s conducted.

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 175 175
ure 6.8: The number of participants involved in training, outreach, and facilitation
activities.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 5,000 5,000

GOAL 7: MODERNIZE AGENCY INFORMATION TECHNOLOGY
BUSINESS SYSTEMS TO SUPPORT AND ENHANCE
PROGRAM ACHIEVEMENT.

In FY 2009, the FLRA began designing new case management system (CMS) and electronic
case filing (e-filing) solutions. The CMS was implemented in each component in September
2010. An e-filing application was also developed in FY 2010 to allow customers to file their
case forms electronically beginning with FY 2011. In FY 2011, the FLRA will begin integrating
its new CMS and e-filing systems, producing an end-to-end, electronic case processing solution.
In FY 2012, the agency will develop and implement a pilot program for processing cases end-to-
end. While the FLRA’s goal of improving agency program efficiency by leveraging technology
remains the same, the associated FY 2011 performance measures have been refined to serve as
better indicators of success.

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

Results

FY 2007 N/A
FY 2008 N/A
Began developing the capability to accept electronic case filings over the

LAN internet.

FY 2010 Completed development of an electronic case filing application.
Targets

FY 2011 To implement the system and to begin accepting electronic case filings.

FY 2012 25% of all cases.

17



GOAL 2: PROVIDE TIMELY REVIEW AND DISPOSITION OF
REPRESENTATION CASES.

The Statute sets out a specific procedure for employees to petition to be represented by a labor
union and to determine which employees will be included in a “bargaining unit” that a union
represents. Implementing this procedure, the FLRA conducts secret-ballot elections for union
representation and resolves a variety of issues related to questions of union representation of
employees. These issues include, for example, whether particular employees are managers or
“confidential” employees excluded from union representation, whether there has been election
misconduct on the part of agencies or unions, and whether changes in union and agency
organizations affect existing bargaining units. Representation cases are initiated by the filing of
a petition by an individual, labor organization, or agency with a Regional Office. After a petition
is filed, the Regional Director conducts an investigation to determine the appropriateness of a
unit or other matter related to the petition. After concluding such investigation, the Regional
Director may issue a Decision and Order determining the appropriate unit, directing an election
dismissing the petition, or making other disposition of the matter. The Regional Director’s
Decision and Order is final unless an application for review is filed with the Authority.

Cases pending, start of year 123 160 156 140 104 102 84
Petitions filed 276} __297| __289] __275| __278 281 281
Total caseload 399 457 445 415 382 383 365
Petitions withdrawn 99 136 132 142 113 129 128
Cases closed based on merits 140 165 173 169 167 170 169
Total cases closed 239 301 305 311 280 299 297
Cases pending, end of year 160 156 140 104 102 84 68
Cases pending, start of year 1 1 4 3 5 5 3
Applications for review 12 13 14 17 14 12 12
Total caseload 13 14 18 20 19 17 15
Cases closed procedurally 1 0 1 1 s 0 0
Cases closed based on merits ll 10 14 14 13 14 13
Total cases closed 12 10 15 15 14 14 13
Cases pending, end of year 1 4 3 5 5 3 2

11



CHANGE FROM FY 2010

The agency made extensive efforts to reallocate existing resources in FY 2009 and FY 2010 to
fill program needs, yet increasing caseloads will require additional resources to meet the demand
in FY 2012. The FLRA’s request for an additional $1,674,000 in FY 2012 reflects the following.

Personnel Compensation and Benefits

The FLRA requests an additional $170,000 in FY 2012 to fund two entry-level field agent
positions in the Office of the General Counsel (OGC) to keep pace with the growing number of
unfair labor practice (ULP) charges filed with the agency. The OGC has experienced a 23
percent increase in ULP filings since FY 2008. This is attributable, at least in part, to the
absence of a General Counsel and Deputy General Counsel for a 17-month period between
March 2008 and August 2009, a period when no authority was in place to issue complaints.
Representation case intake was not affected by the absence of a General Counsel and Deputy,
and has thus remained fairly constant since FY 2005.

The OGC anticipates that the increase in ULP filings will continue, albeit at a slower rate of five
percent annually in both FY 2011 and FY 2012. Implementation of labor-management forums in
Federal agencies pursuant to Executive Order 13522 can be expected to lead to more efficient
and productive interaction between management and labor, which may result in more informal
resolutions of collective bargaining disputes. Furthermore, the many management changes that
will inevitably result from President Obama’s recently announced plan to reorganize the Federal
government will be accompanied by an increased incidence of bargaining obligations, which
normally results in parties filing more ULP charges.

Unfair Labor Practice Charges

7,000
6,500

6,000 o>
5,500 —_ X
5,000 Ti

4,500 NSF all
4,000 al
3,500
3,000
1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 ‘est et

——— ULP |5,752|5,688|5,641/6,165|5,716)5,126|4,551/4,038/4,799| 4,687|3,572/3,954|4,398 | 4,618/4,849

21



U.S. Federal Labor Relations Authority

AUTHORITY
‘CHAIRMAN AND
CHIEF
EXECUTIVE
OFFICER
FOREIGN
SERVICE FORTIN ROSHAN OFFICE OF THE AUTHORITY
LABOR SERVICE SERVICE INSPECTOR eT MEMBERS GENERAL
RELATIONS IMPASSE IMPASSES penance : COUNSEL
BOARD DISPUTES PANEL PANEL (2)
CHIEF couNseLs
REGIONAL
(ONE TO EACH
MENGE) ornces
& STAFF ”
[ I T I I l
‘COLLABORATION
AND
OFFICE OF THE OFFICE OF THE CHIEF COUNSEL
EMPLOYMENT OFrice of mH ALTERNATIVE
este tarts EXECUTE ADMINISTRATIVE PRICE OF T TOTME a
PROGRAM LAW JUDGES CHAIRMAN RESOLUTION
PROGRAM
INEORWATION CASE INTAKE
ADMINISTRATIVE BUDGET AND HUMAN
‘Services NANCE RESOURCES eSources es
DIVISION, DIVISION DIVISION
DIVISION DMSION
The Authority

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

advice and consent of the Senate. The Members are appointed for five-year, staggered terms and
one Member is designated by the President to serve as Chairman. The Authority is empowered

to: resolve disputes over the negotiability of proposals made in collective bargaining; decide
whether conduct alleged in a complaint constitutes an unfair labor practice (ULP); resolve

exceptions to grievance arbitration awards; and review the decisions of Regional Directors in
disputes over union elections and unit determinations.

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

involving alleged ULPs, as well as decisions involving applications for attorney fees filed
pursuant to the Back Pay Act or the Equal Access to Justice Act. The Office of the

Administrative Law Judges also provides settlement opportunities in all ULP cases. Decisions of

the ALJs may be appealed to the Authority.

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

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



U.S. FEDERAL LABOR RELATIONS AUTHORITY
1400 K Street, N.W.
Washington, DC 20424
www.flra.gov


2d electronically end-to-end.

