TheFederallaborrelationsauthority

CONGRESSIONALbudgetsubmission

20

11

WWW.FLRA.GOV

Thirtyyears–promotingandprotectinglabormanagement

relationsforeffective,efficientgovernment.
Table of Contents

Appropriation Language .............................................................. 1

FY 2011 Budget Request Displays and Justification .............................. 2

Office of the Inspector General Budget ............................................. 5

Overview Statement ................................................................... 9

Highlights of FY 2009 Accomplishments ................................. 11

Highlights of FY 2010 Goals .................................................13

Fiscal Years 2009 and 2010 Performance Goals ........................... 15

FY 2011 Performance Goals and 

 Linkage of Budget to Performance Goals ..............................21

Government Performance and Results Act (GPRA) ..............................37

APPENDICES

A. Workload Statistics ........................................................ 38

B Legal Authorities ............................................................41

C. FLRA Performance Plan .................................................. 42
FY 2011 FLRA Congressional Budget Submission 1

FY 2011 BUDGET REQUEST

PROPOSED APPROPRIATION LANGUAGE

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

to Reorganization Plan Number 2 of 1978, and the Civil Service Reform Act of 1978, including 

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

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

$1,500), rental of conference rooms in the District of Columbia and elsewhere, [$24,773,000] 

$26,000,000: Provided That public members of the Federal Services 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 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.
FY 2011 FLRA Congressional Budget Submission 2

Federal Labor Relations Authority

Budget Object Classification of Obligations: FY 2009 - FY 2011

(Dollars in Thousands)

FY 2009

Actual*

FY 2010

Appropriation

FY 2011 

President's Budget

% total BA

(less 

Reimb)

Change

FY 2010

 to FY 2011

(in thousands) (in thousands) (in thousands)

(in 

thousands)

(in 

thousands)

11.0 Personnel compensation $ 13,181 $ 15,569 $ 16,739 64.38% 1,170 

12.0 Civilian personnel benefits $ 2,979 $ 3,765 $ 4,040 15.54% 275 

13.0 Benefits to former personnel $ 18 - $ - 0.00% -

21.0 Travel and transportation of persons $ 138 $ 223 $ 318 1.22% 95 

22.0 Transportation of things $ 22 0.08% 22 

23.1 Rental payments to GSA $ 2,400 $ 2,517 $ 2,406 9.25% (111)

23.3 Communications, utilities and misc. charges $ 330 $ 360 $ 191 0.73% (169)

24.0 Printing and reproduction $ 48 $ 86 $ 53 0.20% (33)

25.0 Other services $ 2,596 $ 1,936 $ 1,900 7.31% (36)

26.0 Supplies and materials $ 199 $ 253 $ 286 1.10% 33 

31.0 Equipment $ 704 $ 64 $ 45 0.17% (19)

32.0 Land & Structures $ - $ - $ - 0.00% 0 

42.0 Tort Claims $ - $ - $ - 0.00% 0 

 Subtotal, Direct Budget Authority $ 22,593 $ 24,773 $ 26,000 100% 1,227 

Reimbursables 136 100 100 0

Total Budget Authority 22,729 24,873 26,100 1,227

Notes Concerning Selected Detailed Budget Object Classification Lines: 

Object Class 22.0: The FY 2001 request reflects an adjustment in the method the FLRA plans to account for Fedex services. Previously,

the requirement was recorded in BOC 23.3.

Object Class 23.1: The GSA rental payment estimate is based on GSA's most current forecast that projects reduced requirements for 

space in FLRA Regional offices. 

Object Class 23.3: The decrease of $169K in this BOC corresponds with the decreased requirements for GSA leased space.

Object Class 25.0: The $36K decrease in Other Services reflects the agency's effort to achieve economies and efficiencies by centrally 

managing funding for professional development training at the headquarters level.

Object Class 31.0: The $19K decrease reflects implementation of a revised life cycle plan.

 Budget Object Classification of Obligations

Object Classes 11.0 and 12.0: The FY 2011 request represents an increase of $1.170M and an additional 5 FTE, including funds necessary 

to annualize the FY 2010 pay raise and cover the projected 1.4 percent FY 2011 pay increase. The personnel benefits estimate includes 

Transit Subsidy ($160.2K) and Workers' Compensation ($113.1K). Funding at the requested level allows the agency to make needed 

progress and improvements in four critical areas: 1) attacking the backlog of overage cases; 2) improving employee satisfaction and morale; 

3) encouraging the use of alternative dispute resolution and enhancing customer training, as well as facilitating outreach and facilitation 

efforts, and 4) addressing severe shortages of support staff.

Object Class 21.0: The FY 2011 request for travel funds is $95K more than the FY 2010 President's Budget request. This increase is 

required to continue the FLRA's efforts to improve labor-management relations, resolve disputes through alternative dispute resolution, and to 

perform outreach and training activities.

Object Class 13.0: The agency anticipates that, unlike FY 2010, unemployment compensation payments will not be necessary in FY 2011. 
FY 2011 FLRA Congressional Budget Submission 3

FY 2011 PERFORMANCE BUDGET SNAPSHOT

% BA

$ FTE $ FTE (less Reimb) $ FTE

14,318 67 14,792 69 56.89% 474 2

795 5 893 6 3.43% 98 1

9,660 69 10,315 71 39.67% 655 2

Total FLRA 24,773 141 26,000 146 100% 1,227 5

FLRA- OGC

Program

FLRA - AUTHORITY

FLRA - FSIP

Federal Labor Relations Authority

FY 2011 Budget by Program 

(in thousands of dollars)

FY 2010 Appropriation FY 2011 President's Budget Increase/Decrease

The Federal Labor Relations Authority’s (FLRA) FY 2011 budget request of $26,000,000 is $1,227,000 

(approximately 4.95%) above the FY 2010 enacted budget. The $26,000,000 request will support 146 

full-time equivalents (FTEs) to continue rebuilding agency infrastructure and staffing levels, and continue 

reducing the Authority’s case backlog. Personnel costs account for approximately 80 percent of the

FLRA’s total budget. Consequently, any shortfall in staffing costs directly affects the FLRA’s ability to 

fulfill its statutory mission through issuance of timely quality decisions to resolve disputes, in accordance 

with FLRA’s performance goals.

The FY 2011 budget request of $26,000,000 is based on the following assumptions:

 Case intake in the Authority and OGC will remain at projected FY 2010 levels.

 Case backlog will be addressed, and ultimately reduced, in accordance with the Corrective Action 

Plan (CAP) aligned with the FLRA strategic and performance goals. 

 FLRA statutory mission and jurisdiction will remain unchanged.

 Attrition at FLRA will be the same as in previous years. 

Federal Labor Relations Authority

FY 2011 Summary of Reimbursable Resources

(Dollars in Thousands)

FY 2009 

Actual

FY 2010 

Appropriation

FY 2011 

President's 

Budget Increase/Decrease

 --- --- ---

Total Budgetary Resources --- 136 --- --- 100 --- --- 100 --- --- ---

Explanation of Increase/Decrease: 

Offsetting collections are for reimbursable travel expenses recouped from other Federal Agencies for whom 

FLRA employees conduct training. Most commonly, training is provided on: (1) case law and procedures 

concerning unfair labor practice (ULP) cases and representation cases (REP) filed under the Federal Service 

Labor-Management Relations Statute; and (2) mediation, interest-based problem solving, conflict resolution and 

facilitation. In FY 2009, FLRA Administrative Law Judges performed one-time work for other agencies as 

structured interview panelists and conducted hearings on their behalf.
FY 2011 FLRA Congressional Budget Submission 4

FEDERAL LABOR RELATIONS AUTHORITY

FY 2011 BUDGET AUTHORITY & STAFFING BY ACTIVITY

FTE $000 FTE $000 FTE $000

OFFICE OF THE CHAIRMAN (POPE) 8 1,329 11 1,535 11 1,508

OFFICE OF THE MEMBER (BECK) 7 979 9 1,219 9 1,283

OFFICE OF THE MEMBER (DUBESTER) 3 448 9 1,166 9 1,264

OFFICE OF THE EXECUTIVE DIRECTOR 0 177 1 278 1 238

OFFICE OF POLICY & PERFORMANCE 

MGMT 1 328 1 199 1 361

CASE INTAKE & PUBLICATION 6 597 6 634 6 645

OFFICE OF THE INSPECTOR GEN. 2 340 2 337 2 385

OFFICE OF ADMIN. LAW JUDGES 6 1,021 5 917 5 930

OFFICE OF THE SOLICITOR 5 774 5 777 5 789

HUMAN RESOURCES 1 461 3 638 3 656

BUDGET & FINANCE DIVISION 3 1,063 5 1,326 5 1,363

INFO. RESOURCES MGMT. DIV. 3 1,169 5 1,403 5 1,323

ADMINISTRATIVE SVCS. DIV. 4 4,434 3 3,630 4 3,603

COLLABORATION AND ALTERNATIVE 

DISPUTE RESOLUTION OFFICE 0 0 2 259 3 444

TOTAL AUTHORITY 49 13,120 67 14,318 69 14,792

FED. SERV. IMPASSES PANEL 3 547 5 795 6 893

TOTAL FSIP 3 547 5 795 6 893

OFFICE OF GENERAL COUNSEL 3 557 8 1,042 10 1,574

ATLANTA REGIONAL OFFICE 8 1,093 8 981 8 978

BOSTON REGIONAL OFFICE 7 949 7 960 7 963

CHICAGO REGIONAL OFFICE 11 1,578 11 1,597 11 1,597

DALLAS REGIONAL OFFICE 8 1,121 8 1,124 8 1,129

DENVER REGIONAL OFFICE 7 1,029 7 1,042 7 1,036

SAN FRAN. REGIONAL OFFICE 11 1,799 12 1,928 12 1,937

WASH. REGIONAL OFFICE 7 800 8 986 8 1,101

TOTAL OGC 61 8,926 69 9,660 71 10,315

DIRECT BUDGET AUTHORITY 114 22,593 141 24,773 146 26,000

REIMBURSABLES - 136 - 100 - 100

TOTAL, BUDGET AUTHORITY 114 22,729 141 24,873 146 26,100

FLRA ACTIVITY FY 2009

 Actual

FY 2010

 Appropriation

FY 2011 

President’s Budget
FY 2011 FLRA Congressional Budget Submission 5

 FY 2011 FLRA OFFICE of the INSPECTOR GENERAL (OIG) BUDGET

Category

OIG FY 2009

Actual

OIG FY 2010 

Appropriation

OIG FY 2011

President's 

Budget1 

% Change 

FY2010 to

 FY 2011

BOC 11/12 - IG Salary and Benefits2

178,582 160,317 198,760 23.98%

BOC 11/12 - Admin. Asst. Salary and Benefits 67,881 74,088 75,219 1.53%

BOC 21 - Travel 698 1,500 2,500 66.67%

BOC 25 - Financial Statement Audit Contract 46,300 47,743 49,232 3.12%

BOC 25 - FISMA Audit Contract 43,294 48,082 54,692 13.75%

BOC 25 - IG Training 1,553 2,500 2,500 0.00%

BOC 25 - Administrative Assistant Training 1,000 1,000 1,000 0.00%

BOC 26 - Supplies3

500 500 0.00%

Subtotal 339,308 335,731 384,403 14.50%

BOC 25 - .24% of OIG Budget for Inspector

General Council of Integrity and

Efficiency (Mandatory Contribution) 825 806 923 14.50%

Total 340,133 336,536 385,326 14.50%

1The FLRA Office of the Inspector General requested $385,326 in its original request to FLRA for FY 2011, the 

same amount reflected in this budget request.

