Petition For Review of Negotiability Issues Proposals - FLRA FORM 208

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. The form is available over the Internet, at www.flra.gov, in a format that can be completed using standard word processing software. If you have questions about completing this form, please contact Case Intake and Publication at (202) 218-7740.

The regulations governing negotiability proceedings are in 5 C.F.R. part 2424, and are available on the Internet at www.flra.gov.

On receipt of the petition for review, a representative of the Authority will schedule a conference concerning this petition. Every effort will be made to conduct this conference by telephone or in person within ten (10) calendar days of the filing of the petition for review.

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:

3.     Name and address of Agency:

4.     Agency Representative Contact Information:

Name:
Title:
Address (if different form Question 3):
Phone:                          Fax:

5.     How many proposals are in dispute?

6.     Did you receive a written allegation of nonnegotiability from the Agency claiming that each proposal was not negotiable?

  [  ] Yes      [  ] No

6a.     If Yes, what was the date of the allegation?

i.     Attach a copy of the allegation.

6b.     If No, did you request such a written statement from the Agency? If you have, attach a copy of the request.

7.     Are there or were there any related Court, FLRA, Federal Service Impasses Panel (FSIP) or other proceedings concerning the same contract language?

[  ] Yes      [  ] No

7a.     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 its Collaboration and Alternative Dispute Resolution Office (CADRO). CADRO provides an alternative to traditional case processing and is available on a voluntary basis. If you are interested in CADRO assistance or information regarding any of its services, you may contact the CADRO staff at (202) 218-7933.

8.     Are you interested in attempting to resolve this matter with the assistance of CADR?

[  ] Yes      [  ] No

Part III     The Proposals

9.     Set out the exact language of all of the proposals sought to be negotiated.

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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 25 pages long, you must include a table of contents and table of authorities.

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 issue 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, or in person 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 5 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 Case Intake and Publication, Federal Labor Relations Authority, Washington, D.C., and were sent this day to:

Ag