial Reporting (FMFIA § 2)

Statement of Assurance: Unqualified

Beginning 

Balance New Resolved Consolidated Reassessed

Ending 

Balance

Material weaknesses 0 0 0 0 0 0

Effectiveness of Internal Control over Operations (FMFIA § 2)

Statement of Assurance: Unqualified

Beginning 

Balance New Resolved Consolidated Reassessed

Ending 

Balance

Material weaknesses 0 0 0 0 0 0

Conformance with Financial Management System Requirements (FMFIA § 4)

Statement of Assurance: Systems conform

Beginning 

Balance New Resolved Consolidated Reassessed

Ending 

Balance

Non-conformances 0 0 0 0 0 0
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IMPROPER PAYMENTS ELIMINATION AND RECOVERY

The Improper Payments Information Act of 2002, as amended by the Improper Payments 

Elimination and Recovery Act of 2010 (IPERA), requires agencies to annually report 

information on improper payments. The FLRA has reviewed all of its programs and 

determined that none are susceptible to significant improper payment. The IPERA also 

requires agencies to conduct payment-recapture audits for each program that expends $1 

million or more annually, if conducting such audits would be cost-effective. Based on the 

criteria set forth in Appendix C of OMB Circular A-123, the agency has also determined 

that it would not be cost-effective to establish a recovery-audit program for its programs 

that expend more than $1 million. Recoveries are not expected to be greater than the 

costs incurred to identify any overpayments.

The Federal Labor Relations Authority did not have any significant improper payments to 

report for FY 2022. The FLRA’s overall outlays were over $10M, however, our commercial 

payment outlays were well below $10M. Accordingly, FLRA is not deemed a high priority 

program. Equally, no FLRA programs are likely to be susceptible to improper payments. 

The FLRA’s FY 22 Improper Payments Risk Assessment determined that the FLRA has a 

low risk of improper payments. Data could not be uploaded to the 

https://www.paymentaccuracy.gov/ website this fiscal year.
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INSPECTOR GENERAL MEMORANDUM ON TOP MANAGEMENT 

CHALLENGES
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U.S. FEDERAL LABOR RELATIONS AUTHORITY

1400 K Street, N.W.

Washington, DC 20424

FLRA.gov