2

 Reduction in IG salary projection reflects hire lag due to IG retirement in FY 2010.

3

 For FY 2009, OIG supply requirements reflected in the Administrative Services Division budget.

FLRA Inspector General Francine Eichler's Comments on Proposed FY 2011 Budget:

"I approve the Inspector General's 2011 budget."

Note: The above IG statement was received prior to the retirement of the IG in January 2010.
FY 2011 FLRA Congressional Budget Submission 6

Federal Labor Relations Authority

FY 2011 Staffing Summary

Full-Time Equivalent (FTE) by Grade

(Actual Dollars)

FY 2009 FY 2010 FY 2011 FY 2010 to FY 2011

 Actual Appropriation President's Budget Change

Grades and Salary Ranges FTE FTE FTE Total

Total, EX 2 4 4 ---

Executive level I ---

Executive level II ---

Executive level III ---

Executive level IV 1 1 1 ---

Executive level V 1 3 3 ---

 ---

Total, SES 8 12 12 ---

 ---

SL 1 --- --- ---

 ---

Total, AL 4 4 3 (1)

AL-1 ---

AL-2 1 1 1 ---

AL-3 3 3 2 (1)

 ---

Total, GS 99 121 127 133

GS-15 15 18 18 ---

GS-14 46 49 56 7

GS-13 7 10 11 1

GS-12 6 10 7 (3)

GS-11 11 17 19 2

GS-10 2 2 --- (2)

GS-9 7 8 8 ---

GS-8 2 4 4 ---

GS-7 3 3 3 ---

GS-6 1 1

GS-5 ---

GS-4 ---

GS-3 ---

GS-2 ---

Other Graded Positions ---

Ungraded Positions ---

Full-Time Equivalent Usage 114 141 146 5

Total Permanent Employment* 117 147 152 5

Average Salary - FLRA 115,622 110,413 114,651 4,238

Average ES Level Range Range Range

Average ES Salary $ 156,506 $ 159,145 $ 165,623 6,478

Average EX Level 5 5 5 ---

Average EX Salary $ 145,925 $ 147,594 $ 149,706 2,112

Average SL Level $ --- $ --- $ --- ---

Average SL Salary $ 161,404 $ --- $ --- ---

Average AL level 3 0 0 ---

Average AL Salary $ 162,900 $ 164,700 $ 167,036 2,336

Average GS Grade 13 13 14 1

Average GS Salary $105,395 $102,777 $107,021 4,244

*There are seven Federal Service Impasses Panel employees who work intermittently and account for approximately one FTE.
FY 2011 FLRA Congressional Budget Submission 7

Justification for the FY 2011 President’s Budget Request

The FLRA’s request for $26,000,000 for FY 2011, which will fund an FTE level of 146, will 

permit the agency to make needed progress/improvements in four important areas. 

 First, the requested level will permit the Authority to continue to attack the backlog of 

overage cases, consistent with the FLRA’s 2009 Corrective Action Plan (CAP). Building 

upon the strategic re-alignment and hiring of staff devoted to case processing in FYs 

2009 and 2010, the agency’s request will permit the hiring of four additional attorneys 

(one in the Federal Service Impasses Panel (FSIP), one in the Authority’s Collaboration 

and Alternative Dispute Resolution Office (CADRO), and two in the Office of the 

General Counsel (OGC)). 

 Second, the requested level is necessary to accomplish the objectives of Goal 7 to permit 

the FLRA to make improvements in employee satisfaction and morale, a matter of 

particular concern to the FLRA in light of it having placed last among all Government 

agencies in the last two Federal Human Capital surveys conducted by the Office of 

Personnel Management (OPM). In this regard, the FLRA will develop and implement a 

learning management system and work collaboratively with the Union of Authority 

Employees (UAE) to modernize human capital policies and address work life balance 

issues is necessary. Including the learning management system, $231,500 is requested 

for training FLRA employees -- new and existing -- in skills development; this amount is 

necessary because this area of human capital management has been neglected for so 

many years.

 Third, the requested level will enable the OGC and Authority to maintain as well as hire 

necessary staff to fully accomplish the objectives set forth in Goal 8: to encourage use of 

Alternative Dispute Resolution (ADR) and to increase training, outreach, and facilitation 

efforts. Accomplishing these objectives is essential to assist parties throughout the 

Government to minimize and resolve labor-management disputes as well as to improve 

overall labor-management relations to accomplish Government operations more 

effectively and efficiently. The OGC intends to formally integrate mediation and ADR 

into all aspects of case processing. The FLRA will also continue its efforts to 

successfully execute the “Creating Labor-Management Forums to Improve Delivery of 

Government Services” Executive Order. Staff must be developed and trained to fully 

provide the services contemplated under Goal 8. In addition to the Authority, OGC and 

the FSIP partnering -- drawing on the expertise and experience of members of the FSIP 

and other agency leadership and career staff -- to provide necessary staff skills-building 

training, the agency must expend training funds to expand its ADR capacity. 

Also necessary to fulfill Goal 8 as well as the case processing goals is $318,349 in travel 

money to permit the FLRA to investigate and litigate cases, and deliver necessary ADR, 

education and other services to employees and agencies at locations throughout the 

world. While improved technology will be useful in accomplishing the goal with regard 

to training, some ADR and outreach activities are most successful in a face-to-face 

environment.
FY 2011 FLRA Congressional Budget Submission 8

 Fourth, the FLRA has, to date, prudently focused its hiring on increasing attorneys in the 

Authority and the OGC. As a result, “central services,” which are essential to basic 

agency functioning, have suffered. The requested level would permit the hiring of a 

Senior Administrative Support Specialist in the Administrative Services Division. 

Justification for Representation Funds

The FLRA is requesting the authority to use funding in the amount of $1,500 to support an 

official representation fund, the sole purpose of which is to establish and maintain the reputation 

and status of the FLRA and the United States. The official representation fund will be used for 

expenses properly incurred relating to official representation functions. This refers to a function 

held in this country and attended by domestic or foreign officials, the primary purpose of which 

is to explain or interpret the programs of the FLRA or a responsibility of the FLRA. The official 

representation fund will be controlled by the Office of the Chairman. Expenses for such official 

functions can be charged to this fund only upon advance approval or authorization of the 

Chairman or a designated official consistent with established policy.

The authorization for official representation is necessary because the Comptroller General 

prohibits the use of appropriated funds, without statutory authority, for the purpose of food, 

beverages and other entertainment expenses. As the FLRA has established relationships with a 

number of foreign embassies and dignitaries and regularly is called upon to provide briefings and 

information on the FLRA, our structure and our statutory responsibilities, the FLRA needs a 

corresponding fund to cover expenses related to those activities.
FY 2011 FLRA Congressional Budget Submission 9

An Overview of the Federal Labor Relations Authority 

The FLRA is an independent administrative Federal agency and is the sole agency with the

expertise and responsibility to establish policies and guidance relating to 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).1 The Statute defines and provides mechanisms for enforcement 

of the rights of Federal employees, labor organizations, and agencies. In addition, the Statute 

provides for facilitation, training, and outreach activities designed to enhance the ability of 

Federal agencies and unions representing Federal employees to manage their workplace disputes 

so as to increase and reflect the public interest demand for the highest standards of employee 

performance and the efficient accomplishment of the operations of the Government.2

All proceedings before the FLRA originate from filings by Federal employees, Federal agencies, 

or Federal labor organizations. The FLRA mission is to carry out five (5) primary statutory 

responsibilities as efficiently as possible and in a manner that gives full effect to the rights 

afforded under the Statute. These responsibilities include:

1. determining the appropriateness of units for labor organization representation;

2. investigating charges of, as well as prosecuting and resolving complaints of, 

unfair labor practices;

3. adjudicating exceptions to arbitrators’ awards;

4. adjudicating legal issues relating to the duty to bargain (i.e., negotiability); and

5. resolving impasses during negotiations.

The FLRA conducts its case processing activities through three components: the Authority 

(which encompasses the three Member offices including the case-processing functions of the 

Office of the Chairman); the Office of the General Counsel (which includes seven regional 

offices); and the Federal Service Impasses Panel. Presidential appointees head all three 

components.3The three-Member Authority appoints Administrative Law Judges (ALJs) to hear 

and prepare decisions in cases involving alleged unfair labor practices, as well as decisions 

involving applications for attorney fees filed pursuant to the Back Pay Act or the Equal Access to 

Justice Act. The FLRA also provides full staff support to two other organizations - - the Foreign 

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

4

 

1

Public Law 95-454, 5 U.S.C. § 7101 et seq.

2

See generally 5 U.S.C. § 7101(a)(2).

3 The Authority Members are full-time Presidential appointees, subject to Senate confirmation, and serve five-year 

terms. The General Counsel, also a full-time Presidential appointee confirmed by the Senate, serves a five-year term 

at the pleasure of the President. The Panel Members are part-time, appointed by the President (without Senate 

confirmation), and also serve at the pleasure of the President.

4 Created by the Foreign Service Act of 1980, the FSIDP is a five-member board, chaired by the FLRA Chairman 

that resolves bargaining impasses between Federal agencies and Foreign Service personnel. Under the same Act, 

the three-member FSLRB administers the labor-management relations program for covered Foreign Service 

employees.
FY 2011 FLRA Congressional Budget Submission 10

Each FLRA component exercises statutorily independent responsibilities, either prosecutorial or 

adjudicative. The FLRA’s annual congressional appropriation is a single line item. The 

immediate staffs of Authority Members, the General Counsel of the Authority, and the Federal 

Service Impasses Panel are under the general, day-to-day, supervision of their respective 

Members or component head. The Authority, General Counsel, and FSIP maintain their 

respective headquarters offices at a common site in Washington, DC. The Office of the General 

Counsel also maintains a network of seven regional offices and one satellite office in the 

following locations: Atlanta, GA; Boston, MA; Chicago, IL; Dallas, TX; Denver, CO; San 

Francisco, CA (with one two-person satellite office located in Diamond Bar, CA); and 

Washington, DC.

Although the FLRA components have distinct roles with respect to various legal proceedings, the 

Statute requires the President to designate one Authority Member to serve also as the FLRA 

Chairman, i.e., the Agency Head. The FLRA Chairman is statutorily responsible for agencywide administrative functions such as purchasing; staffing, performance, and training; budgeting 

and finance; information technology; leasing of office space; and agency-wide performance 

management. 

