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Negotiability | FLRA Jump to Navigation FLRA.gov U.S. Federal Labor Relations Authority RSS FEEDS Search form Search Menu eFilingAvailable Here HomeWell-nighIntroduction to the FLRA Mission Budget & Performance Organizational Chart FLRA Leadership Press Releases Public Affairs Featured Topics Our Mission Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while up-and-coming an constructive and efficient government through the wardship of the Federal Service Labor-Management Relations Statute.   Feedback well-nigh www.FLRA.gov Let us know what you think well-nigh our new and improved website by emailing us at EngagetheFLRA@flra.gov. 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You are hereHomeCase Types Negotiability Negotiability Negotiability disputes Negotiability disputes occur when a union and an organ disagree over the legality of contract proposals or provisions.  Proposal Cases A negotiability dispute may occur when a union and an organ involved in joint bargaining disagree well-nigh whether the organ is required, or permitted, to negotiate over a matter proposed by the union.  The union may file a petition for review with the Authority if the organ alleges that its duty to undear does not proffer to the proposed matter because: it conflicts with federal law, a government-wide rule or regulation, or an organ regulation for which there is a compelling need; or it concerns a matter that the organ may elect, but is not required, to negotiate under § 7106(b)(1) of the Statute. Provision Cases A negotiability dispute may moreover occur when an organ head, conducting agency-head review under § 7114(c) of the Statute, disapproves a contract provision that the union and the organ at the local level well-set upon.  The union may file a petition for review with the Authority if the organ throne alleges that the provision is not in vibrations with law. Bargaining-Obligation Disputes Generally, unions may not use the negotiability-appeals procedure to resolve bargaining-obligation disputes, which differ from negotiability disputes.  A bargaining-obligation dispute arises when an organ alleges that there is no obligation to undear over a matter because: the proposed contract language is once "covered by" or included in an existing collective-bargaining agreement; the union has waived its right to bargain; an agency-initiated transpiration is too minor to require bargaining (de minimis); or the matter does not pertain to the conditions of employment of bargaining-unit employees. A union seeking to resolve a bargaining-obligation dispute should file an unfair-labor-practice charge. Filing a negotiability request A union may file a petition for review with the Authority if the parties are involved in a negotiability dispute.  In most cases, the agency’s statement of position is due without the post-petition conference, which the Authority schedules ;to gather information regarding the proposals or provisions in dispute. Withoutthe union receives a reprinting of the statement of position, the union must file a response to the statement.  And without the organ receives the union's response, the organ may file a reply. Time Limits for Filing Petition for Review:  The union must file its petition for review within 15 days without the stage of an agency's recrimination of nonnegotiability.  But if the organ fails to respond to a union's request for an recrimination of nonnegotiability, then the union must wait at least 10 days without its request, and then it can file its petition for review at any time.  Agency's Statement of Position:  The organ must file its statement with the Authority within 30 days from when the organ receives the union’s petition for review. Union's Response:  If the union wants to dispute any of the claims in the agency’s statement of position, then the union must file a response within 15 days of receiving the agency’s statement. Agency's Reply:  The organ may file a reply to the union’s response within 15 days without the organ receives a reprinting of the response. You can find these time limits, as well as spare information well-nigh the procedural requirements for filings in a negotiability dispute, in the Authority's Regulations. How to File The Authority prefers that parties use the FLRA's eFiling system.  However, copies of the standard negotiability-proceeding forms are misogynist here for parties wishing to file by mail.Spareresources For a increasingly detailed subtitle of negotiability disputes, see the Authority's Guide to Negotiability or the Authority's Regulations. Alternative dispute resolution for negotiability disputes is misogynist through the Collaboration and Alternative Dispute Resolution Office, which applies interest-based dispute-resolution techniques to resolve these disputes without litigation. In This Section File aSpecimenUnfair Labor Practice Representation Arbitration NegotiabilityNegotiability Forms Negotiation Impasse Other Types Resources Guide to Negotiability Alternative Dispute Resolution Negotiability-Proceeding Regulations Upcoming Events Basic Statutory Training Washington, DC December 13, 2018 Status: Accepting waitlist Basic Statutory Training New Orleans, Louisiana December 4, 2018 Status: Closed COMPLETE LIST Federal Labor Relations Authority 1400 K Street, NW Washington, DC 20424 202-218-7770 Footer Menu Col1 HomeWell-nighUs Components & Offices Footer Menu Col2SpecimenTypes Decisions Resources & Training Promo Menu Block eFilingAvailable Here Footer Secondary Menu Español FOIA Inspector General No FEAR Act & EEO OpenGov Privacy Policy Contact Us