STRATEGIC PLAN 

Fiscal Years 2004-2009 

Federal Labor Relations Authority

Government Performance and Results Act of 1993 
FLRA Strategic Plan (FY2004-2009) 2

TABLE OF CONTENTS

I. INTRODUCTION 

II. AGENCY STRUCTURE AND ADMINISTRATION

III. AGENCY MISSION AND STATUTORY RESPONSIBILITIES 

A. Representation Proceedings

 B. Unfair Labor Practices

 C. Arbitration Exception(s) Adjudication

 D. Issues and Impasses Relating to Bargaining

 1. Negotiation Impasses 

 2. Duty to Bargain Questions 

IV. GOAL AND OBJECTIVES 

A. Goal

 B. Objectives

 1. Representation Proceedings 

 2. Unfair Labor Practices 

 3. Arbitration Exceptions 

 4. Negotiation Impasses 

 5. Duty to Bargain Questions 

V. STRATEGIES AND MEANS

VI. EXTERNAL FACTORS

A. Budget

 B. Case Intake

 C. Presidential Appointees

 D. Legislative Changes

VII. PROGRAM EVALUATION
FLRA Strategic Plan (FY2004-2009) 3

I. INTRODUCTION

The Federal Labor Relations Authority (FLRA) is an independent administrative federal agency 

created when Congress enacted and the President signed into law, Title VII of the Civil Service 

Reform Act of 1978, the Federal Service Labor-Management Relations Statute (the Statute).1 

The Statute allows certain non-postal federal employees to organize, bargain collectively, and to 

participate through labor organizations of their choice in decisions affecting their working lives.2

 

Congress modeled the Statute after the National Labor Relations Act (NLRA), applicable to the 

private sector, however, the Statute differs from the NLRA in several ways, including the 

following: (1) Federal sector bargaining is generally limited to the way personnel policies, 

practices, and procedures are implemented whereas private sector bargaining generally includes 

wages, fringe benefits, and numerous other issues related to hiring, firing, promoting, and 

retaining employees; (2) Strikes and lockouts are prohibited; and (3) Federal sector employees 

are generally entitled to select a union to represent them, but cannot be compelled to join or to 

pay a fee for the representation that the union is required to provide. 

The Statute defines and lists the rights of employees, labor organizations, and agencies so as to 

reflect the public interest demand for the highest standards of employee performance and the 

efficient accomplishment of the operations of the Government.3

This FLRA Strategic Plan supports the mission-oriented, agency-wide goal and objectives while 

recognizing and respecting statutory separation of powers between and among FLRA 

components. Performance evaluation indicators are designed to measure performance to ensure 

that disputes are resolved impartially and promptly. 

II. AGENCY STRUCTURE AND ADMINISTRATION

The Statute establishes three distinct components within the FLRA: the Authority, the General 

Counsel of the Authority, and the Federal Service Impasses Panel. The Authority and the Office 

of General Counsel are composed of three Members and one General Counsel, respectively, 

appointed by the President by and with the advice and consent of the Senate.4

 The Federal 

Service Impasses Panel is an entity within the FLRA that is composed of a Chairman and at least 

six other members, appointed by the President.5

 

Under the Statute, the FLRA components have different and separate roles with respect to 

various legal proceedings. The responsibilities for agency-wide administrative functions such as 

purchasing, human resources, budgeting, finance, information technology, and the leasing of 

office space reside with the FLRA Chairman, who is, pursuant to section 7104(b) of the Statute 

an Authority component member designated by the President to serve as the FLRA’s chief 

executive and administrative officer. The FLRA administrative law judges are under the general 

 

1 Public Law 95-454, 5 U.S.C. § 7101 et seq. 2 The Postal Reorganization Act (Public Law 91-375, Aug. 12, 1970) governs labor-management relations in the Postal Service. 3 See generally, 5 U.S.C. § 7101(a)(2).

4 5 U.S.C. § 7104(a) and (f)(1). 

5 5 U.S.C. § 7119. 
FLRA Strategic Plan (FY2004-2009) 4

supervision of the Authority. The immediate staffs of Authority Members, the General Counsel 

of the Authority, and the Federal Service Impasses Panel are under the general supervision of 

their respective members or component heads. 