The FLRA’s organization is reflected in the following chart: 

FOREIGN

SERVICE

LABOR

RELATIONS

BOARD

FOREIGN

SERVICE

IMPASSE

DISPUTES PANEL

AUTHORITY

MEMBERS

(2)

FEDERAL

SERVICE

IMPASSES

PANEL

GENERAL

COUNSEL

CHAIRMAN’S

CHIEF COUNSEL

CHIEF COUNSELS

(ONE TO EACH

MEMBER)

COLLABORATION

AND

ALTERNATIVE

DISPUTE

RESOLUTION

REGIONAL

OFFICES

(7)

OFFICE OF THE

EXECUTIVE

DIRECTOR

OFFICE OF THE

SOLICITOR

OFFICE OF THE

ADMINISTRATIVE

LAW JUDGES

OFFICE OF

POLICY AND

PERFORMANCE

MANAGEMENT

OFFICE OF THE

INSPECTOR

GENERAL

OFFICE OF THE

DIRECTOR OF

EEO COMPLAINTS

CASE INTAKE

AND

PUBLICATION

HUMAN

RESOURCES

DIVISION ADMINISTRATIVE

SERVICES

DIVISION

INFORMATION

RESOURCES

MANAGEMENT

DIVISION

BUDGET AND

FINANCE

DIVISION

FEDERAL LABOR RELATIONS AUTHORITY

CHAIRMAN
FY 2011 FLRA Congressional Budget Submission 11

Highlights of FY 2009 Accomplishments

In fiscal year FY 2009, the FLRA began a multi-year effort to rebuild the agency’s capacity to 

fulfill its mission and accomplish its performance goals. Evidence of the progress made toward 

this rebuilding effort includes: a dramatic increase in numbers of decisions issued; filling key 

vacancies in program and support positions; and participation in training and outreach activities. 

Employees interviewed for the agency’s new on-line newsletter “FLRA in Session” repeatedly 

remarked on positive effects of the new leadership and the increased energy evident throughout 

the agency. Most significant, employee responses to the FLRA’s internal 2009 Annual 

Employee Satisfaction Survey were overwhelmingly positive, and represented a significant 

increase in employee satisfaction from that reported in the Office of Personnel Management’s 

2008 Federal Human Capital Survey – where the FLRA ranked last among Federal agencies for 

the second time in a row. The striking increase in certain positive responses – ranging from 50 

to 99 percent -- reflect the fact that the FLRA took substantial steps in FY 2009 to address the 

serious Human Capital and employee morale issues that had developed over many years at the 

FLRA.

However, it is important to note that, despite the efforts highlighted below, to fill key vacancies, 

the FLRA was not able to fully fund the target of 124 FTE, completing the year with 114 FTE. 

This is because, for nearly all of FY 2009, key positions, including Presidential appointees and 

accompanying senior career staff positions, remained unfilled. 

The FLRA’s FY 2009 Annual Performance Plan consists of 19 component specific performance 

goals under the single strategic goal of the agency’s FY 2004-2009 Strategic Plan, which is to 

resolve disputes impartially and promptly. The goals incorporate the objectives of: (1) the 

Office of Policy & Performance Management (OPPM); (2) the Authority and its Case Intake and 

Publication Office (CIP); (3) the Office of the General Counsel (OGC); (4) the Office of the 

Administrative Law Judges (OALJ); and (5) the Federal Service Impasses Panel (FSIP or Panel). 

These six performance goal categories are as follows:

1. Provide timely adjudication of cases through E-filing and case tracking.

2. Provide timely review and disposition of Unfair Labor Practice (ULP) cases.

3. Provide timely review and disposition of Representation (REP) cases.

4. Provide timely review and disposition of Arbitration (ARB) cases.

5. Provide timely review and disposition of Negotiability (NEG) cases.

6. Provide timely review and disposition of Bargaining Impasse cases.

For several reasons previously set forth in various documents, including the FLRA’s April 2009 

Corrective Action Plan (CAP) and the FY 2010 Congressional Budget Justification (CBJ), the 

FLRA’s FY 2009 performance goals were largely unattainable. As a result, the FLRA 

established percentage target performance levels for each of the FY 2009 goals, which were 

included in the FLRA’s FY 2010 CBJ and applied during the remainder of FY 2009. The target 

performance levels, which were developed with input from key staff and which are discussed in 

more detail below, were challenging, ambitious and outcome-oriented. 
FY 2011 FLRA Congressional Budget Submission 12

In addition, the FLRA embarked on a number of initiatives, including the following:

 Increasing attention to all aspects of employee work life, including: restoring decision 

and budget authority to career managers, instituting regular presidential and career 

management meetings, holding the first all employee town hall meeting in 30 years, 

reestablishing a collaborative relationship with Union of Authority Employees (UAE) 

and increasing internal communication between and among employees at all levels. 

 Establishing and implementing the CAP, which, in addition to reducing the backlog of 

overage cases and improving the timeliness of newly-filed cases, will have a positive 

impact on customer satisfaction and employee morale. 

 Increasing the number of attorneys staffing case resolution functions in the Member 

Offices and the OGC. In FY 2009, the Authority hired attorneys for Member staffs and 

in its Regional Offices and at HQ. 

 Filling key positions responsible for agency-wide support services, including Budget and 

Finance Director and the Chief Information Officer.

 Changing the organizational structure of the Member Offices, including the caseresolution part of the Chairman’s Office, so that attorneys are now assigned to individual 

Members. 

 Contacting parties in its oldest cases to determine whether a formal decision was still 

warranted or whether either withdrawal of a case and/or use of FLRA-provided 

alternative dispute resolution techniques were appropriate.

 Modifying the process for reviewing cases to reinstitute a “screening team” with the 

function to identify cases susceptible to expedited processing before those cases are 

formally assigned to the Chairman and Members for adjudication.

 Aggressively pursuing opportunities to provide training to customers and staff, which 

provides dividends not only in terms of labor-management disputes that are avoided 

altogether but also in terms of improved quality of the presentations by filers, which 

assists the components in more timely resolving disputes. 

 Increasing emphasis on FLRA-provided alternative dispute resolution services to assist 

parties in resolving disputes without the need for formal decision-making.

 Developing and implementing an agency telework policy to recognize the cost-reduction 

and productivity benefits of telework. 

 Establishing a Technology Council, comprised of representations from all components 

including the UAE, to review innovative work strategies and technology investments.
FY 2011 FLRA Congressional Budget Submission 13

Highlights of FY 2010 Goals 

In FY 2010, the FLRA will continue the effort to rebuild and revitalize the agency. In this 

regard, with the confirmations in August 2009 of General Counsel Julia Akins Clark and 

Member Ernest DuBester, and President Obama’s appointment on September 14, 2009, of the 

seven members of the Federal Service Impasses Panel, the FLRA now has the leadership 

necessary for sustained performance improvement and employee development. 

With regard to cases, the Authority will focus on reducing the backlog of overage cases, 

consistent with the CAP. The OGC will focus on resolving the bottleneck of ULP complaints 

and appeals that resulted from 17 months during which there was no GC or Deputy GC. 

Similarly, the FSIP will address the impasses that could not be resolved because there was no 

Panel in place. In addition, the FLRA will implement initiatives designed to leverage technology 

for internal and external customers, and effectively to launch a new human capital goal designed

to address morale and other issues that have plagued the FLRA in recent years.

FY 2010 initiatives include:

 Completion of a user-friendly case tracking/e-filing system.

 Collaborative development and implementation of a new Strategic Plan (replacing the

most recent Plan, which expired in 2009, and which was developed in 2004 without 

appropriate stakeholder input), and engage in performance management planning.

 Elimination of the bottleneck of ULP complaint and appeals that resulted from 17-

month absence of GC and Deputy GC.

 Review and revision of regulations governing arbitration cases, which comprise nearly 

65 percent of the Authority’s case intake.

 Development and implementation of training targeted at arbitrators and party advocates 

in arbitration.

 Development and implementation of web-based statutory training modules to expand 

delivery of services.

 Placing increased emphasis on effective interaction between the parties and Authority 

representatives during the “post-petition conferences” that take place following the 

filing of a negotiability petition so as to encourage modification of proposals/provisions 

to overcome negotiability objections.

 Serving as a critical resource for both labor and management in executing the “Creating 

Labor-Management Forums to Improve Delivery of Government Services” Executive 

Order, providing information, education and tools necessary for the successful 

execution of the Executive Order’s requirements and principles.
FY 2011 FLRA Congressional Budget Submission 14

 Establishment of collaborative workgroups designed to tackle employee morale issues.

 Increase employee development and training programs, including succession planning 

and supervisor training.

 Begin updating internal agency policies (with remaining policies to be updated in FY 

2011).

 Completing and implementing an Employee Satisfaction Action Plan.

 Completing the Inventory of Health and Wellness programs.

 We will comply with all OMB Circular A-11 requirements for Exhibit 53, Enterprise 

Architecture, and leverage our IT investments by mapping lines of business with 

performance and strategic goals.
FY 2011 FLRA Congressional Budget Submission 15

Fiscal Years 2009 and 2010 Performance Goals

FY 2009 Goal: Provide timely adjudication of cases through E-filing and case tracking.

Objective: Enhance customer ease of filing cases and tracking case status through web based case filing system

In 2009 the FLRA made substantial progress toward completion of this goal. A Chief Information Officer (CIO) was hired 

to manage this goal. The FLRA conducted and delivered a requirements analysis, identified a design solution, developed 

test plans and a project plan. In addition, the CIO will implement a new agency web site and launch telework by the end of 

FY2009. In support of the President’s transparency initiative, these investments have been published and can be tracked 

on OMB’s itspending.gov website. 

FY 2010 Goal: Provide timely adjudication of cases through E-filing and case tracking.

Objective: Enhance customer ease of filing cases and tracking case status through web based case-filing 

system.

In FY 2010, the agency will implement an easy-to-use case tracking/e-filing system. The agency will have Software as a 

Service (SaaS) framework for application development and be close to 100% server virtualization, lowering the total cost of 

ownership and allows the agency to have one baseline framework for all application development.

FY 2009 Goal: Provide timely adjudication of cases through E-filing and case tracking.

Objective: Enhance customer ease of filing cases and tracking case status through web based case filing system

In 2009 the FLRA made substantial progress toward completion of this goal. A Chief Information Officer (CIO) was hired 

to manage this goal. The FLRA conducted and delivered a requirements analysis, identified a design solution, developed 

test plans and a project plan. In addition, the CIO will implement a new agency web site and launch telework by the end of 

FY2009. In support of the President’s transparency initiative, these investments have been published and can be tracked 

on OMB’s itspending.gov website. 

FY 2010 Goal: Provide timely adjudication of cases through E-filing and case tracking.

Objective: Enhance customer ease of filing cases and tracking case status through web based case-filing 

system.

In FY 2010, the agency will implement an easy-to-use case tracking/e-filing system. The agency will have Software as a 

Service (SaaS) framework for application development and be close to 100% server virtualization, lowering the total cost of 

ownership and allows the agency to have one baseline framework for all application development.

Goal 1 - IT

Chief Information Officer

FY2009 / FY2010
FY 2011 FLRA Congressional Budget Submission 16

Goal 2 – ULP

Unfair Labor Practices

FY2009

PERFORMANCE F

The Authority

issued 1 ULP 

decision within 90 

days, reaching the 

goal in 6% of cases,

and issued 16 ULP 

decisions in cases 

older than 90 days.

PERFORMANCE E

Case Intake 

Processing (CIP)

exceeded target, 

assigning 100% of 

ULP cases to an 

Authority Member 

staff within 5 

working days. 

PERFORMANCE D

Due to absence of 

GC until August 

2009, the OALJs

held no hearings 

and issued no 

decisions in 

FY2009.