Results
FY 2007 N/A
FY 2008 N/A
FY 2009 N/A
FY 2010 Developed e-filing forms for use by FLRA customers.
Targets
FY 2011 To integrate the existing e-filing and case management systems.
FY 2012 me oe and implement a pilot program for end-to-end electronic case

GOAL 8: DEVELOP, MANAGE, AND UTILIZE THE FLRA’S HUMAN
CAPITAL TO MEET PROGRAM NEEDS.

The agency relies on its employees, supervisors, and managers to develop and implement policies
and operational processes to achieve its strategic goals. In FY 2010, the FLRA developed and
implemented a Human Capital Strategic Plan. Consistent with that plan, and in order to ensure
their continued success, the agency strategically recruits and develops its employees to make sure
it has the right people with the right skills in the right jobs. The FLRA expects, beginning in FY
2011, a long-anticipated and sure-to-arrive wave of retirements. As of January 31, 2011,
approximately 25 percent of the FLRA’s employees are eligible for retirement. This highlights the
agency’s need to engage in succession planning, as well as employee and leadership development.
In addition, ensuring that employees have access to training necessary for job performance as well
as advancement into management and executive positions is vital for the FLRA to continue to
satisfy its mission and performance goals.

18



While there was no Panel for eight months in FY 2009, the FSIP staff nevertheless continued to
receive requests for assistance, investigate cases, and write recommendations on whether the
Panel should decline or assert jurisdiction in anticipation of the new Members’ arrival. When the
new Panel Members convened for the first time in November 2009, the staff was able to present
an unusually high number of recommendations in cases that were awaiting their arrival, resulting
in the immediate resolution of a large number of cases in early FY 2010. The expected return to
normalcy in FY 2011 will inevitably result in an increase in case processing times and the
number of cases pending at the end of the year. An additional FTE will assist the FSIP in
preventing its case backlog from growing any further in FY 2012, while continuing to meet its
annual performance goals. Moreover, adequate staffing in FY 2012 will improve the morale of
existing staff who are proud of what they do and want to continue providing the high level of
service that taxpayers deserve.

Beginning in FY 2009, the FLRA — consistent with the need to use scarce resources wisely
coupled with an increase in case filings — reallocated resources to increase staffing in certain
offices. Through these restructuring efforts, the agency was able to adequately staff the
Authority to ensure that appropriate resources were available to address its case backlog. As
vacancies began to arise in FY 2010, the agency embarked on a more comprehensive
restructuring effort to reallocate remaining staff resources to the OGC, which handles the vast
majority of agency case filings, and its management support offices. In late FY 2010, the FLRA
made a number of strategic hiring decisions based on current workload needs and performance
trends, rather than simply continuing to backfill vacancies on a one-for-one basis. The new
employees hired in accordance with this internal restructuring effort did not begin to arrive at the
agency until early FY 2011.

The FLRA also identified a need to bring in-house certain human resources (HR) and
information technology services that had previously been provided by contract. Among other
things, the FLRA realized that on-site, full-time HR employees were necessary to enhance the
agency’s rebuilding efforts and to facilitate employees’ access to HR advice and assistance,
thereby improving employee satisfaction. Beginning with FY 2011, all HR services will be
provided entirely by FLRA employees. Furthermore, the agency’s case management system
(CMS) was supported solely by contract until FY 2010. The FLRA has determined that
transitioning responsibility for the system to a Federal employee will be to the benefit of both the
taxpayer and the FLRA mission. An additional $563,000 and nine FTEs — the foundation of the
FLRA’s multi-year rebuilding plan — will be necessary in FY 2012 in order to sustain the
agency’s projected increase in staffing over the next two years and to continue meeting its annual
performance targets.

24



BUDGET JUSTIFICATION

FY 2012 APPROPRIATIONS LANGUAGE

Federal Funds
SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant
to Reorganization Plan No. 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and representation expenses (not to
exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere,
[$26,000,000] $26,440,000: Provided, That public members of the Federal Service Impasses
Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the government service, and compensation
as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be available without further
appropriation for the costs of carrying out these conferences.

APPROPRIATION REQUEST

The FLRA requests $26,440,000 in FY 2012 to fund employee salaries and related expenses
necessary to meet its annual performance targets. The requested FY 2012 appropriation would
fund 140 full-time equivalents (FTEs). The requested funding and FTE levels for FY 2012
reflect increases of $1,674,000 and twelve FTEs, respectively, over the FY 2010 actual spending
level.

(In thousands of dollars)

Annualized Change
FY 2010 FY 2011 FY 2012 from

Program Activity Actual CR Level Request FY 2010
Authority $14,183 $13,845 $15,108 $925
Office of the General Counsel 9,806 10,226 10,426 620
Federal Service Impasses Panel 777 802 906 129
Total $24,766 $24,873 $26,440 $1,674
FTEs 128 133 140 12

20



To date, all of the assumptions upon which the initial FY 2011 performance goals were based
remain valid except for the anticipated increase in staffing, which appears unlikely.

Accordingly, the FSIP has revised its FY 2011 performance goals by increasing the number of
days required to process requests for assistance under all three categories of case disposition.
The efficacy of the revised goals was tested by: (1) compiling baseline data regarding actual case
processing times for all cases filed during FY 2010 and FY 2011 that were closed under the three
categories of case disposition; and (2) using this data, determining what the outcomes would
have been if the revised FY 2011 performance goals had been in effect. The analysis confirmed
that the revised FY 2011 performance goals are justified on the basis of the performance
previously achieved with three full-time attorneys, and are challenging yet realistically
attainable.

asure 5.1: The per ge of bargaining impasse cases in which jurisdiction is declined
closed within 140 days of the date filed.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 90% 90%

The percentage of bargaining impasse cases voluntarily settled after jurisdiction
ed within 160 days of the date filed.

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 80% 80%
Measure 5.3: The percentage of bargaining impasse cases resolved through a final action
closed within 200 days of the date filed.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 80% 80%

GOAL 6: USE COLLABORATION TECHNIQUES AND ALTERNATIVE
DISPUTE RESOLUTION SERVICES TO MINIMIZE AND/OR
RESOLVE LABOR-MANAGEMENT DISPUTES.

The FLRA has integrated ADR and consensus decision-making into virtually all of its processes.
ADR is an informal process that allows parties to discuss and develop their interests in order to
resolve the underlying issues and problems in their relationship. This includes interest-based
conflict resolution and intervention services in pending ULP cases, representation cases,
negotiability appeals, and impasse bargaining disputes. The agency also provides facilitation,
training, and education to help labor and management develop collaborative relationships. In FY
2012, many of the FLRA’s training programs will also be available as web-based training
modules, bringing educational tools and resources directly to the agency’s customers to further

15



Timeliness

Improvements in the quality and timeliness of case dispositions further the FLRA’s critical role in
facilitating orderly, efficient and effective change within the Federal government. The agency's
mission has a direct bearing on how well and quickly any improvements in government operations
can be effectuated because such changes inevitably impact employee working conditions and
implicate bargaining rights. Unless management and labor can timely reach agreements or, failing
that, have their disagreements resolved expeditiously, the mission accomplishment in that agency
likely will suffer. This is particularly relevant now as Federal agencies are making significant
adjustments and changes in how they perform their missions.

