[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2424.24]

[Page 404-405]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2424--NEGOTIABILITY PROCEEDINGS (Eff. 4-1-99)--Table of Contents
 
 Subpart C--Filing and Responding to a Petition for Review; Conferences
 
Sec. 2424.24  Agency's statement of position; purpose; time limits; content; severance; service.

    (a) Purpose. The purpose of an agency statement of position is to 
inform the Authority and the exclusive representative why a proposal or 
provision is not within the duty to bargain or contrary to law, 
respectively. As more fully explained in paragraph (c) of this section, 
the agency is required in the statement of position to, among other 
things, set forth its understanding of the proposal or provision, state 
any disagreement with the facts, arguments, or meaning of the proposal 
or provision set forth in the exclusive representative's petition for 
review, and supply all arguments and authorities in support of its 
position.
    (b) Time limit for filing. Unless the time limit for filing has been 
extended pursuant to Sec. 2424.23 or part 2429 of this subchapter, the 
agency must file its statement of position within thirty (30) days after 
the date the head of the agency receives a copy of the petition for 
review.
    (c) Content. The agency's statement of position must be on a form 
provided by the Authority for that purpose, or in a substantially 
similar format. It must be dated and must:
    (1) Withdraw either:
    (i) The allegation that the duty to bargain in good faith does not 
extend

[[Page 405]]

to the exclusive representative's proposal, or
    (ii) The disapproval of the provision under 5 U.S.C. 7114(c); or
    (2) Set forth in full the agency's position on any matters relevant 
to the petition that it wishes the Authority to consider in reaching its 
decision, including a statement of the arguments and authorities 
supporting any bargaining obligation or negotiability claims, any 
disagreement with claims made by the exclusive representative in the 
petition for review, specific citation to any law, rule, regulation, 
section of a collective bargaining agreement, or other authority relied 
on by the agency, and a copy of any such material that is not easily 
available to the Authority. The statement of position must also include 
the following:
    (i) If different from the exclusive representative's position, an 
explanation of the meaning the agency attributes to the proposal or 
provision and the reasons for disagreeing with the exclusive 
representative's explanation of meaning;
    (ii) If different from the exclusive representative's position, an 
explanation of how the proposal or provision would work, and the reasons 
for disagreeing with the exclusive representative's explanation;
    (3) A statement as to whether the proposal or provision is also 
involved in an unfair labor practice charge under part 2423 of this 
subchapter, a grievance pursuant to the parties' negotiated grievance 
procedure, or an impasse procedure under part 2470 of this subchapter, 
and whether any other petition for review has been filed concerning a 
proposal or provision arising from the same bargaining or the same 
agency head review;
    (4) Any request for a hearing before the Authority and the reasons 
supporting such request; and
    (5) A table of contents and a table of legal authorities cited, if 
the statement of position exceeds 25 double-spaced pages in length.
    (d) Severance. If the exclusive representative has requested 
severance in the petition for review, and if the agency opposes the 
exclusive representative's request for severance, then the agency must 
explain with specificity why severance is not appropriate.
    (e) Service. A copy of the agency's statement of position, including 
all attachments, must be served in accord with Sec. 2424.2(g).