PERFORMANCE C

Due to absence of 

GC until August 

2009, the OALJs

held no hearings in 

FY2009.

PERFORMANCE B

The OGC issued 

4% of appeals 

decisions within 60 

days.

PERFORMANCE A

The Office of 

General Counsel

successfully met 

and exceeded this 

performance level 

resolving 74% of 

charges within 120 

days.

OUTCOME F

Within 90 days of 

assignment, a final 

ULP decision will be 

issued. (Target 

0%)

OUTCOME E

Upon completion of 

filing requirements, 

pursuant to FLRA 

regulation, all ULP 

cases will be 

assigned to an 

Authority Member 

staff with in 5 

working days or be 

otherwise disposed. 

(Target 75%)

OUTCOME D

Within 60 days of 

close of a hearing 

the Office of 

Administrative Law 

Judges (OALJs) will 

issue a decision. 

(Target 50%)

OUTCOME C

All ULP complaints 

will receive a 

hearing within 90 

days or be 

otherwise settled. 

(Target 90%)

OUTCOME B

Issue substantiated 

appeals within 60 

days of receipt of 

appeal of the 

Regional Director’s 

dismissal of charge. 

(Target 80%)

OUTCOME A

All ULP Charges 

will result in the 

issuance of 

complaint, 

withdrawal 

dismissal, or 

settlement of the 

charge within 120 

days from the date 

filed. (Target 70%)

FY 2009 Goal: Provide timely review and disposition of Unfair Labor Practice (ULP) cases.

Objective: Remedy all ULP cases in a timely manner.

Goal 2 – ULP

Unfair Labor Practices

FY2010

OUTCOME F

The Authority will 

decide 20% of ULP 

cases within 180 

days of assignment 

to an Authority 

Member staff.

OUTCOME E

Upon completion of 

all filing 

requirements 

pursuant to FLRA 

regulations, 100% 

of ULP cases will 

clear the screening 

team and be 

assigned to 

professional case 

production staff 

within 5 working 

days. 

OUTCOME D

OALJ will close 

records and issue a 

decision in 100% of 

cases within 90 

days of the hearing 

completion date.

OUTCOME C

OGC/OALJ will hold 

a hearing or 

otherwise settle 

100% of cases 

within 90 days of 

the issuance of 

complaint.

OUTCOME B

OGC will issue 80% 

of decisions on 

appeals within 60 

days of receipt of 

the appeal of the 

Regional Director’s 

dismissal of the 

charge.

OUTCOME A

OGC will resolve 

75% of ULP 

charges (issuance 

of a complaint) 

withdrawal, 

dismissal, or 

settlement of the 

charge) within 120 

days from the date 

filed.

FY 2010 Goal: Provide timely review and disposition of Unfair Labor Practice (ULP) cases.

Objective: Remedy all ULP cases in a timely manner.
FY 2011 FLRA Congressional Budget Submission 17

Goal 3 – REP

Representation Cases

FY2009

FY 2009 Goal: Provide timely review and disposition of Representation (REP) cases.

Objective: Remedy all REP cases in a timely manner.

PERFORMANCE E

The Authority 

exceeded its target 

performance level, 

meeting the goal in 

50% of the cases.

PERFORMANCE D

CIP met, assigning REP 

cases to an Authority 

Member staff within 2 

work days in 100% of 

cases.

PERFORMANCE C

The OGC did not 

meet its target 

performance issuing 

D&Os within 180 days 

in 10% of cases.

PERFORMANCE B

The OGC exceeded 

its target 

performance, 

conducting elections 

within 90 days in 63% 

of the cases.

PERFORMANCE A

OGC nearly met 

issuing D&Os or 

approving withdrawals 

of petitions in 60% of 

the cases within 90 

days.

OUTCOME E

Within 50 days of 

assignment of a REP 

case to an Authority 

Member staff, a 

decision whether to 

grant review will 

issue. (Target 15%)

OUTCOME D

Upon completion of filing 

requirements pursuant 

to FLRA regulations, all 

REP cases will be 

assigned to an Authority 

Member staff within 2 

work days or be 

otherwise disposed. 

(Target 100%)

OUTCOME C

Issue D&O in all Rep 

cases in 180 days, 

where a hearing is 

necessary. (Target 

25%)

OUTCOME B

Conduct election 

within 90 days from 

the date of filing of 

petition with the OGC, 

where no hearing is 

necessary. (Target 

55%)

OUTCOME A

Issue Decision & Order 

(D&O) or approve 

withdrawal of petition 

within 90 days of filing 

of petition with OGC, 

where no election or 

hearing is necessary. 

(Target 65%)

Goal 3 – REP

Representation Cases

FY2010

FY 2010 Goal: Provide timely review and disposition of Representation (REP) cases.

Objective: Remedy all REP cases in a timely manner.

OUTCOME C

Upon assignment to an Authority 

Member staff, a decision whether to 

grant review will issue by day 60 and a 

final decision will issue by day 90 in 

90% of REP cases.

OUTCOME B

Upon completion of all filing 

requirements pursuant to FLRA 

regulations, 100% of REP cases 

will be assigned to professional 

case production, or otherwise 

disposed of, within 2 work days.

OUTCOME A

OGC will resolve 70% of REP 

cases by withdrawal of petition, 

conducting of election, or 

issuance of a D&O within 120 

days of filing of the petition.
FY 2011 FLRA Congressional Budget Submission 18

Goal 4 – ARB

Arbitration Cases

FY2009/2010

FY 2009 Goal: Provide timely review and disposition of 

Arbitration (ARB) cases.

Objective: Remedy all ARB cases in a timely manner.

PERFORMANCE B

The Authority exceeded 

its target, issuing an 

ARB decision within 90 

days in 23% of cases. 

In addition, the 

Authority issued 110 

decisions in cases 

older than 90 days.

PERFORMANCE A

CIP nearly met, 

assigning ARB cases to 

an Authority Member 

staff within 5 working 

days in 69% of cases.

OUTCOME B

Within 90 days of 

assignment to an 

Authority Member staff, 

a final ARB decision 

will issue. (Target 15%)

OUTCOME A

Upon completion of 

filing requirements 

pursuant to FLRA 

regulations, all ARB 

cases will be assigned 

to an Authority Member 

staff within 5 work days 

or be otherwise 

disposed. (Target 75%)

OUTCOME B

20% of ARB cases will 

be decided within 180 

days of assignment to 

an Authority Member 

staff.

OUTCOME A

Upon completion of all 

filing requirements 

pursuant to FLRA 

regulations, 100% of 

ARB cases will clear the 

screening team and be 

assigned to professional 

case production staff, or 

otherwise resolved, 

within 5 work days.

FY 2010 Goal: Provide timely review and disposition of 

Arbitration (ARB) cases.

Objective: Remedy all ARB cases in a timely manner.

Goal 5 – NEG

Negotiability Cases

FY2009/2010

FY 2009 Goal: Provide timely review and disposition of 

Negotiability (NEG) cases.

Objective: Remedy all NEG cases in a timely manner.

PERFORMANCE B

The Authority issued 

NEG decision within 

100 days in 8% of 

cases. In addition, the 

Authority issued 13 

NEG decisions in cases 

older than 90 days. 

This contributed to the 

backlog reduction 

effort.

PERFORMANCE A

CIP met and this goal in 

50% of NEG cases.

OUTCOME B

Within 100 days of 

assignment (reflecting 

reasonable time period 

for a post-petition 

conference) to an 

Authority Member staff, 

a final NEG decision 

case will issue.

(Target 15%)

OUTCOME A

Upon completion of 

filing requirements 

pursuant to FLRA 

regulations, all NEG 

cases will be assigned 

to an Authority Member 

staff within 5 work days 

or be otherwise 

disposed. (Target 75%)

OUTCOME B

20% of NEG cases will 

be decided within 180 

days of assignment to 

an Authority Member 

staff (reflecting 

reasonable time for a 

post-petition 

conference). 

OUTCOME A

Upon completion of 

filing requirements 

pursuant to FLRA 

regulations, 100% of 

NEG cases will clear the 

Screening Team and be 

assigned to professional 

case production staff or 

otherwise resolved, 

within 5 work days. 

2010 Goal: Provide timely review and disposition of 

Negotiability (NEG) cases.

Objective: Remedy all NEG cases in a timely manner.
FY 2011 FLRA Congressional Budget Submission 19

Goal 6 – FSIP

Bargaining Impasse Cases 

FY2009

FY 2009 Goal: Provide timely review and disposition of Bargaining Impasse (FISP) cases.

Objective: Remedy all FSIP cases in a timely manner.

PERFORMANCE D

FSIP met its goal of 

issuing D&Os within 

30 calendar days of 

the FISP Members’

decision in 85% of 

the cases (11 out of 

13 requests for 

assistance)

PERFORMANCE C

FISP met is goal of 

closing the 

substantive case 

record within 120 days 

after the jurisdiction is 

asserted 100% of the 

time.

PERFORMANCE B

FSIP met its goal of 

issuing the closing 

letter to the parties 

within 20 calendar days 

of 

determination/request 

to withdraw in 100% of 

cases.

PERFORMANCE A

FISP made 

jurisdictional 

determinations in 19 

requests for 

assistance from the 

parties. It met its goal 

of making 

determinations within 

90 calendar days of 

the filing of a request 

79% of the time.

OUTCOME D

Timely (30 calendar 

days) resolution of 

impasses through 

the issuance of FSIP 

Decisions and 

Orders. (Target 

76%)

OUTCOME C

Timely (120 days after 

jurisdiction is 

asserted) closing of 

the substantive case 

record after the FISP 

has asserted 

jurisdiction over a 

request for 

assistance. (Target 

93%)

OUTCOME B

Timely (20 calendar 

days of 

determination/request 

to withdraw) notification 

to parties when 

jurisdiction is declined 

or the filing party 

withdraws its request 

for assistance. (Target 

98%)

OUTCOME A

Timely (90 calendar 

days of filing a 

request) investigation 

of requests for 

assistance. (Target 

79%)

Goal 6 – FSIP

Bargaining Impasse Cases 

FY2010

FY 2010 Goal: Provide timely review and disposition of Bargaining Impasse (FISP) cases.

Objective: Remedy all FSIP cases in a timely manner.

OUTCOME D

76% of cases that 

the Panel resolves 

through a D&O, or 

otherwise, will be 

closed within 30 

days of the Panel’s 

decision.

OUTCOME C

In 93% of cases, 

the substantive 

case record will 

close within 120 

days once the 

Panel asserts 

jurisdiction over the 

parties’ request for 

assistance.

OUTCOME B

98% of cases in 

which the FSIP 

declines to assert 

jurisdiction or which 

a party/ies’

request/s to 

withdraw, prior to a 

jurisdictional 

determination, will 

close within 20 days 

of determination/ 

request to withdraw.

OUTCOME A

Upon completion of 

filing requirements 

pursuant to FSIP 

regulations, and 

FMCS action, in 

79% of cases the 

Panel will assert 

jurisdiction or 

decline to assert 

jurisdiction within 

90 days.
FY 2011 FLRA Congressional Budget Submission 20

Goal 7 – Human Capital

Human Capital

New goal in FY 2010

FY 2010 Goal: Develop, manage and utilize FLRA’s human resources to meet program needs. 