Moreover, the core purpose of the Federal Labor-Management Relations Statute (the Statute) is to
promote collective bargaining as a means of fostering improved employee performance and
government operations. The failure of the agency to process cases in a timely manner adversely
impacts the accomplishment of this purpose. Consistent with the need to improve quality and
timeliness, the Authority has successfully adhered to a Corrective Action Plan (CAP) developed in
FY 2009 to eliminate its case backlog by FY 2012. To date, the Authority has reduced both its
overall inventory and its inventory of overage cases by 50 percent.

Alternative Dispute Resolution

The FLRA established the Collaboration and Alternative Dispute Resolution Office (CADRO) to
place greater emphasis on the use of alternative dispute resolution (ADR) and consensus decision-
making in resolving workplace disputes. These efforts have been integrated into all of the FLRA’s
case processes. The CADRO provides overall coordination and support for the agency’s labor-
management cooperation and ADR efforts. The program assists agencies and unions in improving
their labor-management relationships and in resolving disputes.

Information Technology

The agency makes extensive use of automated IT systems in meeting its timeliness goals. ;
Recent IT advancements include adopting a “Cloud First” philosophy and migrating the FLRA’s
onsite Oracle-based case management system (CMS) to the QuickBase-hosted CMS currently in
use. Migrating away from Oracle will result in a significant savings to the agency by reducing
licensing fees and by not requiring access to an Oracle Database Administrator. The agency also
makes continual improvements to the FLRA website to provide more useful tools and resources
to the public. New features include posting of Authority decisions within 24 hours, improved
research capabilities of Authority decisions, manuals, and guidance, and announcement of
training and educational opportunities for the parties. The FLRA is also leveraging technology
including the internet and telephone as a means to conduct representation elections that employ
remote access voting.

With respect to cybersecurity, actions are currently underway to fully implement a mandatory set
of processes and system controls to make certain the confidentiality, integrity, and availability of
system-related information and information resources, as well as to ensure the security of agency
records. The FLRA Information Resources Management Division (IRMD) will begin a formal

7



EMPLOYMENT SUMMARY SCHEDULE

Annualized
FY 2010 FY 2011 FY 2012
Actual CR Level Request

Direct civilian full-time equivalent employment

INSPECTOR GENERAL RESOURCES

The Office of the Inspector General (OIG) provides independent and objective assessments of
the FLRA’s efficiency, effectiveness, and compliance with laws and regulations. This is
accomplished through proactive evaluations of agency operational processes. In addition to
striving to prevent and detect fraud, waste, and abuse of the FLRA’s resources and operations, a
key goal of the Inspector General (IG) is to serve as a catalyst for improving operations and
maximizing the efficiency and integrity of agency programs.

In fulfilling these responsibilities and objectives, the IG conducts and supervises investigations,
internal reviews, audits, and evaluations of the programs and operations of the agency. The IG
communicates the results of investigations and assessments to FLRA management, the Congress,
other oversight entities, and the public as appropriate. Generally, results are communicated in
formal reports and contain findings and recommendations aimed at correcting any deficiencies
identified and promoting efficiency and effectiveness in agency programs and operations. The
IG also manages a hotline to provide employees and the public with a direct means for
communicating information on potential fraud, waste, or abuse.

The FLRA’s FY 2012 appropriation request includes $404,000 for the OIG. The funding level
requested by the IG, including $5,000 for training and $1,000 to support the Council of the
Inspectors General on Integrity and Efficiency, has been funded in total. The IG has certified
that the FLRA’s funding request for the OIG satisfies all training requirements for FY 2012.

30



technology and existing IT personnel skill-sets. It was determined that meeting the TIC
requirements by procuring the security capability through an approved NetworX Managed
Trusted Internet Service Provider was in the best interests of the agency. An additional $108,000

will be necessary in FY 2012, therefore, to implement these necessary security measures and to
ensure compliance with the TIC.

27



assistance, does not result in a voluntary agreement, either party or the parties jointly may
request the FSIP’s assistance. Following a preliminary investigation by its staff, the Panel may
determine to assert jurisdiction over the request. If jurisdiction is asserted, the FSIP has the
authority to recommend and/or direct the use of various ADR procedures. These include
informal conferences, additional mediation, fact-finding, written submissions, and mediation-
arbitration by Panel Members, the Panel’s staff, or private arbitrators. If the parties still are
unable to reach a voluntary settlement, the FSIP may take whatever action it deems necessary to
resolve the dispute, including imposition of contract terms through a final action. The merits of
the FSIP’s decision may not be appealed to any court.

AGENCY TRENDS AND CHALLENGES

Over 60 percent of eligible Federal employees are represented by a labor organization. As a
result, work place change in the Federal government frequently includes collective bargaining or
a representation proceeding. Indeed, the vast majority of ULP charges and representation
petitions are filed in connection with a management-initiated change. Defense Secretary Gates,
for example, recently announced his intention to implement changes affecting conditions of
employment as part of a previously-announced plan to cut defense spending. These changes
may require collective bargaining, and thus could lead to an increase in the need for FLRA
services. The Defense Department is also engaged in Round III of its Joint Base initiative, a
process that has to date generated many representation case filings as bargaining units are shifted
around during the consolidation of bases among the various services and in different locations.
This process will continue to generate representation cases, and collective-bargaining may be
necessary to implement the consolidations.

In addition, President Obama’s recently announced call for the reorganization of Federal
agencies — described as the most aggressive reorganization of the Federal government in at least
half a century — will undoubtedly involve changes in the way Federal agencies deliver services
and include consolidating operations, moving offices, implementing new technologies, and other
changes that have to be resolved expeditiously to ensure that high-quality services can continue
to be provided to the American public. The FLRA’s services will be critical in facilitating
orderly, efficient and effective change within the Federal government. Several legislative
changes having potentially significant impacts on the FLRA are also on the horizon. For
example, legislation providing the FLRA with jurisdiction over collective bargaining activities
involving public safety employees in states and territories, which has been under active
consideration, would greatly increase the number and complexity of cases and other activities.

Among the external initiatives that will be important in FY 2012 is training and education for
labor and management representatives and others, including arbitrators. Indeed, requests for
training are received daily in all the FLRA’s components, and this demand is expected to
continue if not increase. Having the capacity to provide training on rights and responsibilities
under the Statute as well as other matters, such as ADR, reduces the number and complexity of
labor-management disputes submitted to the FLRA and otherwise enhances government
performance. Similarly, making more information more easily available to the public in an
increasingly electronic world remains an initiative.



decision issues. The Authority may also seek enforcement of its orders, temporary relief or
restraining orders in the appropriate U.S. court of appeals or district court.

