[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: 5CFR2424.26]

[Page 406-407]
 
                    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. 2424.26  Agency's reply; purpose; time limits; content; service.

    (a) Purpose. The purpose of the agency's reply is to inform the 
Authority and the exclusive representative whether and why it disagrees 
with any facts or arguments made for the first time in the exclusive 
representative's response. As more fully explained in paragraph (c) of 
this section, the Agency is required in the reply to, among other 
things, provide the reasons why the proposal or provision does not fit 
within any exceptions to management rights that were asserted by the 
exclusive representative in its response, and to explain why severance 
of the proposal or provision is not appropriate.
    (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 agency receives a copy of 
the exclusive representative's response to the agency's statement of 
position, the agency may file a reply.
    (c) Content. The reply must be on a form provided by the Authority 
for that purpose, or in a substantially similar format. The agency's 
reply is specifically limited to the matters raised for the first time 
in the exclusive representative's response. The agency's reply must 
state the arguments and authorities supporting its reply, cite with 
specificity any law, rule, regulation, section of a collective 
bargaining agreement, or other authority relied on, and provide a copy 
of any material that is not easily available to the Authority. The 
agency is not required to repeat arguments made in its

[[Page 407]]

statement of position. The agency's reply must be dated and must include 
the following:
    (1) Any disagreement with the exclusive representative's assertion 
that an exception to management rights applies, including:
    (i) Whether and why the proposal or provision concerns a matter 
included in section 7106(b)(1) of the Federal Service Labor-Management 
Relations Statute;
    (ii) Whether and why the proposal or provision does not constitute a 
negotiable procedure as set forth in section 7106(b)(2) of the Federal 
Service Labor-Management Relations Statute;
    (iii) Whether and why the proposal or provision does not constitute 
an appropriate arrangement as set forth in section 7106(b)(3) of the 
Federal Service Labor-Management Relations Statute;
    (iv) Whether and why the proposal or provision does not enforce an 
``applicable law,'' within the meaning of section 7106(a)(2) of the 
Federal Service Labor-Management Relations Statute;
    (2) Any arguments in reply to an exclusive representative's 
allegation in its response 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; and
    (3) A table of contents and a table of legal authorities cited, if 
the agency's reply to an exclusive representative's response exceeds 25 
double-spaced pages in length.
    (d) Severance. If the exclusive representative requests severance 
for the first time in its response, or if the request for severance in 
an exclusive representative's response differs from the request in its 
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 reply, including all 
attachments, must be served in accord with Sec. 2424.2(g).