Objective: Recruit, develop and retain a multi-skilled, well-trained, highly performing, culturally diverse 

workforce that meets program needs and is collaboratively involved in workforce matters.

OUTCOME D

Increase staffing 

levels to funded 

FTE levels.

OUTCOME C

Issue updated 

versions of 50% of 

internal FLRA 

policy instructions.

OUTCOME B

Improve employee 

morale, increasing 

employee job 

satisfaction by 50% 

toward 

approaching the 

agency’s objective. 

OUTCOME A

Establish 50% of 

necessary 

collaborative 

internal 

workgroups to 

address 

technology issues, 

strategic planning, 

and other agency 

and workforce 

issues. 
FY 2011 FLRA Congressional Budget Submission 21

FY 2011 Performance Goals and Linkage of Budget to Performance Goals

During FY 2011, the FLRA will devote its resources to reducing the case backlog and 

implementing a new goal of increasing training, outreach, and facilitation activities. The latter 

initiative is intended to facilitate increased emphasis throughout the Government on improved 

labor-management relations and increased efficiency and effectiveness of Government 

operations. The FLRA also will expand efforts to improve its human capital infrastructure and 

employee morale. New initiatives accompanying the FLRA’s eight goals are set forth below. 

However, at the outset, we note certain assumptions underlying these goals, including: (1) level 

case intake in the Authority and OGC; (2) an increase in the size of the Federal workforce, and 

(3) no change in the FLRA’s jurisdiction. 

GOAL 1: PROVIDE TIMELY ADJUDICATION OF CASES THROUGH E-FILING AND CASE TRACKING.

OBJECTIVE: ENHANCE CUSTOMER EASE OF FILING CASES AND TRACKING CASE STATUS THROUGH 

WEB BASED CASE-FILING SYSTEM.

Chief Information Officer

Enhancing agency information technology in support of case processing and 

program achievement will remain a critical part of the FLRA’s performance plan 

through FY 2011. In FY 2010 the agency will have delivered case tracking and efiling, using Software as a Service (SaaS) framework. The age of the FLRA’s 

technology has delayed and hindered efficiencies in critical programs as well as 

compliance with the Electronic Government Act of 2002. In addition, other areas 

requiring attention include network capacity and end of life hardware, application 

development, information assurance, and hardware/ software refresh as legacy 

applications and processes are replaced using SaaS framework. When updated tools 

are in place, the agency information technology goals will materialize faster and 

enable efficiencies in other agency areas. Further, the agency will demonstrate a 

reduction in the Total Cost of Ownership (TCO). In FY 2011 the FLRA will have 

an opportunity to invest this savings in the network transport for users, increasing 

bandwidth and leveraging the speed of delivery of these services. Toward the end of 

FY 2011 the FLRA will have adopted OMB’s direction for agency cloud 

computing. This will significantly reduce operating costs and redirect IT staff away 

from administration of hardware / software and toward assisting users in the use of 

the adopted framework. This goal will enhance our ability to assist both internal 

and external customers. 
FY 2011 FLRA Congressional Budget Submission 22

FY 2011 Goal: Modernize agency information technology (IT) business systems to support and enhance program 

achievement.

Objective: Improve agency program efficiencies through leveraging technology for internal and external 

customers.

FY 2011 Goal: Modernize agency information technology (IT) business systems to support and enhance program 

achievement.

Objective: Improve agency program efficiencies through leveraging technology for internal and external 

customers.

Goal 1 - IT

Chief Information Officer

FY2011

MEASURE E

Percent reduction of IT 

Enterprise Total Cost 

of Ownership (TCO). 

(Target 40%)

MEASURE D

Percent completeness of 

integration between 

systems that face the 

customer and the FLRA 

employee. (Target 

100%)

MEASURE C

Percentage of user 

computers refreshed 

in the FY. (Target 

33%)

MEASURE B

Percentage of user 

computers utilizing 

virtual desktop 

provisioning. (Target 

95%)

MEASURE A

Percentage enterprise 

applications utilizing 

Software as a Service 

(SaaS) and Platform as 

a Service (PaaS). 

(Target 90%)

OUTCOME E

Reduce total 

enterprise IT 

computing costs.

OUTCOME D

Enhanced integration for 

agency-wide e-filing and 

case management.

OUTCOME C

Assess, revise and 

implement an agency 

IT life cycle plan.

OUTCOME B

Embrace virtual 

desktop provisioning 

which will protect the 

data enterprise while 

at the same time 

leverage the 

availability of the 

anywhere / anytime 

environment.

OUTCOME A

Establish Shared 

Service model for 

voice, email, 

applications and IT 

helpdesk. 

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

0

Enhance customer ease of 

filing cases and tracking case 

status through web-based case 

filing systems IRMD 3.25 1,169.00 5.00 1,403.00 5.00 1,323.00

Subtotal Goal # 1 3.25 1,169.00 5.00 1,403.00 5.00 1,323.00

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 23

GOAL 2: PROVIDE TIMELY REVIEW AND DISPOSITION OF UNFAIR LABOR PRACTICE (ULP)

CASES.

OBJECTIVE: REMEDY ALL ULP CASES IN A TIMELY MANNER.

The Office of the General Counsel (OGC), Office of Administrative Law Judges 

(OALJ), and the Authority have established targets to ensure that, during FY 2010 

and FY 2011, significant progress is made toward achieving timely case 

processing of all ULP cases. In this regard, ULP cases involve alleged violations 

of union or management statutory rights and are at the heart of the FLRA’s 

mission. 

Office of General Counsel

The OGC has a goal of resolving ULP cases (issuance of a complaint, withdrawal, 

dismissal or settlement of charge) within 120 days of filing. During FY 2011, the 

OGC intends to resolve 75 percent of ULP cases within 120 days. Although the 

OGC projects a level ULP case intake, the OGC’s ULP initiatives that include an 

emphasis on providing ADR, training, and outreach and facilitation, represents a 

significant increase in workload. In addition, the OGC expects an increase in 

sustained litigation, resulting from the continued appointment of a General 

Counsel. 

The OGC has also set a goal of deciding appeals from Regional Director’s ULP 

dismissal determinations within 60 days of receipt of the appeal, and in no case 

more than 120 days. During FY2011, the OGC intends to resolve 90 percent of 

all appeal cases within 60 days. This represents a 10 percent increase over the FY 

2010 goal.

Office of Administrative Law Judges

The OALJ has refined and combined its previous goals into a single goal with a 

single measure in FY 2011: “All complaint cases forwarded to the OALJ will be 

resolved within 180 days of issuance of the complaint.” 

Authority

In addition to resolving already-old ULP cases, the Authority intends to resolve, 

during FY 2011, 50 percent of such cases before they become old. This is a 

substantial increase over the FY 2010 goal of resolving 20 percent of such cases.
FY 2011 FLRA Congressional Budget Submission 24

.

Goal 2 – ULP

Unfair Labor Practices

FY2011

OUTCOME D

Decide 50% of ULP 

cases within 180 days 

of assignment to an 

Authority Member 

Staff.

OUTCOME C

90% of cases in 

which a complaint is 

issued and 

forwarded to OALJ 

will be resolved 

within 180 days of 

the issuance of 

complaint.

OUTCOME B

In 90% of cases, 

OGC will issue 

decisions on appeals 

from Regional 

Director’s dismissal 

of ULP charges 

within 60 days of 

receipt of the appeal, 

and in no case more 

than 120 days.

OUTCOME A

OGC will resolve 

75% of ULP charges 

(issuance of a 

complaint) 

withdrawal, 

dismissal, or 

settlement of the 

charge) within 120 

days from the date 

filed.

FY 2011 Goal: Provide timely review and disposition of Unfair Labor Practice (ULP) cases.

Objective: Remedy all ULP cases in a timely manner.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Provide timely review and 

disposition of Unfair Labor 

Practice (ULP) Cases OGC 46.07 6,694.80 51.95 7,245.00 53.10 7,736.25

ALJ 5.50 959.74 4.70 861.98 4.70 874.20

Authority 5.74 1,521.08 7.72 1,635.30 7.80 1,661.70

Subtotal Goal # 2 57.31 9,175.62 64.37 9,742.28 65.60 10,272.15

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 25

GOAL 3: PROVIDE TIMELY REVIEW AND DISPOSITION OF REPRESENTATION (REP) CASES.

OBJECTIVE: REVIEW ALL REP CASES IN A TIMELY MANNER.

Representation cases, which are filed in the Regional Offices of the OGC and, in 

certain circumstances are appealable to the Authority, determine whether unions 

should be certified as exclusive representatives of units of employees as well as 

whether individual employees or groups of employees may be included in those 

units. When Government agencies reorganize, which occurs frequently, on both 

small and large scales, representation cases result.

Office of General Counsel 

During FY 2011, the OGC intends to resolve 70 percent of all REP cases within 

120 days of filing. In addition, the OGC will place special emphasis on resolving 

all election cases within 120 days. Election cases go to the foundation of the 

Statute (the right of employees to determine representation) and conducting 

representation elections in a timely manner will remain a high priority for the 

OGC in FY 2011. 

Authority

The Statute provides that, unless the Authority resolves an appeal of a Regional 

Director’s decision in a REP case within 60 days, the Regional Director’s 

decision becomes the decision of the Authority by operation of law. Accordingly, 

the Authority places a premium on quick turnaround in REP cases, and devotes 

significant resources and efforts towards the processing of REP cases immediately 

after they are filed. During FY 2011, the Authority intends to decide whether to 

grant review in all REP cases within 60 days of filing. 
FY 2011 FLRA Congressional Budget Submission 26

Goal 3 – REP

Representation Cases

FY2011

FY 2011 Goal: Provide timely review and disposition of Representation (REP) cases.

Objective: Remedy all REP cases in a timely manner.

OUTCOME B

Upon assignment to an Authority Member 

staff, a decision whether to grant review in 

a REP case will issue by day 60 in 100% 

of REP cases.

OUTCOME A

OGC will resolve 70% of REP cases by 

withdrawal of petition, conducting of 

election, or issuance of a D&O within 120 

days of filing of the petition.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Provide timely review and 

disposition of Representation 

(REP) cases OGC 9.21 1,338.96 10.39 1,449.00 10.62 1,547.25

Authority 3.82 1,014.05 5.15 1,090.20 5.20 1,107.80

Subtotal Goal # 3 13.04 2,353.01 15.54 2,539.20 15.82 2,655.05

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 27

GOAL 4: PROVIDE TIMELY REVIEW AND DISPOSITION OF ARBITRATION (ARB) CASES.

OBJECTIVE: REMEDY ALL ARB CASES IN A TIMELY MANNER.

Authority

Arbitration cases, which result when an agency or a union timely appeals an 

arbitration award, account for nearly 65 percent of the Authority’s case filings and 

inventory. As these cases necessarily follow the conclusion of a grievance 

arbitration procedure, they often present disputes that have been ongoing for 

years. Accordingly, they deserve prompt resolution. 

During FY 2011, the Authority intends to increase the percentage of cases 

resolved before they become old to 40 percent (from 20 percent in FY 2010) as 

well as continue to eliminate the backlog of old cases. 

Goal 4 – ARB

Arbitration Cases

FY2011

FY 2010 Goal: Provide timely review and disposition of Arbitration (ARB) cases.

Objective: Remedy all ARB cases in a timely manner.