The Office of the General Counsel

Appointed for a five-year term by the President with the advice and consent of the Senate, the
General Counsel has responsibility for investigating ULP charges and for filing and prosecuting
ULP complaints. Pursuant to the Statute, the General Counsel has direct authority over, and
responsibility for, all employees in the Office of the General Counsel (OGC), including those in
the regions. The Regional Offices, on behalf of the General Counsel, investigate alleged ULPs,
file and prosecute ULP complaints, and provide training and alternative dispute resolution
(ADR) services. In addition, through delegation by the Authority, the Regional Offices process
and determine representation matters.

The General Counsel has a management staff in FLRA Headquarters, located in Washington,
DC, and the seven Regional Offices. Headquarters management staff provides administrative
oversight and develops policies, guidance, procedures, and manuals that provide programmatic
direction for the OGC’s seven regions and training and education for the parties. Each Regional
Office has a Regional Director who provides leadership and management expertise for the
respective region.

Atlanta Regional

Office
Boston Regional =

Office A S

Chicago Regional
Office

Dallas Regional
Office

Denver Regional e@
Office a
%

San Francisco

Regional Office
Washington DC
Regional Office

The Federal Service Impasses Panel

The Federal Service Impasses Panel (FSIP or the Panel) resolves impasses between Federal
agencies and unions representing Federal employees arising from negotiations over conditions of
employment under the Statute and the Federal Employees Flexible and Compressed Work
Schedules Act. The Chairman and six other Members of the Panel are appointed by the
President for five-year terms. If bargaining between the parties, followed by mediation

3



assist them in resolving labor-management disputes. This is a new performance goal for FY
2011, encompassing all three FLRA components.

Measure 6.1: Percentage of ULP cases in the OGC in which an offer of ADR services is
accepted by the parties that are partially or totally resolved.

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 55% 55%
Percentage of ULP cases in the OALJ in which an offer of Settlement Judge

s accepted by the parti

Results Targets

FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 70% 70%

es that are partially or totally resolved.

Percentage of representation cases in the OGC in which an offer of ADR

pted by the parties that are partially or totally resolved.

Results Targets

FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 50% 50%

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

by the parties that are partially or totally resolved.

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 50% 50%
Measure ere of negotiability s in which an offer of ADR services is accepted
by the parties that are partially or totally resolved.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 80% 80%

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

accepted by the parties that are partially or totally resolved.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012

N/A N/A N/A N/A 30% 30%

16



ANNUAL PERFORMANCE PLAN

STRATEGIC AND PERFORMANCE PLANNING FRAMEWORK

The FLRA opened FY 2010 with its first collaborative strategic planning effort in nearly ten
years. This effort built upon the agency’s work in FY 2009 addressing mission needs through
effective management and planning. The FLRA’s performance planning framework is based on
the FY 2010-2015 Strategic Plan, and is supported by the Annual Performance Plan. The
FLRA’s FY 2012 Performance Plan reflects the agency’s commitment to establishing measures
that will enable it to assess performance outcomes, align resources, and effectively identify
staffing and training needs for future years. To accomplish its mission, the FLRA has
established the following four strategic goals.

FLRA Strategic Goals

1. Achieve superior customer service.

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

3, Advance performance through organizational and management excellence.

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

The agency seeks to achieve its strategic goals primarily through the timely review and
disposition of cases. The FLRA supports these efforts by focusing on improvements in
information technology (IT) and more effective and efficient use of its human capital. In this
regard, staffing levels are reviewed on an on-going basis to ensure that the agency’s human
resources are strategically aligned to meet performance targets and all regulatory requirements.
Increasing capacity in the FLRA Human Resources Division, for example, has resulted in steady
progress in revising outdated agency policy, procedures, and instructions.

FY 2012 Performance Goals

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

2. Provide timely review and disposition of representation cases.

3. Provide timely review and disposition of arbitration cases.

4. Provide timely review and disposition of negotiability cases.

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

6. Use collaboration techniques and alternative dispute resolution services to minimize and/or
resolve labor-management disputes.

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

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



Representation Petitions
550

500 \~
450 <7
400

350 ST
300

——aaeaeSeeEeeee

250

200

2011 | 2012
(Est.) | (Est.)

——REP| 473 | 504 | 435 | 376 | 338 | 309 | 347 | 285 | 276 | 297 | 289 | 275 | 278 | 281 | 281

1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010

Assuming a five percent annual increase in ULP filings and the three-year average in
representation petitions, the OGC anticipates receiving 5,130 new cases (4,849 ULP and 281
representation) in FY 2012. If held to its FY 2010 FTE level, the 50 FTEs that the OGC
currently devotes to the case processing function will be responsible for over 100 new cases
each. This is an untenable ratio, based on prior experience, which will inevitably result in longer
case processing times. An analysis of employee productivity has shown that the ratio of annual
case intake, including both ULP and representation cases, to the number of FTEs devoted to the
case processing function is the most reliable predictor of performance. Performance data dating
back to FY 2003 clearly demonstrates that case processing times increase when the number of
cases per FTE increases. Conversely, the lower the ratio the faster cases are closed.

The pace at which the FLRA resolves ULP and representation cases directly affects the pace of
government change. In this regard, the Federal Service Labor Management Relations Statute
(the Statute) generally obligates management to maintain the status quo during negotiations and
during the pendency of a representation proceeding. Furthermore, the quality of case
dispositions and the extent to which field agents are able to take full advantage of dispute
resolution opportunities also directly impacts the quality, effectiveness, and efficiency of
government change. Two additional FTEs in FY 2012, therefore, would allow the OGC to not
only show incremental improvements in performance, but also to improve case processing times
and continue to provide the dispute resolution and prevention services that the office has
provided the parties for over 30 years.

In addition, the FLRA requests $40,000 to rebuild the former management structure in the OGC
Regional Offices. Each region was once managed by a Regional Director (RD) and a Regional
Attorney (RA) or Deputy Regional Director (DRD). Four of the seven RA/DRD positions have
since been lost through natural attrition. These positions are critical both for providing first-line
supervision of agents investigating and processing ULP and representation cases, and for
managing the litigation of ULP cases in each region. In the four Regional Offices that have been
working without a RA/DRD, the RD has had to perform those functions, as well as managing the

22



Thirty-two years — promoting and protecting labor-
management relations for effective, efficient government.

U.S. FEDERAL LABOR RELATIONS AUTHORITY
CONGRESSIONAL BUDGET JUSTIFICATION

WWW.FLRA.GOV



prosecuted by the General Counsel. Decisions of the ALJs are transmitted to the Authority, and
may be affirmed, modified, or reversed in whole or in part. If no exceptions are filed, a decision
by the ALJ is adopted by the Authority.

