USE THIS FORM ONLY FOR NEGOTIABILITY DISPUTES WHERE THE UNION HAS SUBMITTED A BARGAINING PROPOSAL TO THE AGENCY AND THE PARTIES HAVE NOT REACHED AGREEMENT ON THE PROPOSAL AND ITS NEGOTIABILITY.
Important Information: This form is to be used to initiate a negotiability proceeding and provide the Agency with notice that the Union requests a decision from the Authority that specific contract language is negotiable. Section 2424.22 of the Authority's Regulations requires the Union in the petition for review to, among other things, set out the exact language of its proposal(s), explain the meaning of the language, explain how it is intended to operate, explain technical or unusual terms, and provide copies of materials that support the Union's position.
The information requested below may be provided on this form or in a separately created document. If you have questions about completing this form, please contact the Authority's Office of Case Intake and Publication at (202) 218-7740.
The regulations governing negotiability proceedings are in 5 C.F.R. part 2424, and are available here.
On receipt of the petition for review, a representative of the Authority will schedule a conference concerning this petition.
Part I Background Information
1. Name and address of Petitioning Union:
2. Union Representative Contact Information:
Name:
Title:
Address (if different from Question 1):
Phone:
Fax:
Email:
3. Name and address of Agency:
4. Agency Representative Contact Information:
Name:
Title:
Address (if different form Question 3):
Phone:
Fax:
Email:
5. Agency Head or Agency Head Designee Contact Information:
Name:
Title:
Address (if different form Question 3):
Phone:
Fax:
Email:
6. How many proposals are in dispute?
7. Did you receive a written allegation of nonnegotiability from the Agency claiming that each proposal was not negotiable?
[ ] Yes [ ] No
7a. If Yes, what was the date of the allegation?
i. Attach a copy of the allegation.
7b. If No, did you request such a written statement from the Agency? If you have, attach a copy of the request.
8. Are there or were there any related Court, FLRA, Federal Service Impasses Panel (FSIP) or other proceedings concerning the same contract language?
[ ] Yes [ ] No
8a. If Yes, which of the following proceedings?
i. An unfair labor practice charge[ ] Yes [ ] No
If Yes, explain in detail how the unfair labor practice charge is related to this negotiability proceeding and provide the following:
What date was it filed?
What is the status of the case?
What is the case number?
ii. A proceeding before the FSIP[ ] Yes [ ] No
If Yes, explain in detail how the proceeding before FSIP is related to this negotiability proceeding and provide the following:
What date was it filed?
What is the status of the case?
What is the case number?
iii. A related petition for review of negotiability issues[ ] Yes [ ] No
If Yes, explain in detail how the petition for review of negotiability issues is related to this negotiability proceeding and provide the following:
What date was it filed?
What is the status of the case?
What is the case number?
iv. A related grievance[ ] Yes [ ] No
If Yes, explain in detail how the grievance is related to this negotiability proceeding and provide the following:
What date was it filed?
What is the case number?
What is the status of the case?
Part II Alternative Dispute Resolution (ADR)
The Authority offers ADR services to help parties resolve their negotiability disputes through our partenership with the Federal Mediation and Conciliation Service. ADR provides an alternative to traditional case processing. If you are interested in ADR assistance or information regarding any of its services, you may contact the office of Case Intake and Publication at (202) 218-7740, or exploreadr@flra.gov.
9. Are you interested in attempting to resolve this matter with the assistance of ADR?
[ ] Yes [ ] No
Part III The Proposals
 |
For each proposal answer questions 10 through 14. Provide separate answers for each proposal. |
PROPOSAL _____
10. Set out the exact wording of the proposal sought to be negotiated.
11. Explain the meaning of the proposal including: any special terms or phrases, technical language, or other words that are not in common usage.
12. Describe how the proposal is intended to work and what impact it will have. Where the proposal concerns a particular work situation, or other particular circumstances, describe the situation or circumstances that will enable the Authority to understand how each proposal is intended to apply.
13. If the Agency has explained the basis of any allegation that the proposal is not negotiable, you may choose to attach a statement describing your legal arguments concerning the negotiability of these proposals. You may also wait and provide your arguments in response to the Agency's statement of position. If you choose to provide your legal arguments with this petition, you may explain, but not change, those arguments in later filings.
For all statements, cite any law, rule, regulation, section of a collective-bargaining agreement, or other authority relied on in your argument or referenced in the proposal. Attach to this petition a copy of all such material, except you do not have to provide a copy of federal statutes, government-wide regulations, or judicial and administrative decisions.
If your statement is more than 10 pages long, you must include a table of contents.
Are copies of materials attached?[ ] Yes [ ] No
If Yes, list the materials attached:
14. Do you wish to "sever" any part of the proposal? Severing a proposal into separate parts makes each part the subject of a separate negotiability determination. Severance requires that each part has independent meaning, and should be sought only where you have an interest in determining whether any of the separate parts is within the duty to bargain or is contrary to law even if the other part is not.
[ ] Yes [ ] No
14a. If Yes, specify which proposals you wish severed, how they are to be severed, and the independent meaning of the severed part.
Part IV Hearing
15. Do you believe that a hearing or other fact-finding procedure is necessary to resolve any issues presented in this case?
[ ] Yes [ ] No
15a. If Yes, explain what those issues are and why they require a hearing.
Part V Responsibilities of the Union
After filing the petition for review, the Union is responsible for participating in a conference and responding to any Authority Order.
Failure to participate in a conference under section 2424.23 of the Authority's Regulations, a direction or proceeding under section 2424.31 or otherwise failure to provide timely or responsive information pursuant to an Authority Order may result in dismissal of the petition for review. 5 C.F.R. § 2424.32.
Part VI Checklist with Statement of Service and Signature
All documents filed with the Authority must comply with the requirements set forth in part 2429 of the Authority's Regulations.
A complete copy (including all attachments) of a petition for review must:
- Be served by certified mail, first-class mail, commercial delivery, in person, or email (but only when the receiving party has agreed to be served by email) on: (1) Principal Agency Bargaining Representative at the negotiations; and (2) the Head of the Agency (or designee) (5 C.F.R. §§ 2424.2(g) & 2429.27(b))
- Contain a signed and dated statement of service with names and addresses of parties served, date of service, nature of document served, and whether by certified mail or personal delivery. (See below) (5 C.F.R. § 2429.27(c))
- Contain an original and 4 complete and legible copies of all documents (5 C.F.R. § 2429.25)
- Be addressed to:
Case Intake and Publication
Federal Labor Relations Authority
Docket Room, Suite 201
1400 K Street, NW.
Washington, D.C. 20424-0001
Statement / Certificate of Service to be used by Union in filing a petition for review of negotiability issues.
STATEMENT OF SERVICE
I certify that a complete copy of the petition for review, including all attachments, in the case of the [UNION and AGENCY] were filed with the Office of Case Intake and Publication, Federal Labor Relations Authority, Washington, D.C., and were sent this day to:
Agency Principal Bargaining Representative
[Title and Mailing Address]
(The Principal Bargaining Representative is the
individual who signed the Agency allegation.)
The Head of the Agency (or designee) */
[Title and Mailing Address]
Indicate near each name the Method of Service
_______________ _______________
Date Name of filing party
_______________
Signature of Union's representative
*/ For example, for components of the U.S. Department of Defense, the Head of the Agency (or "Agency Head") is the Secretary of Defense, or his or her designee.