OUTCOME

Decide 40% of ARB cases within 180 days of 

assignment to an Authority Member Staff.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Provide timely review and 

disposition of Arbitration (ARB) 

Cases Authority 22.94 6,084.30 30.88 6,541.20 31.20 6,646.80

Subtotal Goal # 4 22.94 6,084.30 30.88 6,541.20 31.20 6,646.80

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 28

GOAL 5: PROVIDE TIMELY REVIEW AND DISPOSITION OF NEGOTIABILITY (NEG) CASES.

OBJECTIVE: PROVIDE TIMELY REVIEW AND DISPOSITION OF NEGOTIABILITY (NEG CASES).

Authority

A negotiability case arises when a union appeals an agency’s declaration that 

proposal for bargaining (or a contract provision that was agreed upon by local 

parties but disapproved by agency heads) is unlawful or conflicts with 

Government-wide and/or certain agency regulations. A negotiability appeal 

virtually stops the bargaining process, sometimes involving entire collective 

bargaining agreements and sometimes involving single issue agreements. Thus, 

timely resolution of negotiability disputes is critical to enable parties to manage 

their workplace disputes. 

In FY 2011, the Authority intends to continue its backlog reduction efforts and 

increase the percentage of incoming cases that are resolved within 180 days to 45 

percent. A new initiative is planned to assist achieving this goal:

 During FY 2011, the Authority will undertake a pilot project designed to 

provide parties in negotiability cases with procedures, including a fact 

finding hearing before an Administrative Law Judge, otherwise available 

only in ULP cases. This project is intended to determine whether 

requiring parties to establish factual records and substantiate assertions 

will facilitate amicable resolution and/or decision-making.
FY 2011 FLRA Congressional Budget Submission 29

Goal 5 – NEG

Negotiation Cases

FY2011

2011 Goal: Provide timely review and disposition of Negotiability (NEG) cases.

Objective: Remedy all NEG cases in a timely manner.

OUTCOME

Decide 45% of NEG cases within 180 days of 

assignment to an Authority Member Staff.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Provide timely review and 

disposition of Negotiability 

(NEG) cases. OALJ 0.35 61.26 0.30 55.02 0.30 55.80

Authority 3.82 1,014.05 5.15 1,090.20 5.20 1,107.80

Subtotal Goal #5 4.18 1,075.31 5.45 1,145.22 5.50 1,163.60

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 30

GOAL 6: PROVIDE TIMELY REVIEW AND DISPOSITION OF BARGAINING IMPASSE CASES.

OBJECTIVE: REVIEW ALL FSIP CASES IN A TIMELY MANNER.

Federal Service Impasses Panel

FSIP is the Federal sector substitute for the private sector right of labor unions to 

strike and employers to lock out their unionized employees when collective 

bargaining results in an impasse. FSIP accomplishes its mission successfully 

when it provides timely review and resolution of bargaining impasses. 

During FY 2011, the Panel will employ a three-part initiative designed to: (1) 

expedite initial investigations; (2) direct employers to maintain the status quo in 

situations in situations where an employer may otherwise implement changes in 

conditions of employment pending Panel action; and (3) increase the use of 

mediation-arbitration by Panel representatives to resolve impasses. These 

interrelated actions will allow many investigations to be concluded more quickly 

and, by providing for prompt resolution by Panel Members and staff, will provide 

a disincentive for employers unilaterally to implement changes in conditions of 

employment. With regard to the latter point, unilateral implementation frequently 

results in the filing of ULP charges by labor organizations. Thus, the increased 

use of FSIP’s authority to order employers to maintain the status quo, coupled 

with expedited resolution of impasses, should also reduce the number of unionfiled ULP charges and increase the number of voluntary withdrawals and 

dismissals of such charges by the FLRA’s Regional Offices. 
FY 2011 FLRA Congressional Budget Submission 31

 

Goal 6 – FSIP

Bargaining Impasse Cases 

FY2011

FY 2011 Goal: Provide timely review and disposition of Bargaining Impasse (FISP) cases.

Objective: Remedy all FSIP cases in a timely manner.

OUTCOME C

80% of FSIP cases 

resolved through a 

final action will be 

closed within 150 

days of filing.

OUTCOME B

80% of FSIP cases 

voluntarily settled after 

jurisdiction is asserted 

will close within 120 

days of filing.

OUTCOME A

90% of FSIP cases 

where jurisdiction is 

declined will close 

within 100 days of 

filing.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Provide timely review and 

disposition of Bargaining 

Impasse (BARG) cases. FSIP 3.08 547.00 5.00 795.00 6.00 893.00

Subtotal Goal #6 3.08 547.00 5.00 795.00 6.00 893.00

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 32

GOAL 7: DEVELOP, STRATEGICALLY DEPLOY AND MANAGE FLRA’S HUMAN RESOURCES TO

MEET PROGRAM AND ORGANIZATIONAL PERFORMANCE GOALS.

OBJECTIVE: RECRUIT, DEVELOP AND RETAIN A MULTI-SKILLED, WELL-TRAINED, HIGHLY 

PERFORMING, CULTURALLY DIVERSE WORKFORCE THAT MEETS PROGRAM NEEDS 

AND IS COLLABORATIVELY INVOLVED IN WORKFORCE MATTERS.

Office of Policy and Performance Management

This goal reflects the current leadership’s commitment to rebuild its workforce by 

working collaboratively with employees and their representative, in order to 

promote effective organizational and individual performance. Consistent with 

this commitment, in FY 2011, the FLRA will focus on continued improvement in 

employee satisfaction and productivity. In this regard, the FLRA scored the 

lowest of all Federal agencies in the 2006 and 2008 Federal Human Capital 

Surveys conducted by OPM, with particularly low scores in areas concerning 

satisfaction with training opportunities and performance management. In FY 

2009, the FLRA made significant strides with respect to improving employee 

satisfaction, and will continue to build upon that growth by institutionalizing and 

formally integrating policies and programs directed at addressing the agency’s 

human capital needs.

In this regard, in FY 2011, the agency will operate under an effective and 

dynamic strategic human capital plan that is being collaboratively developed and 

implemented in FY 2010. The agency’s strategic plan and its human capital plan 

will include a focus on succession planning that involves employee and leadership 

development and the preservation of institutional knowledge. In FY 2011, the 

agency also will complete its review and revision of internal agency policies. 

Also in FY 2011, the FLRA will operate as a continuous learning organization 

through utilization of a broad spectrum of learning methodologies to support 

current and future skills and development and career paths. In particular, a 

learning management system will be implemented that will be reflected in 

employees’ individual development plans. In FY 2011, the FLRA’s investment in 

its human capital will result in increased employee satisfaction and performance. 
FY 2011 FLRA Congressional Budget Submission 33

Goal 7 – Human Capital

Human Capital

New goal in FY 2010

FY 2010 Goal: Develop, manage and utilize FLRA’s human resources to meet program needs. 

Objective: Recruit, develop and retain a multi-skilled, well-trained, highly performing, culturally diverse 

workforce that meets program needs and is collaboratively involved in workforce matters.

MEASURE D

100% of employee will have position descriptions, 

Performance Work Plans (PWP’s), progress 

reviews and appraisals that are current and 

timely. 

Recognize exceptional performance, through an 

agency-wide performance based appraisal 

system, and address poor performance through 

improved performance management. 

Operate under a certified SES system. 

Employee performance elements and standards 

are clearly aligned with positions and grades, the 

agency’s mission and strategic goals. The 

performance appraisal system is revised to reflect 

current agency policy.

MEASURE C

Employee job 

satisfaction will 

increase in all 

targeted areas, as 

measured by the 

FHCS and agency 

annual employee 

survey.

Health and 

Wellness programs 

will be available to 

all employees.

MEASURE B

100% of internal HR policy instructions 

will be reviewed and revised as 

necessary.

100% of components will have 

succession plans, that include 

employee and leadership development 

and institutional knowledge 

preservation, have been implemented.

Development of a comprehensive 

recruitment strategy to hire and retain 

highly talented and diverse employees.

Percentage of vacancies filled in a 

timely manner, utilizing a user-friendly 

application process that is clear and 

understandable, consistent with OPM 

directives and modern technology.

MEASURE A

Employees will have 

current individual 

development plans 

(IDPs).

Delivery of training 

through a coordinated 

agency-wide training 

program.

OUTCOME D

High functioning performance management 

system. 

.

OUTCOME C

Improved 

employee job 

satisfaction 

OUTCOME B

Operate with an effective and dynamic 

Human Capital Plan.

OUTCOME A

Operate as a continuous 

learning organization 

using a broad spectrum of 

learning methodologies to 

support current and future 

skills development and 

career paths.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Develop, strategically deploy 

and manage FLRA's human 

resources to meet program 

and organizational 

performance goals. OPPM/HR 1.77 789.00 3.74 837.00 4.00 1,017.00

Subtotal Goal # 7 1.77 789.00 3.74 837.00 4.00 1,017.00

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 34

GOAL 8: PROMOTE PROGRAM EFFECTIVENESS AND PUBLIC ACCOUNTABILITY TO IMPROVE 

LABOR-MANAGEMENT RELATIONS.

OBJECTIVE: ASSIST PARTIES IN MINIMIZING AND RESOLVING LABOR –MANAGEMENT DISPUTES.

This Goal is new in FY2011 and is established to emphasize not only the 

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

collaborative and ADR techniques along with other training, outreach, and 

facilitation services to assist parties in minimizing and resolving labormanagement disputes. 

Office of General Counsel

During FY 2011, the OGC, through its use of ADR, intends to resolve (partially 

or totally) 50 percent of ULP and REP cases in which an offer of ADR services is 

accepted by the parties. This will assist the OGC in meeting its overarching goal 

of timely review and disposition of ULP and REP cases. The OGC also intends to 

increase its ADR/Statutory training and outreach efforts to enable parties to 

manage and resolve their workplace disputes on their own thereby resulting in a 

reduction in case filings. To successfully implement this new initiative the OGC 

intends to design and implement an internal skills training program for OGC 

employees on effective use of ADR to resolve ULP and REP cases and effective 

presentation of ADR and Statutory training sessions for agency and union 

representatives. 

The new ADR tasks are an integral component of the OGC’s overall approach to 

the effective enforcement of the Statute as it provides for the timely resolution of 

disputes. In addition, the new training initiative promotes efficient utilization of 

the OGC’s resources as it will result in reduced filings. 

Authority

Operating consistent with the CAP, the Authority intends to reduce its backlog by 

75 percent (compared to the backlog in FY 2010) in FY 2011, resulting in only 

approximately 50 overage cases pending at the end of the year. The remaining 

overage cases would then be eliminated in FY 2012.

With regard to use of collaboration techniques an ADR services, the Authority 

makes such services available to parties in all negotiability cases through its 

Collaboration and Alternative Dispute Resolution Office (CADRO) -- an office 

that was designed to offer support and resources agency-wide for the delivery of 

ADR services. 

Consistent with the pilot program intended for FY 2011 in which parties in 

negotiability cases will be provided with procedures, including a fact-finding 

hearing before an Administrative Law Judge, the Authority’s goal is to resolve, 

partially or fully, 80 percent of negotiability cases in which an offer of ADR 
FY 2011 FLRA Congressional Budget Submission 35

assistance is accepted. The Authority also intends to examine whether it is 

feasible to offer ADR in certain arbitration cases. In particular, the Authority will 

establish criteria for identifying arbitration cases that appear susceptible to 

resolution through collaboration and ADR and experiment with use of those 

techniques in such cases. 