Cases pending, start of year
Charges filed
Total caseload

Charges withdrawn/settled
Charges dismissed
Complaints issued
Total cases closed

Cases pending, end of year

OALJ

Cases pending, start of year
Complaints issued by GC
Total caseload

Settlements before hearing
Settlements during hearing
Cases closed by decision
Total cases closed

Cases pending, end of year

Authority

Cases pending, start of year
Exceptions filed
Total caseload

Cases closed procedurally
Cases closed based on merits
Total cases closed

Cases pending, end of year

2006 | 2007 2009
1,164| 1,705] 2,300] 1,237] 1,587} 1,811] 2,046
4,799| 4.687] 3,572| 3,954] 4.398] 4.618] 4,849
5,963 | 6,392) 5,872] 5,191| 5,985| 6,429| 6,895
2,979 | 2,920 2,648] 2,455] 3,141] 3,298] 3,463
1,008| 1,038) 1,941] 1,075} 751 789 828
271| _134|__46| __74| __ 282 296 3
4,258| 4,092| 4,635| 3,604| 4,174| 4,383| 4,602
1,705 | 2,300| 1,237) 1,587) 1,811] 2,046] 2,293
2007 | 2008
1s} 32] 25 0; 67 54 45
271} 134} __ 46] __ 74] __ 282 296 3
289| 166) 71 74| 349 350 356
216| 114) 59 7| 275
2 0 0 0 0
39|__ 27) __ 12 0} 20
257/  141| 71 7} 295
32; 25 0| 67] 54
2006 | 2007 2009 | 2010
19} 24] 36] 32] 14 14 7
38] __ 25 u 1 18 18 18
57; 49| 47) 33] 32 32 25
25 13 9 0 9 1 i
8 0 6|__19 9 14 10
33; 13) 15) 19] 18 25 21
24) 36/ 32) 14] 14 7 4



continuous monitoring program, continue development and enforcement of agency information
assurance policy, and make certain that all security issues and threats are mitigated on an
continuing basis. To ensure compliance with Federal Information Security Management Act
requirements, the IRMD established an on-going program for information security management
in late FY2009. Part of this effort was the successful certification and accreditation of the FLRA
general support system. Furthermore, the FLRA will continue its efforts to ensure compliance
with agency policies, processes, and procedures concerning the appropriate handling and
safeguarding of documentation by providing staff with clear instruction on handling all types of
records.

Human Capital

In FY 2010, the FLRA focused its attention on improving all aspects of employee worklife,
including: providing workplace flexibilities; empowering career managers with decision and
budget authority; instituting regular presidential and career management meetings; establishing
collaborative workgroups to address workplace issues; and increasing internal communication
between and among employees at all levels. Consistent with Executive Order 13522, the FLRA
and the Union of Authority Employees have established a Labor-Management Forum. The Forum
is built on the principles of teamwork, mutual respect, cooperation, and trust, and is designed to
enhance mission performance and to improve the labor-management relations climate and the
quality of agency employees’ worklife. In November 2010, the Forum began work to further
improve and sustain employee morale and job satisfaction, to address all issues involving
succession planning, and to have the FLRA prepared to respond to internal and external workforce
changes.

The FLRA analyzes the Office of Personnel Management’s Human Capital Survey results each
year to maintain agency strengths, to take steps to improve areas where there are relative
weaknesses, and to evaluate employee satisfaction levels. The agency is currently analyzing data
from the 2010 survey to determine potential areas of improvement. The FLRA also contracts
with the Department of Health and Human Services to provide basic occupational health and
wellness services, as well as access to an employee assistance program (EAP) for employees
throughout the country. The EAP assists the agency in addressing productivity issues by
providing both prevention and intervention for employee problems.

GOAL 1: PROVIDE TIMELY REVIEW AND DISPOSITION OF UNFAIR
LABOR PRACTICE CASES.

The General Counsel has responsibility for the investigation, settlement, and prosecution of
unfair labor practice (ULP) charges. All ULP proceedings originate with the filing of a charge in
a Regional Office by an employee, labor organization, or agency. Once a charge has been filed,
Regional Office staff will investigate the charge to determine if it has merit. If the Regional
Director determines that the charge has merit, he or she will, absent settlement, issue and
prosecute a complaint before an Administrative Law Judge (ALJ). If the Regional Director
determines that the charge lacks merit, the charging party is entitled to a written explanation, and
if not satisfied, may appeal the decision to the General Counsel in Washington, DC. If the
dismissal is upheld, the case is closed. The Authority has appointed ALJs to hear ULP cases

8



OBJECT CLASSIFICATION SCHEDULE

(In Thousands of dollars)

Annualized

Direct obligations:
Personnel compensation:
Full-time permanent
Other than full-time permanent
Other personnel compensation
Total personnel compensation
Civilian personnel benefits
Benefits for former personnel
Travel and transportation of persons
Transportation of things
Rental payments to GSA
Rental payments to others
Communications, utilities, and misc. charges
Printing and reproduction
Advisory and assistance services
Other services from non-Federal sources
Other goods and services from Federal sources
Operation and maintenance of facilities
Operation and maintenance of equipment
Supplies and materials
Equipment
Direct obligations
Reimbursable obligations:
Personnel compensation:
Full-time permanent
Total personnel compensation
Travel and transportation of persons
Reimbursable obligations
Total new obligations

FY 2010 FY 2011 FY 2012
Actual CR Level Request
$13,678 $14,425 $15,106
1,019 885 859
314 0 286
15,011 15,310 16,251
3,610 3,822 4,058
2 10 0
231 242 318
20 15 15
2,542 2,642 2,790
25 21 23
393 501 501
73 60 60
96 105 110
1,257 621 848
1,050 831 905
4 4 4
123 233 233
148 131 131
120 225 193
24,705 24,773 26,440
9 0 0
9 0 0
52 100 0
61 100 0
$24,766 $24,873 $26,440

29



PROGRAM AND FINANCING SCHEDULE

(In thousands of dollars)

Annualized
FY 2010 FY 2011 FY 2012

Actual CR Level Request

Obligations by program activity:

Authority $14,183 $13,845 $15,108
Office of the General Counsel 9,806 10,226 10,426
Federal Service Impasses Panel 777 802 906
Total new obligations 24,766 24,873 26,440
Budgetary resources:
Budget authority:
Appropriations, discretionary:
Appropriation 24,773 24,773 26,440
Spending authority from offsetting collections
(gross) 61 100 0
Total budgetary resources available 24,834 24,873 26,440

Change in obligated balance:
Obligated balance, start of year (net):

Unpaid obligations, brought forward (gross) 3,676 3,514 3,514
Obligations incurred, unexpired accounts 24,766 24,873 26,440
Outlays (gross) (25,024) (24,873) (26,440)
Adjustments in expired accounts 96 0 0
Obligated balance, end of year (net):
Unpaid obligations, end of year (gross) 3,514 3,514 3,514
Budget authority and outlays, net:
Discretionary:
Budget authority, gross 24,834 24,873 26,440
Outlays, gross:
Outlays from new discretionary authority 21,714 21,640 23,003
Outlays from discretionary balances 3,310 3,233 3,437
Outlays, gross (total) 25,024 24,873 26,440
Budget authority, net (total) 24,773 24,773 26,440
Outlays, net (total) $24,971 $24,773 $26,440

28



Further, the FLRA will continue its deep involvement in implementing President Obama’s
Executive Order on “Creating Labor-Management Forums to Improve Delivery of Government
Services.” In fact, the FLRA was identified as a critical resource for both labor and management
in the Order. Serving as this critical resource, the agency is providing, and will continue to
provide, training, materials, and facilitation to parties that establish labor-management forums,
including training on establishing forums given by the OGC in cooperation with the Federal
Mediation and Conciliation Service, and assistance from the FLRA’s Collaboration and
Alternative Dispute Resolution Office (CADRO) in the development of forum charters. These
efforts are consistent with the FLRA’s initiatives to reduce litigation and its related costs
throughout the government by assisting parties to resolve their disputes through collaboration
and other ADR techniques.

