PART I - REMEDIAL AUTHORITY UNDER THE STATUTE
Q. #1: What is the statutory authority for the Federal Labor Relations Authority to order agencies and unions to take remedial action for committing unfair labor practice violations?
Sections 7105 (g)(3) and 7118 (a)(7) of the Statute contain the Authority's remedial power. In sum, the Authority is empowered to: (1) issue cease and desist orders; (2) require parties to negotiate a contract and to give it retroactive effect; (3) order reinstatement of an employee with backpay; and (4) order any remedial action necessary to carry out the purposes and policies of the Statute.
Q. #2: What are the limitations on the Authority's remedial powers?
The Authority and the courts have concluded that Congress intended to provide the Authority with broad remedial power. The Statute's broad grant of remedial power to the Authority is tempered only by reference to the purpose of the Statute, which embodies the balance of interests between and among employees, unions, and agencies, and consistency with external law.
Q. #3: Does the Statute's management rights clause limit the Authority's remedial power?
No. Section 7106 of the Statute (the management rights clause) does not diminish the Authority's remedial powers. This clause limits only the scope of collective bargaining under the Statute. For example, the Authority will specifically name in its order the title of the appropriate agency or union official to sign a remedial notice.