III. AGENCY MISSION AND STATUTORY RESPONSIBILITIES

The mission of the FLRA is to carry out five primary statutory responsibilities as efficiently as 

possible and in a manner that gives full effect to the rights afforded employees and agencies 

under the Statute. Under the Statute, the primary responsibilities of the FLRA include: 

• determining the appropriateness of units for labor organization 

representation;6

• adjudicating exceptions to arbitrator’s awards;7

• resolving complaints of unfair labor practices;8

 

• resolving impasses;9

 and 

• resolving issues relating to the duty to bargain.10

A. Representation Proceedings

Representation cases arise through the filing of a representation petition 

requesting: (1) an election to determine whether a labor organization represents a 

majority of agency employees in an appropriate bargaining unit; (2) clarification 

or amendment of an existing bargaining unit; or (3) consolidation of two or more 

bargaining units. An employee, group of employees, individual, labor 

organization acting on behalf of employees, or an agency may file a petition. The 

role of the FLRA in representation proceedings involves one or more of the 

following: 

• investigate the petition; 

• conduct a hearing, if necessary, to analyze matters raised in the 

petition; 

• conduct an election, if warranted; resolve any post-election objections, 

and certify the results of the election; 

• issue a decision and order resolving matters raised in the petition. 

B. Unfair Labor Practices

 

Under the Statute and similar to the NLRA, the Authority and the General 

Counsel of the Authority have independent legal functions. The General Counsel 

of the Authority is solely responsible for investigating charges of unfair labor 

practice. The General Counsel exercises prosecutorial discretion in determining 

 

6

 5 U.S.C. § 7112 

7

 5 U.S.C. § 7122 

8

 5 U.S.C. § 7118 

9

 5 U.S.C. § 7119 

10 5 U.S.C. § 7117 
FLRA Strategic Plan (FY2004-2009) 5

whether to issue complaints with respect to a charge of unfair labor practice and 

to prosecute the complaint(s) before an FLRA administrative law judge. Unfair 

labor practice cases reach the Authority on appeal from an administrative law 

judge decision. The Authority, acting as a quasi-judicial body, decides the unfair 

labor practice case. The non-prevailing party may appeal the Authority’s decision 

to the U.S. Court of Appeals. 

C. Arbitration Exception(s) Adjudication

Either party to an arbitration may file one or more exceptions to the arbitral award 

with the Authority. The Authority reviews the case to determine whether the 

award is deficient - - 

• because it is contrary to any law, rule, or regulation; or 

• on other grounds similar to those applied by Federal courts in 

private sector labor-management relations; 

If the Authority finds the arbitral award deficient, the Authority may take such 

action concerning the award as is necessary, consistent with applicable laws, 

rules, or regulations. 

D. Issues and Impasses Relating to Bargaining

1. Negotiation Impasses 

The role of the Federal Service Impasses Panel (FSIP) substitutes 

for the strike and the lockout in the Federal sector. The FSIP has 

broad statutory authority to resolve negotiation impasses over 

conditions of employment in the Federal sector. Once the FSIP 

asserts jurisdiction in an impasse, the parties are presented with 

one or more procedures for voluntary resolution of the impasse(s), 

including informal conferences, mediation, and arbitration. If the 

procedures selected do not result in a settlement, the FSIP may 

then take whatever final action is necessary to resolve the dispute, 

including the issuance of a Decision and Order. The Order is 

binding during the term of the parties’ collective bargaining 

agreement unless the parties agree otherwise. 

2. Duty to Bargain Resolution 

Whereas an unfair labor practice is filed for objections to any 

bargaining over a subject and resolution of a negotiation impasse is 

sought for problems with results, negotiability disputes arise when 

there are questions regarding the legality of the matter at issue. 

Under the Statute, the Authority is charged with adjudicating 

negotiability disputes. 
FLRA Strategic Plan (FY2004-2009) 6

IV. GOAL AND OBJECTIVES

A. Goal

The FLRA has a single goal: To resolve disputes impartially and promptly. 

B. Objectives

1. Representation Proceedings 

• Investigate petitions promptly. 

• Advise parties of agency rules, procedures, and 

established precedent. 

• Where appropriate, conduct hearings and elections 

promptly. 

• Afford appropriate administrative due process to the 

parties involved in questions concerning 

representation. 

• Resolve representation questions in a timely 

manner. 

2. Unfair Labor Practice Proceedings 

• Investigate unfair labor practice charges promptly. 

• Advise parties of agency rules, procedures, and 

established precedent. 