Finally, the Authority intends to expand its training, outreach, and facilitation 

activities during FY 2011. In this regard, it is anticipated that request for these 

services will increase as the agency rebuilds and as Government-wide initiatives 

aimed at increased labor-management cooperation take hold. Through CADRO, 

the FLRA will serve as a critical resource for both labor and management in 

executing the “Creating Labor-Management Forums to Improve Delivery of 

Government Services” Executive Order, providing information, education and 

tools necessary for the successful execution of the Executive Order’s 

requirements and principles. In addition, recognizing the need to make greater 

use of modern technology, the Authority intends to make available to parties in 

FY 2011 not only traditional activities involving face-to-face meetings and 

facilitations, but also to make web-based training and other services available. 

Federal Service Impasses Panel 

FSIP’s target under Goal 8 is to partially or totally resolve 30 percent of its cases 

without the need for a Panel final action. FSIP has strongly believed since its 

inception in 1970 that voluntary settlements of Federal sector bargaining impasses 

are in the best interests of the parties and the public. Its efforts to achieve

voluntary settlements occur at every stage of case processing, from the initial 

investigation where FSIP’s staff explores alternative approaches to meet each 

side’s interests, through the selection of procedures to resolve issues that 

incorporate the use of collaborative and ADR techniques. 
FY 2011 FLRA Congressional Budget Submission 36

Goal 8 – BACKLOG 

REDUCTION,OUTREACH & 

ADR

FY2011

FY 2011 Goal: Promote program effectiveness and public accountability to improve labor-management 

relations.

Objective: Assist parties in minimizing and resolving labor-management disputes.

MEASURE C

Number of training, 

outreach, and facilitation 

activities conducted. 

(Target 175) 

Number of participants in 

training, outreach, and 

facilitation activities. 

(Target 5000)

MEASURE B

Percentage of negotiability cases in which offer of ADR 

assistance is accepted by parties that are partially or totally 

resolved. (Target 80%) 

Percentage of ULP cases in OALJ where offer of 

settlement judge services is accepted by parties that are 

partially or totally resolved. (Target 70%) 

Percentage of FSIP cases that are partially or totally 

resolved without Panel final action. (Target 30%) 

Percentage of ULP and REP cases in which an offer of 

ADR services is accepted by the parties that are partially or 

totally resolved. (Target 50%)

MEASURE A

No more than 50 pending 

cases that are overage.

OUTCOME C

Expand training, outreach 

and facilitation activities to 

improve effectiveness of 

agency operations and 

provide parties with tools to 

constructively management 

workplace disputes.

OUTCOME B

Use collaboration techniques and ADR services to 

minimize and/or resolve labor-management disputes.

OUTCOME A

Reduce backlog of overage 

cases (pending before 

Authority Members for more 

than 180 days from the date of 

assignment to a Member staff) 

by 75% such that, at the end 

of FY2011, no more than 50 

cases are overage.

Measure

Component/ 

Office

FTE $ (000) FTE $ (000) FTE $ (000)

Promote program effectiveness 

and public accountability to 

improve labor-management 

relations. (ADR) Authority 1.91 507.03 2.57 545.10 2.60 553.90

OGC 6.14 892.64 6.93 966.00 7.08 1,031.50

CADRO 0.00 0.00 2.00 259.00 3.00 444.00

Subtotal Goal # 8 8.06 1,399.67 11.50 1,770.10 12.68 2,029.40

FY 2009 Actual FY 2010 Budgeted FY 2011 Request
FY 2011 FLRA Congressional Budget Submission 37

Government Performance and Results Act (GPRA)

The FY 2011 budget request is based on the FLRAs GPRA Strategic Plan for FY 2004 through 

FY 2009, and supported by the FY 2011 Performance Plans included in this submission. The 

FLRA will continue to work closely with Congress, the Office of Management and Budget and 

its stakeholders to ensure that its strategic goals, objectives, and measures continue to provide 

relevant information. The agency strategic plan will be updated in FY 2010 and will include 

organizational values and vision which is not included in the current plan but will be critical to 

the agency’s success in rebuilding. 
FY 2011 FLRA Congressional Budget Submission 38

APPENDIX A

WORKLOAD STATISTICS

Unfair Labor Practice Caseload

Office of the General Counsel (OGC)

Unfair Labor Practice (ULP) cases enter the FLRA through the Office of the General Counsel of the 

Authority (OGC) as a charge. OGC Regional Office staff investigates the charges filed. If there is a 

potential violation of the Statute, then the Regional Director issues a complaint. The OGC then 

prosecutes the complaint before an Administrative Law Judge (ALJ). 

** The columns set forth above are not additive in all instances due to the existence of certain secondary actions that affect the 

number of charges settled and complaints issued.

The ULP charges filed during FY 2009, by Regional Office, were as follows:

Region (FY 2008) ULP CHARGES filed

Atlanta 441

Boston 555

Chicago 682

Dallas 371

Denver 447

San Francisco 610

Washington 619

TOTAL 3,725

Office of Administrative Law Judges

Upon issuance of a complaint, the ULP case proceeds to the Office of Administrative Law Judges (OALJ) 

where it may settle prior to or at the hearing, or be closed by decision. 

Authority 

After the OALJ renders a ULP decision, the parties may file exceptions with the Authority for review of 

that decision. 

 FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, start of year 19 16 21 34 30

Case Intake 52 38 26 11 1

Total ULP Caseload 71 54 47 45 31

Case Closings

Procedural 32 25 13 9 0

Merits 23 8 0 6 16

Total ULP Closings 55 33 13 15 16

ULPs pending, end of year 16 21 34 30 15

FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, start of year 118 18 32 25 0

Case Intake 88 271 134 46 

Total Caseload 206 289 166 71

Case Closings:

 Cases closed before hearing 134 216 114 59 0

 Cases closed at hearing 0 2 0 0 0

 Cases closed by decision 54 39 27 12 0

Total Case Closings 188 257 141 71 0

Cases Pending, End of Year

Awaiting Hearing 3 25 19 0 20

Awaiting Decision 15 7 6 0 0 

Total Cases Pending, end of year 18 32 25 0 20

FY2005 FY2006 FY2007 FY2008 FY2009

Charges pending, start of year 914 1,164 1,705 2,300 1,237

Charges Filed 4,036 4,788 4,677 3,569 3,593

Total Charges 4,950 5,952 6,382 5,869 4,830

Charges Closed:

Charges Withdrawn/

 Settled 2,758 2,979 2,920 2,648 2,250

Charges Dismissed 952 1,008 1,038 1,941 1,002

Complaints Issued 86 271 134 ___46 __20

Total Charges Closed 3,796 4,258 4,092 4,635 3,272

Charges Pending, 

 end of year 1,164 1,705 2,300 1,237 1,690
FY 2011 FLRA Congressional Budget Submission 39

Representation (REP) Caseload

Office of the General Counsel

Representation (REP) cases originate with the filing of a petition in one of the OGC Regional Offices. 

 FY2005 FY2006 FY2007 FY2008 FY2009

Petitions Pending, start of year 119 123 160 156 140

Petitions Filed 285 276 297 289 256

Total Petitions 404 399 457 445 396

Petitions Closed

Petitions Withdrawn 121 99 136 132 92

Merit Determinations 160 140 165 173 154

Total Petitions Closed 281 230 301 305 246

Petitions Pending, end of year 123 159 156 140 156

Authority 

Within the Authority, unlike other types of cases, there is a statutory time requirement to complete a REP 

case. Such cases are given priority in order to meet the statutory requirement. 

 FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, start of year 1 1 1 4 3

Case Intake 11 12 13 14 16 

Total REP 12 13 14 18 19

Case Closings

Procedural 1 1 0 1 1

Merits 10 11 10 14 14

Total Closings 11 12 10 15 15

REPs, 

 pending end of year 1 1 4 3 4

Arbitration (ARB) Caseload

 FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, start of year 62 58 108 216 298

Case Intake 138 136 162 126 150

Total ARB Caseload 200 194 270 342 448

Case Closings

 Procedural 18 13 18 12 38

 Merits 124 73 36 32 155

Total ARB Closings 142 86 54 44 193

ARBs pending, end of year 58 108 216 298 255
FY 2011 FLRA Congressional Budget Submission 40

Negotiability (NEG) Caseload

 FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, start of year 14 22 24 40 48

Case Intake 66 68 52 38 37

Total NEG Caseload 80 90 76 78 85

Case Closings

 Procedural 38 53 30 22 39

 Merits 20 13 6 8 10

Total Closings 58 66 36 30 49

Cases pending, end of year 22 24 40 48 36

Bargaining Impasse Caseload

The Federal Service Impasses Panel (FSIP) resolves impasses between Federal agencies and unions 

representing Federal employees arising from negotiations over conditions of employment under the 

Federal Service Labor-Management Relations Statute and the Federal Employees Flexible and 

Compressed Work Schedules Act. If bargaining between the parties, followed by mediation assistance, 

proves unsuccessful, the FSIP recommends procedures and takes action it deems necessary to resolve the 

impasse. 

 FY2005 FY2006 FY2007 FY2008 FY2009

Cases Pending, 

start of year 48 45 34 23 22

Impasses Received 146 134 115 111 120

Total Caseload 194 179 149 134 144

Impasses Resolved 149 145 126 112 84

Cases pending, 

end of year 45 34 23 22 60
FY 2011 FLRA Congressional Budget Submission 41

APPENDIX B 

LEGAL AUTHORITES

The legal authorities of the Federal Labor Relations Authority are set forth in the following:

Reorganization Plan No. 2 of 1978, consolidated the central policy-making functions in Federal labormanagement relations under the Federal Labor Relations Authority, an independent agency. Previously, 

these functions had been divided between the Federal Labor Relations Council and the Assistant 

Secretary of Labor for Labor-Management Relations.

Civil Service Reform Act of 1978, as amended by the Civil Service Miscellaneous Amendments Act of 

1983, established the Federal labor-management relations program under a statute administered by the 

Federal Labor Relations Authority.

Section 903 of the Civil Service Reform Act of 1978, provides permanent authorization for the Federal 

Labor Relations Authority to be appropriated “... such sums as may be necessary to carry out the 

provisions of this Act.”

Panama Canal Act of 1979, expanded the jurisdiction of the Federal Labor Relations Authority to 

employees, including foreign nationals, of the Panama Canal Commission and U.S. agencies in the 

Panama Canal area. The jurisdiction to resolve labor-management disputes involving the Panama Canal 

Commission and other U.S. Government agencies located in what was the Canal Zone of the Republic of 

Panama, and the exclusive representatives of their employees under the Statute, ended as of July 1, 1998, 

pursuant to recent Congressional amendments to 22 U.S.C. § 3701 et seq.

Foreign Service Act of 1980, established a labor-management relations program for the members of the 

Foreign Service and established the Foreign Service Labor Relations Board and the Foreign Service 

Impasse Disputes Panel, which are supported by the Federal Labor Relations Authority.

