[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: 5CFR2424.40]

[Page 409]
 
                    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 E--Decision and Order
 
Sec. 2424.40  Authority decision and order.


    (a) Issuance. Subject to the requirements of this part, the 
Authority will expedite proceedings under this part to the extent 
practicable and will issue to the exclusive representative and to the 
agency a written decision, explaining the specific reasons for the 
decision, at the earliest practicable date. The decision will include an 
order, as provided in paragraphs (b) and (c) of this section, but, with 
the exception of an order to bargain, such order will not include 
remedies that could be obtained in an unfair labor practice proceeding 
under 5 U.S.C. 7118(a)(7).
    (b) Cases involving proposals. If the Authority finds that the duty 
to bargain extends to the proposal, or any severable part of the 
proposal, then the Authority will order the agency to bargain on request 
concerning the proposal. If the Authority finds that the duty to bargain 
does not extend to the proposal, then the Authority will dismiss the 
petition for review. If the Authority finds that the proposal is 
bargainable only at the election of the agency, then the Authority will 
so state. If the Authority resolves a negotiability dispute by finding 
that a proposal is within the duty to bargain, but there are unresolved 
bargaining obligation dispute claims, then the Authority will order the 
agency to bargain on request in the event its bargaining obligation 
claims are resolved in a manner that requires bargaining.
    (c) Cases involving provisions. If the Authority finds that a 
provision, or any severable part thereof, is not contrary to law, rule 
or regulation, or is bargainable at the election of the agency, the 
Authority will direct the agency to rescind its disapproval of such 
provision in whole or in part as appropriate. If the Authority finds 
that a provision is contrary to law, rule, or regulation, the Authority 
will dismiss the petition for review as to that provision.