The FLRA is currently playing a significant role in supporting agencies and unions that are
participating in the pilot projects set forth in section 4 of the Order. Among other things, the
FLRA offers a two-day program to pilot participants that focuses on providing guidance and
training on bargaining over section 7106(b)(1) matters — the substantive legal issues and
standards — as well as interest-based bargaining techniques and consensus decision-making. In
addition, the CADRO is providing facilitation services to assist the pilots in the development of
their charters. It is envisioned that the CADRO will be available to facilitate pilot meetings and
negotiations as the groups move forward.

The FLRA was recently honored to receive the award as “Most Improved Small Agency in
2010” from the Partnership for Public Service. Nevertheless, in overall small-agency rankings,
the FLRA moved only from 34 (last) to 20". Moreover, although the FLRA ranked among the
top four small agencies in several survey categories, including overall leadership, the survey
revealed that significant work remains to be done in such areas as employee training and
development. Ensuring that employees have access to training necessary for job performance as
well as advancement into management and executive positions is vital for the agency to continue
to improve employee satisfaction and accomplish its mission and performance objectives.

Moving forward, the FLRA will continue to take steps necessary to restore confidence in the
agency’s leadership, its management, and staff to accomplish its important mission of providing
guidance in resolving labor-management disputes in the Federal sector. The FLRA’s growth in
staffing over the past year — increasing from 114 full-time equivalents (FTEs) in FY 2009 to 128
in FY 2010 —is significant yet small in comparison to the 212 FTEs that performed the mission a
decade ago. A renewed and revitalized FLRA depends on not only funding but also creativity in
using existing resources as well as vigorous dedication to improving program performance,
agency management, and employee morale and satisfaction.



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

achieve results.

FY 2007

N/A

FY 2008

N/A

FY 2009

N/A

FY 2010

Increased staffing levels in each program area; improved employee worklife
balance through implementation of a robust telework program and
videoconferencing, which reduces travel costs and time away from family;
implemented an employee leadership developmental initiative in the OGC;
and implemented a Student Temporary Employment Program. Also began
human capital e-initiatives to: (1) improve hiring through the purchase of
USA Staffing (an automated hiring system), which engages the hiring
manager in all aspects of the hiring process, reduces time-to-hire metrics, and
improves applicants’ Federal hiring experience; and (2) gain greater
efficiencies in records management through the purchase of eOPF, an
electronic version of the paper Official Personnel Folder (OPF), providing
web-enabled access for employees and human resources (HR) staff to view
personnel and performance documents.

Targets

FY 2011

Consistent with the Human Capital Strategic Plan, to conduct an agency-wide
training needs assessment and create individual development plans to address
areas needing skills improvement and to further increase mission-critical
competencies; to implement a new performance management system for
Senior Executive Service (SES) and non-SES employees; to develop an
affirmative action plan and diversity outreach program; to continue human
capital e-initiatives; and to initiate brown-bag programs to inform employees
of relevant HR initiatives.

FY 2012

To enhance development offerings to include competency-based training,
career-ladder developmental programs, and continuation of HR workshops
and brown-bags; and to implement the affirmative action plan and diversity
outreach program.

19



Full-Time Equivalents
250

200

150

100

50

FYOO FYO1 FYO2 FYO3 FYO4 FYOS FYO6 FYO7 FYO8 FYO9 FY10 FY11 FY12

The FLRA’s appropriation request also assumes that the on-going, government-wide transition to
the Federal Employees Retirement System (FERS) will cost the agency an additional $429,000
by FY 2012. FLRA benefit costs, as a percentage of employee salaries, continue to rise
gradually as the percentage of the agency’s workforce under the FERS increases. As those in the
Civil Service Retirement System (CSRS) retire or transfer to other agencies, they are generally
replaced by those under the FERS. FERS employees cost the agency, on average, twice as much
in benefits as CSRS employees. In addition, the agency contribution for FERS employees has
grown by 0.5 percent, based on longer life expectancies.

Travel

An additional $35,000 is requested in FY 2012 to ensure that agency travel requirements, in
terms of being responsive to the needs of the parties, are met. The General Counsel recently
authorized the Regional Offices to resume on-site investigations, training, facilitation, and
alternative dispute resolution (ADR) activities. This was in conjunction with the FLRA’s public
pledge and commitment that it was back in business and ready to enforce the Statute and to
provide dispute resolution and training services for the parties.

The additional funding will also allow the OGC to conduct a skills training conference for its
attorneys and field agents in FY 2012. Similar to other law enforcement agencies, the OGC has
periodically conducted nationwide skills training conferences for its professionals on all aspects
of ULP and representation casework from investigation through litigation and hearing. Skills
training is a key to the office’s successful development of an experienced and talented cadre of
attorneys and agents, as well as ensuring the continued development and application of high-
quality investigative, litigation, and dispute resolution skills by its staff. In addition, such
training is essential to the development of the agency’s future leaders. It has been over eleven
years since the agency has provided OGC-wide skills training for professional staff. During this
time, there has been high turnover among the OGC’s experienced staff and a significant influx of
new attorneys and agents. Any further delay in skills training will impede the FLRA’s ability to

25



U.S. FEDERAL LABOR RELATIONS AUTHORITY

BACKGROUND AND MISSION

The U.S. Federal Labor Relations Authority (FLRA) is the sole agency responsible for
establishing policies and guidance regarding the labor-management relations program for 1.6
million non-Postal, Federal employees worldwide, approximately 1.1 million of whom are
represented in 2,200 bargaining units. The FLRA was created by Title VII of the Civil Service
Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute
(the Statute). The agency’s real genesis, however, dates from the issuance of Executive Order
10988 by President Kennedy in 1962. Executive Order 10988 established the first government-
wide, labor-management relations program within the Federal government. In 1970, President
Nixon established the Federal Labor Relations Council by Executive Order 11491 to administer
the Federal labor-management relations program and to make final decisions on policy questions
and major disputes arising under the Order. Executive Order 11491, as amended, was the basis
for President Carter’s proposal to Congress to create a Federal Labor Relations Authority as an
independent agency.

