Negotiability Issues

Negotiability disputes occur where unions and agencies disagree over the legality of specific contract proposals or provisions. These disputes involve agency claims that a contract proposal made during bargaining involves a subject that is outside the duty to bargain under all circumstances. They also occur where an agency head disapproves negotiated contract language on the ground that it is contrary to law. Examples of these disputes include whether a proposal is contrary to a government wide regulation or whether it affects management rights set out in the Statute.

When an agency refuses to bargain over a proposal because it claims that it is not negotiable, the union may file an appeal with the Authority. There are specific regulations that govern when an agency claim of this sort triggers a right to f