[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: 5CFR2424.25]

[Page 405-406]
 
                    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. 2424.25  Response of the exclusive representative; purpose; time limits; content; severance; service.

    (a) Purpose. The purpose of the exclusive representative's response 
is to inform the Authority and the agency why, despite the agency's 
arguments in its statement of position, the proposal or provision is 
within the duty to bargain or not contrary to law, respectively, and 
whether the union disagrees with any facts or arguments in the agency's 
statement of position. As more fully explained in paragraph (c) of this 
section, the exclusive representative is required in its response to, 
among other things, state why the proposal or provision does not 
conflict with any law, or why it falls within an exception to management 
rights, including permissive subjects under 5 U.S.C. 7106(b)(1), and 
procedures and appropriate arrangements under section 7106(b) (2) and 
(3). Another purpose of the response is to permit the exclusive 
representative to request the Authority to sever portions of the 
proposal or provision and to explain why and how it can be done.
    (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, 
within fifteen (15) days after the date the exclusive representative 
receives a copy of an agency's statement of position, the exclusive 
representative must file a response.
    (c) Content. The response must be on a form provided by the 
Authority for that purpose, or in a substantially similar format. With 
the exception of a request for severance pursuant to paragraph (d) of 
this section, the exclusive representative's response is specifically 
limited to the matters raised in the agency's statement of position. The 
response must be dated and must include the following:
    (1) Any disagreement with the agency's bargaining obligation or 
negotiability claims. The exclusive representative must state the 
arguments

[[Page 406]]

and authorities supporting its opposition to any agency argument, and 
must include specific citation to any law, rule, regulation, section of 
a collective bargaining agreement, or other authority relied on by the 
exclusive representative, and provide a copy of any such material that 
is not easily available to the Authority. The exclusive representative 
is not required to repeat arguments made in the petition for review. If 
not included in the petition for review, the exclusive representative 
must state the arguments and authorities supporting any assertion that 
the proposal or provision does not affect a management right under 5 
U.S.C. 7106(a), and any assertion that an exception to management rights 
applies, including:
    (i) Whether and why the proposal or provision concerns a matter 
negotiable at the election of the agency under 5 U.S.C. 7106(b)(1);
    (ii) Whether and why the proposal or provision constitutes a 
negotiable procedure as set forth in 5 U.S.C. 7106(b)(2);
    (iii) Whether and why the proposal or provision constitutes an 
appropriate arrangement as set forth in 5 U.S.C. 7106(b)(3); and
    (iv) Whether and why the proposal or provision enforces an 
``applicable law,'' within the meaning of 5 U.S.C. 7106(a)(2).
    (2) Any allegation that agency rules or regulations relied on in the 
agency's statement of position violate applicable law, rule, regulation 
or appropriate authority outside the agency; that the rules or 
regulations were not issued by the agency or by any primary national 
subdivision of the agency, or otherwise are not applicable to bar 
negotiations under 5 U.S.C. 7117(a)(3); or that no compelling need 
exists for the rules or regulations to bar negotiations.
    (3) A table of contents and a table of legal authorities cited if 
the response to an agency statement of position exceeds 25 double-spaced 
pages in length.
    (d) Severance. If not requested in the petition for review, or if 
the exclusive representative wishes to modify the request in the 
petition for review, the exclusive representative may request severance 
in its response. The exclusive representative must support its request 
with an explanation of how the severed portion(s) of the proposal or 
provision may stand alone, and how such severed portion(s) would 
operate. The exclusive representative also must respond to any agency 
arguments regarding severance made in the agency's statement of 
position. The explanation and argument in support of the severed 
portion(s) must meet the same requirements for specific information set 
forth in paragraph (c) of this section.
    (e) Service. A copy of the response of the exclusive representative, 
including all attachments, must be served in accord with Sec. 2424.2(g).