The Statute protects the rights of Federal employees to form, join, or assist a labor organization
or to refrain from such activity freely and without fear of penalty or reprisal. These rights
include acting for a labor organization as a representative and, in that capacity, presenting the
views of the organization. Employees also have the right to engage in collective bargaining with
respect to conditions of employment through representatives chosen by the employees
themselves.

The mission of the FLRA is to promote stable, constructive labor-management relations in the
Federal government by resolving and assisting in the prevention of labor disputes in a manner
that gives full effect to the collective bargaining rights of employees, unions, and agencies.
Although the FLRA is a small agency, accomplishing its mission, including the timely, quality
resolution of disputes, is essential for program performance government-wide. Ifa labor-
management dispute in another agency remains unresolved for too long, the mission
accomplishment in that agency likely will suffer. In many ways, the FLRA provides grease for
the wheels of government. As such, its vitality is important beyond its size.

ORGANIZATIONAL STRUCTURE

The FLRA consists of the Authority, the Office of the General Counsel, and the Federal Service
Impasses Panel. The agency also provides full staff support to two other organizations, the
Foreign Service Impasse Disputes Panel and the Foreign Service Labor Relations Board.



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

withdrawal. election, or issuance of a Decision and Order within 120 days of the filing of a
petition.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A 60% 65% 60% 62%

This performance measure was established in FY 2009 to consolidate three previous measures.
The performance target for FY 2011 has been adjusted from 70 percent to 60 percent based upon
a number of factors. Most significantly, representation matters require significant technical
expertise and field experience, and are performed primarily by senior OGC field agents. As
such, performance in relation to this goal is particularly vulnerable to the adverse effects of
attrition. In FY 2011, the OGC expects a significant loss in senior staff due to attrition. Thus,
although there is a slight increase in FTE usage in FY 2011 over FY 2010, the new agents
accounting for this increase will be unable to resolve the complex representation matters as
expeditiously. Furthermore, in FY 2009, the Department of Defense began reorganizing,
implementing Joint Base initiatives. In FY 2011, representation petitions involving Joint Base
reorganizations, which tend to raise complex issues, have already been filed in four regions. It is
also expected that Executive Branch agencies will engage in significant reorganizations to
achieve greater efficiencies during FY 2011 and 2012, potentially increasing the number and
complexity of representation case filings during this period.

Results
FY 2007 FY 2008 FY 2009 FY 2010
N/A N/A N/A 100%

100%

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

GOAL 3: PROVIDE TIMELY REVIEW AND DISPOSITION OF
ARBITRATION CASES.

Either party to grievance arbitration may file with the Authority an exception (or appeal) to an
arbitrator’s award issued after the arbitration. The Authority will review an arbitrator’s award to
which an exception has been filed to determine if the award is deficient because it is contrary to
any law, rule, or regulation or on the grounds similar to those applied by Federal courts in
private-sector, labor-management relations.

12



ided within 180

petition con

Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A NIA 6% 17% 45% 50%

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

GOAL 5: PROVIDE TIMELY REVIEW AND DISPOSITION OF
BARGAINING IMPASSE CASES.

In carrying out the right to bargain collectively, it is not uncommon for a union representative
and a Federal agency to simply not agree on certain issues and for the bargaining to reach an
impasse. Several options are available by which the parties may attempt to resolve the impasse.
The parties may: decide on their own to use certain techniques to resolve the impasse —
proceeding to private binding arbitration may only occur after the Federal Service Impasses
Panel (FSIP or the Panel) approves the procedure; seek the services and assistance of the Federal
Mediation and Conciliation Service; or seek the assistance of the Panel in resolving the
negotiation impasse, only after the previous attempts have failed.

2011 | 2012

2006 | 2007 | 2008 | 2009 i Est.

Est.
Cases pending, start of year 45 34 23 22 69 36 63
Impasses filed 134 115 111 136 143 150 150
Total caseload 179 149 134 158 212 186 213
Cases closed 145 126 112 89 176 123 150
Cases pending, end of year 34 23 22 69 36 63 63

The FSIP’s initial FY 2011 performance goals were significantly different from previous years
because they concisely set forth timeliness targets for the Panel’s three most important categories
of case disposition. The initial FY 2011 goals were based on the following assumptions: (1) case
intake would be slightly higher than in FY 2010; (2) unlike previous years, individual Panel
Members would resolve a significant percentage of impasses through mediation-arbitration
rather than procedures requiring the participation of the full Panel; (3) FY 2011 would be the
first full year after the Panel successfully eliminated the backlog of cases that had built up during
FY 2009 when there were no Panel Members for what amounted to an eight-month period; and
(4) most importantly, the FSIP would have an additional, full-time attorney position in FY 2011
devoted to the investigation of requests for assistance and the support of individual Panel
Members assigned to handle cases over which jurisdiction is asserted, thereby increasing the
number of full-time attorneys from three to four.

14



TABLE OF CONTENTS

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

Background and Mission ..
Organizational Structure...
Agency Trends and Challenges

ANNUAL PERFORMANCE PLAN ..

Strategic and Performance Planning Framework
Goal 1: Provide Timely Review and Adjudication of Unfair Labor Practice Cases
Goal 2: Provide Timely Review and Adjudication of Representation Cases
Goal 3: Provide Timely Review and Adjudication of Arbitration Cases ..
Goal 4: Provide Timely Review and Adjudication of Negotiability Cases
Goal 5: Provide Timely Review and Adjudication of Bargaining Impasse Cases
Goal 6: Use Collaboration Techniques and Alternative Dispute Resolution to Minimize

and/or Resolve Labor Management Disputes ...........csccssssssseseesesseseseesessseeseassusseesesesneneeee 15
Goal 7: Modernize Agency Information Technology Business Systems to Support

and Enhance Program Achievement.....« 1, nusrananunsremmaimennnunacemnnanies 17
Goal 8: Develop, Manage, and Utilize the FLRA’s Human Capital to Meet Program

CS ee 18

BUDGET JUSTIFICATION. .....ccccsssssssesssssssssssscenesesessseeessssssessesseeeeneassesesenesees 20

FY 2012 Appropriations Language
Appropriation Request
Change from FY 2010
Program and Financing Schedule
Object Classification Schedule
Employment Summary Schedule.
Inspector General Resources....



office and deciding cases on behalf of the General Counsel. A second manager will free the RD
to perform his or her critical managerial and decision-making functions, and will also provide a
much-needed mentor and guide for the agents in the field as they investigate and litigate cases.