• Conduct effective settlement programs. 

• Where appropriate, conduct trials in a timely 

manner. 

• Afford appropriate administrative due process to the 

parties involved in unfair labor practice disputes. 

• Issue unfair labor practice decisions in a timely 

manner. 

• Provide prompt and appropriate remedial relief 

when violations are found. 

3. Arbitration Exceptions 

• Screen exceptions promptly. 

• Advise parties of agency rules, procedures, and 

established precedent. 

• Afford appropriate administrative due process to the 

parties involved in arbitration exception disputes. 
FLRA Strategic Plan (FY2004-2009) 7

• Issue arbitration exception cases in a timely manner. 

4. Negotiation Impasses 

• Screen impasses promptly. 

• Advise parties of agency rules, procedures, and 

established precedent. 

• Assist the parties in voluntarily resolving 

negotiation impasses in a timely manner. 

• Afford appropriate administrative due process to the 

parties involved in a negotiation impasse. 

• Where necessary, promptly issue decisions 

resolving negotiation impasses. 

5. Duty to Bargain Questions 

• Screen duty to bargain questions promptly. 

• Advise parties of agency rules, procedures, and 

established precedent. 

• Afford appropriate administrative due process to the 

parties involved in a negotiation dispute. 

• Issue negotiability determinations in a timely 

manner. 

V. STRATEGIES AND MEANS

A. Strategies

• Establish time limits within which petitions, charges, exceptions, 

impasses, and duty to bargain questions shall be investigated and 

screened. 

• Establish procedures ensuring that the parties are made aware of 

agency rules, procedures, and established precedent. 

• Establish and administer programs and procedures to narrow and settle 

disputes. 

• Establish time limits within which hearings and trials will be 

conducted. 

• Establish procedures ensuring appropriate administrative due process 

is afforded to parties involved in disputes. 

• Establish time limits within which decisions and resolutions will be 

issued. 

• Establish procedures ensuring that violations are promptly and 

appropriately remedied. 
FLRA Strategic Plan (FY2004-2009) 8

B. Means

• Communicate agency goals throughout the agency and to the federal 

labor relations community. 

• Adopt operational processes and work methods that will enable the 

agency to meet its goal and objectives. 

• Develop and recruit staff that will enable the agency to meet its goal 

and objectives. 

• Utilize and upgrade technology that will enable the agency to meet its 

goal and objectives. 

• Allocate resources in a manner that will enable the agency to meet its 

goal and objectives. 

VI. EXTERNAL FACTORS

The goal and objectives set forth in this strategic plan represent the agency’s best effort to 

plan for the future. However, the agency’s ability to accomplish its goal and objectives is 

dependent upon a number of external factors that are not within the agency’s control: 

A. Budget

Adequate funding for the maintenance of necessary staff and support functions is 

essential for attainment of the goal and objectives. 

B. Case Intake

A relatively stabile case intake is assumed. An unexpectedly large increase in the 

number or complexity of cases brought to the agency could imperil the agency’s 

ability to meet its goal and objectives. 

C. Presidential Appointees

The timely naming of Presidential appointees and their confirmation by the 

Senate is a factor that could impact the agency’s ability to meet the goal and 

objectives set forth in this strategic plan. 

D. Legislative Changes

Statutory changes to either the agency’s enabling legislation or to other statutes 

that directly impact the agency could affect the agency’s ability to meet its goal 

and objectives. 

VII. PROGRAM EVALUATION

In developing the goal and objectives in this strategic plan, the agency has analyzed the needs 

and desires of the federal labor-relations community. The strategies described herein will enable 
FLRA Strategic Plan (FY2004-2009) 9

the FLRA to be more responsive to that community. In this regard, the FLRA will endeavor to 

shorten time it takes to resolve disputes and has determined that this can be accomplished by 

establishing time limits and procedures that will expedite dispute resolution. An improved and 

centralized case tracking system will assist the agency in monitoring the time it takes to 

investigate, screen, and resolve disputes. The FLRA will also attempt to ensure that parties are 

aware of the FLRA’s rules, procedures, and precedent by ensuring that these matters are 

accessible on the agency’s web site and by furthering the agency’s e-government initiatives. 

Finally, the FLRA will ensure that parties are afforded appropriate administrative due process 

through the agency’s rule-making authority enabling it to adopt and revise necessary regulations.