Federal Employees Flexible and Compressed Work Schedules Act of 1982, as converted into permanent 

authority by the Act to Convert the Temporary Authority to Allow Federal Employees to Work on a 

Flexible or Compressed Schedule under Title 5, U.S. Code, into Permanent Authority, granted the Federal 

Service Impasses Panel jurisdiction over negotiation impasses regarding alternative work schedules.

Section 291 of the Federal Crop Insurance Program and Department of Agriculture Reorganization Act of 

1994, Pub. L. No. 103-354, assigns the Authority specific responsibilities concerning the certification of new 

or modified bargaining units resulting from reorganizations within the Department of Agriculture.

Presidential and Executive Office Accountability Act, Pub. L. No. 104-331, applies various civil rights, 

labor and employment laws, including Chapter 71 of U.S. Code, to employees of the Executive Office of 

the President. Section 431 of the Act requires the Federal Labor Relations Authority to promulgate 

regulations to include the newly covered employees.
FY 2011 FLRA Congressional Budget Submission 42

APPENDIX C

FEDERAL LABOR RELATIONS AUTHORITY

PERFORMANCE PLAN

FY 2011

Increase to eight (8) goals:

1. Modernize agency information technology (IT) business systems to support and enhance program achievement.

2. Provide timely review and disposition of Unfair Labor Practice (ULP) cases.

3. Provide timely review and disposition of Representation (REP) cases.

4. Provide timely review and disposition of Arbitration (ARB) cases.

5. Provide timely review and disposition of Negotiability (NEG) cases.

6. Provide timely review and disposition of bargaining impasse (FSIP) cases.

7. Develop, manage and utilize FLRA’s human resources to meet program needs.

8. Promote program effectiveness and public accountability to improve labor-management relations.
FY 2011 FLRA Congressional Budget Submission 43

FY 2011 PERFORMANCE PLAN

Performance Goal 1 - Modernize agency information technology (IT) business systems to support and enhance program achievement.

Objective: Improve agency program efficiencies through leveraging technology for internal and external customers.

Outcome Measure Target Component/Office

A. Establish Shared Service model 

for voice, email, applications 

and IT helpdesk. 

B. Embrace virtual desktop 

provisioning which will 

protect the data enterprise 

while at the same time 

leverage the availability of the 

anywhere / anytime 

environment.

C. Assess, revise and implement 

an agency IT life cycle plan. 

D. Enhanced integration for 

agency-wide e-filing and case 

management.

E. Reduce total enterprise IT 

computing costs. 

A. Percentage enterprise 

applications utilizing Software 

as a Service (SaaS) and 

Platform as a Service (PaaS) 

B. Percentage of user computers 

utilizing virtual desktop 

provisioning.

C. Percentage of user computers 

refreshed in the FY.

D. Percent completeness of 

integration between systems 

that face the customer and the 

FLRA employee

E. Percent reduction of IT 

Enterprise Total Cost of 

Ownership (TCO) 

A. 90%

B. 95%

C. 33%

D. 100%

E. 40%

A. IRMD

B. IRMD

C. IRMD

D. IRMD

E. IRMD
FY 2011 FLRA Congressional Budget Submission 44

FY 2011 PERFORMANCE PLAN

Performance Goal 2 - Provide timely review and disposition of cases.

Objective: Remedy all ULP cases in a timely manner.

Outcome Measure Target Component/Office

A. Resolve all ULP charges 

(issuance of a complaint, 

withdrawal, dismissal, or 

settlement of the charge) 

within 120 days from the date 

filed. 

B. Issue decisions on appeals 

from Regional Director’s 

dismissal of ULP charges 

within 60 days of receipt of 

the appeal, and in no case 

more than 120 days.

C. All cases in which a complaint 

is issued and forwarded to 

OALJ will be resolved within 

180 days of the issuance of 

complaint.

D. Decide all ULP cases within 

180 days of assignment to an 

Authority Member Staff. 

A. Percentage of ULP charges 

resolved within 120 days from 

the date filed.

B. Percentage of decisions on 

appeals issued within 60 days.

C. Percentage of cases resolved 

within 180 days of the issuance 

of the complaint.

D. Percentage of ULP cases 

decided within 180 days of 

assignment to an Authority 

Member staff. 

A. 75%

B. 90%

C. 90%

D. 50%

A. OGC

B. OGC

C. OALJ

D. Authority
FY 2011 FLRA Congressional Budget Submission 45

FY 2011 PERFORMANCE PLAN

Performance Goal 3 - Provide timely review and disposition of Representation (REP) cases.

Objective: Review all REP cases in a timely manner.

Outcome Measure Target Component/Office

A. Representation cases will be 

resolved by withdrawal of 

petition, conducting of 

election, or issuance of 

Decision and Order within 

120 days of filing of the 

petition. 

B. Upon assignment to an 

Authority Member staff, a 

decision whether to grant 

review in a REP case will 

issue by day 60. 

A. Percentage of representation 

cases resolved within 120 days 

from the filing of the petition.

B. Percentage of REP cases in

which a decision whether to 

grant review issued by day 60. 

A. 70%

B. 100%

A. OGC

B. Authority
FY 2011 FLRA Congressional Budget Submission 46

FY 2011 PERFORMANCE PLAN

Performance Goal 4 - Provide timely review and disposition of Arbitration (ARB) cases.

Objective: Remedy all ARB cases in a timely manner.

Outcome Measure Target Component/Office

A. Decide all ARB cases within 

180 days of assignment to an 

Authority Member Staff. 

A. Percentage of ARB cases 

decided within 180 days of 

assignment to an Authority 

Member staff. 

A. 40% A. Authority
FY 2011 FLRA Congressional Budget Submission 47

FY 2011 PERFORMANCE PLAN

Performance Goal 5 - Provide timely review and disposition of Negotiability (NEG) cases.

Objective: Review all NEG cases in a timely manner.

Outcome Measure Target Component/Office

A. Decide all NEG cases within 

180 days of assignment to an 

Authority Member Staff. 

A. Percentage of NEG cases 

decided within 180 days of 

assignment to an Authority 

Member staff (reflecting 

reasonable time for a postpetition conference). 

A. 45% A. Authority
FY 2011 FLRA Congressional Budget Submission 48

FY 2011 PERFORMANCE PLAN

Performance Goal 6 - Provide timely review and disposition of Bargaining Impasses (FSIP) cases.

Objective: Review all FSIP cases in a timely manner.

Outcome Measure Target Component/Office

A. FSIP cases where jurisdiction 

is declined will close within 

100 days of filing.

B. FSIP cases voluntarily settled 

after jurisdiction is asserted 

will close within 120 days of 

filing.

C. FSIP cases resolved through a 

final action will be closed 

within 150 days of filing.

A. Percentage of declined cases 

closed within 100 days of 

filing.

B. Percentage of voluntarily 

settled cases closed within 120 

days of filing. 

C. Percentage of final action 

cases closed within 150 days 

of filing.

A. 90%

B. 80%

C. 80%

A. FSIP

B. FSIP

C. FSIP
FY 2011 FLRA Congressional Budget Submission 49

FY 2011 PERFORMANCE PLAN

Performance Goal 7 - Develop, manage and utilize FLRA’s human resources to meet program needs.

Objective: Recruit, develop and retain a multi-skilled, well-trained, highly performing, culturally diverse workforce that meets program needs and is 

collaboratively involved in workforce matters.

Outcome Measure Target Component/Office

A. Operate as a continuous 

learning organization using a 

broad spectrum of learning 

methodologies to support 

current and future skills 

development and career paths.

B. Operate with an effective and 

dynamic Human Capital Plan

A. Employees will have current 

individual development plans 

(IDPs).

 Delivery of training through a 

coordinated agency-wide 

training program.

B. Percentage of internal HR 

policy instructions that have 

been reviewed and revised as 

necessary. 

 Percentage of components 

where succession planning, 

that includes employee and 

leadership development and 

institutional knowledge 

preservation, has been 

implemented. 

 Develop a comprehensive 

recruitment strategy to hire and 

retain highly talented and 

diverse employees.

A. 100% 

 100% of employees receiving 

training though program.

B. 100% 

 100% 

A. OPPM

B. OPPM
FY 2011 FLRA Congressional Budget Submission 50

Outcome Measure Target Component/Office

Performance Goal 7 (Con’t)

C. Improved employee job 

satisfaction 

D. High functioning performance 

management system. 

 Percentage of vacancies filled 

in a timely manner, utilizing a 

user-friendly application 

process that is clear and 

understandable, consistent with 

OPM directives and modern 

technology.

C. Employee job satisfaction in 

targeted areas increase, as 

measured by the FHCS and 

agency annual employee 

survey.

 Health and Wellness programs 

will be available to all 

employees. 

D. Percentage of position 

descriptions, Performance 

Work Plans (PWP’s), progress 

reviews and appraisals that are 

current and timely.

 Recognize exceptional 

performance, through an 

agency-wide performance 

based appraisal system, and 

address poor performance 

through improved performance 

management.

 100% 

C. Improvement will occur in all 

targeted areas. 

 100%

D. 100% 

 Effective for 100% of 

employees

C. OPPM

D. OPPM
FY 2011 FLRA Congressional Budget Submission 51

Outcome Measure Target Component/Office

Performance Goal 7 (Con’t)

 Operate under a certified SES 

system.

 Employee performance 

elements and standards are 

clearly aligned with positions 

and grades, the agency’s 

mission and strategic goals. 

The performance appraisal 

system is revised to reflect 

current agency policy.

 100% of SES employees will be 

covered by a certified system

 100% of employees will be 

covered by an up to date 

performance appraisal system.
FY 2011 FLRA Congressional Budget Submission 52

FY2011 PERFORMANCE PLAN

Performance Goal 8 - Promote program effectiveness and public accountability to improve labor-management relations.

Objective: Assist parties in minimizing and resolving labor-management disputes.

Outcome Measure Target Component/Office

A. Reduce backlog of overage 

cases (pending before 

Authority Members for more 

than 180 days from the date of 

assignment to a Member staff) 

by 75% such that, at the end 

of FY2011, no more than 50 

cases are overage. 

B. Use collaboration techniques 

and ADR services to minimize 

and/or resolve labormanagement disputes. 

A. Number of pending cases that 

are overage. 

B. Percentage of negotiability 

cases in which offer of ADR 

assistance is accepted by 

parties that are partially or 

totally resolved.

 Percentage of ULP cases in 

OALJ where offer of 

settlement judge services is 

accepted by parties that are 

partially or totally resolved.

 Percentage of FSIP cases that 

are partially or totally resolved 

without Panel final action. 

A. No more than 50 cases. 

B. 80%

 70%

 30%

A. Authority 

B. Authority

 OALJ

 FSIP
FY 2011 FLRA Congressional Budget Submission 53

Outcome Measure Target Component/Office

Performance Goal 8 (Con’t)

C. Expand training, outreach and 

facilitation activities to 

improve effectiveness of 

agency operations and provide 

parties with tools to 

constructively management 

workplace disputes.

 Percentage of ULP and REP 

cases in which an offer of 

ADR services is accepted by 

the parties that are partially or 

totally resolved. 

C. Number of training, outreach, 

and facilitation activities 

conducted.

 Number of participants in 

training, outreach, and 

facilitation activities. 

 

 50%

C. 175

 5000

 OGC 

C. OGC, Authority, and FSIP