The FLRA also requests an additional $83,000 in FY 2012 to fund one entry-level attorney
position in the Federal Service Impasses Panel (FSIP or the Panel) and to keep pace with current
trends in Federal sector impasses. Since FY 2008, there has been a near 30 percent increase in
the number of requests for assistance from the FSIP. The FSIP is projecting an additional five
percent increase in FY 2011 before leveling out in FY 2012. In addition, the Panel is likely to
see complex impasses involving some of the Federal sector’s largest agencies and bargaining
units in FY 2011, including: the Social Security Administration and the American Federation of
Government Employees; and the Department of Veterans Affairs and the American Federation
of Government Employees, to name just two. Such requests are extremely labor intensive, both
to investigate and resolve on the merits. Additionally, the number of multiple-issue requests,
primarily those involving impasses over successor collective bargaining agreements, will
continue to increase proportionally with caseload.

Bargaining Impasses
240

220

200 [TM

180 [ he

: SS

120 ig Via
ee

100

2011 | 2012
(Est.) | (Est.)

——IMP| 175 | 169 | 167 | 215 | 212 | 190 | 154 | 146 | 134 | 115 | 111 | 136 | 143 | 150 | 150

1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010

Delay in resolving impasses frequently costs taxpayers money. For example, every year the
leases of many Federal offices expire, and it is not unusual for the parties to reach bargaining
impasse when these offices relocate. If the FSIP is unable to provide prompt resolution, then the
Federal government may be forced to pay rent at two locations, costing taxpayers thousands of
dollars. The FSIP also has jurisdiction over agency determinations that existing alternative work
schedules are causing reductions in productivity, diminishment in the level of services furnished
to the public, and/or unnecessary increases in cost. In some cases, management at military
installations contends that such schedules are adversely affecting the war efforts in Iraq and
Afghanistan. The law requires the Panel to resolve such impasses in 60 days. Although the
FSIP has never missed its 60-day deadline, that record of accomplishment may not continue at its
current staffing level and in light of the projected increase in case filings.

23



UNITED STATES
FEDERAL LABOR RELATIONS AUTHORITY

Congressional Budget Justification
Fiscal Year 2012





provide efficient and effective case processing services to the parties and impair the agency’s
ability to develop and retain staff.

In order to successfully meet the agency’s ADR performance goals, the OGC is also planning to
conduct training and outreach activities at locations outside the seven Regional Office cities
where large groups of Federal agencies and employees are located. Besides being necessary to
meet the agency’s ADR goals, it is important for the Regional Directors to periodically visit the
principal cities in their regions as a way of demonstrating commitment to the parties and
maintaining the visibility and presence of the FLRA in the field. Accordingly, each region is
planning to conduct a total of four outreach sessions outside the Regional Office city in FY 2012,
one session each quarter. Moreover, ADR, to be effective and efficient, requires face-to-face
interaction. Since the OGC’s cases come from all geographical areas, it is not practical or proper
to limit an offer of ADR to cases in close proximity to the Regional Office.

Rent

An additional $246,000 has been included in FY 2012 to cover fixed rent and real estate tax
increases, over which the FLRA has very little control. The agency makes rental payments to the
General Services Administration for office space in Atlanta, Boston, Chicago, Dallas, Denver,
San Francisco, and Washington, DC. The FLRA also maintains a commercial, two-person
satellite office in Diamond Bar, CA. The existing Chicago and San Francisco leases will both
expire in FY 2011, while the Atlanta lease is due to expire in 2012. It is noted that factors
beyond the agency’s control may result in additional, unexpected costs that the FLRA would be
forced to absorb within its already stretched, baseline operating level. For example, the Chicago
lease, which expires in March, has already been placed in a two-month, administrative holdover
status at a premium cost.

The agency places an emphasis on telework, and it will seek to consolidate space wherever
possible in an effort to reduce operating costs. Since implementation of the telework program in
January 2010, more than 30 percent of the FLRA’s workforce has engaged in some form of
telework, with roughly half of teleworkers engaged “regularly” and the other half engaged
“periodically.” Telework has also contributed to increased employee morale, as measured in the
2010 Human Capital Survey. Feedback from staff indicates that, due to a lack of disruptions,
commuting time, and stress, participating employees believe that they are more productive and
that they have fewer unscheduled absences. Furthermore, the opportunity to telework has proven
useful as a recruitment tool, as it has been the deciding factor in job acceptance and has
encouraged several employees to stay with the agency.

Telecommunications

The FLRA anticipates higher telecommunication costs in FY2012 due to the General Service
Administration’s (GSA) migration from FTS2001 to NetworX. In mid FY 2010, the agency
began implementing the Federal government mandate requiring agencies to migrate their
FTS2001 contracts to the new NetworX contract vehicle and to ensure that specific security
capabilities are in place to protect agency information systems and data. A second mandate, the
Trusted Internet Connection (TIC), includes requirements which are expensive both in terms of

26



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

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

Results Targets

FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
63% 48% 71% 49% 55% 57%

The target for this performance measure for FY 2011 has been reduced from 75 percent to 55
percent. Actual FY 2010 performance was 49 percent, and to date in FY 2011, the OGC is
meeting its goal 52 percent of the time. The FLRA’s multi-year rebuilding plan and FY 2011
performance expectations were predicated in large part on increased staffing levels. OGC
performance expectations, as well as certain agency operations, have been adjusted in light of the
FLRA’s current funding and corresponding staffing levels. Accordingly, the OGC anticipates
being able to reach its 120-day goal in ULP case processing in 55 percent of its cases.

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

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

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
89% 19% 2% 31% 90%/100% 90%/100%

In FY 2011 and FY 2012, an additional target has been established to measure the percentage of
decisions on appeal issued within 120 days (100%).

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

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

Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A N/A N/A 90% 90%

This measure was established in FY 2011, as a consolidation of two previous 90-day measures
into one of 180 days.

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

Authority Member.
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A 5% 18% 50% 50%

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

10



2011 2012

Authority eae 2007 | 2008 | 2009 cal Est. Est.

Cases pending, start of year 58 108] 216} 298| 247 173 101
Exceptions filed 136 162 126 157 134 132 132
Total caseload 194 270 342 455 381 305 233
Cases closed procedurally 13 18 12 43 31 24 24
Cases closed based on merits B 36 32 165 177 180 180
Total cases closed 86 54 44 208 208 204 204
Cases pending, end of year 108 216 298 247 173 101 29
Results Targets
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
N/A N/A 22% 30% 40% 50%

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

GOAL 4: PROVIDE TIMELY REVIEW AND DISPOSITION OF
NEGOTIABILITY CASES.

For certain types of cases, there is a procedure for resolving disputes over the negotiability of a
matter proposed to be bargained. 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.

2011 | 2012

Authority Pee 2007 | 2008 | 2009 | Est.

Est.
Cases pending, start of year 25 27: 43 51. 39 22 10
Claims filed 68 52 38 43 52 55 55
Total caseload 93 79 81 94 91 77 65
Cases closed procedurally 53 30 22 41 46 35 30
Cases closed based on merits 13 6 8 14 23 32 30
Total cases closed 66 36 30 55 69 67 60
Cases pending, end of year 27 43 51 39 22 10 5

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