Statement of Agency Position on Petition for Review of Negotiability Issues For Use With Disapproved Provisions - FLRA FORM 209
USE THIS FORM ONLY IF THE UNION IS SEEKING REVIEW OF A PROVISION AGREED TO BY THE UNION AND AGENCY REPRESENTATIVE, THAT HAS BEEN DISAPPROVED BY THE AGENCY HEAD ON REVIEW PURSUANT TO 5 U.S.C. § 7114(C) .
Important Information: This form is to be completed by the Agency in response to a Union's petition for review. The purpose of the statement of position is to inform the Authority and the Union's representative why the Agency Head contends that specific contract language is illegal . Section 2424.24 of the Authority's Regulations requires the Agency in this statement of position to, among other things, set forth its understanding of each provision, state any disagreement with the facts, arguments or meaning of each provision set forth in the Union's petition for review and supply all argument and authorities in support of its position.
Unless the time limit for filing has been extended pursuant to section 2424.23 or part 2429 of the Authority's Regulations, the Agency must file the statement of position within thirty (30) calendar days after the date the head of the Agency receives a copy of the Union's petition for review.
The information requested below may be provided on this form or in a separately created document. The form is available over the Internet, at www.flra.gov, in a format that can be completed using standard word processing software. If you have questions about completing this form, please contact Case Intake and Publication at (202) 218-7740.
The regulations governing negotiability proceedings are in 5 C.F.R. part 2424 of the Authority's Regulations, and are available on the Internet at www.flra.gov.
Part I Background Information
1. Case Number and Case Caption
2. Name and Address of Agency
3. Agency Head or Agency Head Representative contact information
Address (if different from Question 2):
4. Do you agree with background information presented in the Union's answers to questions 1 through 8 in its Petition for Review?
[ ] Yes [ ] No
4a. If No, explain and provide appropriate information in support of your explanation.
5. Was a post-petition conference conducted in this case?
[ ] Yes [ ] No
5a. If Yes, do you agree with the information contained in the report of the post-petition conference?
[ ] Yes [ ] No
5b. If No, explain and provide appropriate information in support of your explanation.
Part II The Agency's Position
6. Does the Agency wish to withdraw any allegation of illegality of any provision, in whole or part?
[ ] Yes [ ] No Date Withdrawn
6b. If Yes, identify each relevant provision.
For each remaining provision, answer questions 7 through 10. Provide separate answers for each provision.
7. If the Agency's position is different from the Union's position in its petition for review on any of the following, explain, with support, the Agency's position:
7a. The meaning attributed to the provision, including the Union's explanation of the meaning, terms of art, acronyms, technical language or any other aspect of the language of the provision which is not in common usage.
7b. How the provision would work and what impact it will have, including the Agency's basis for disagreeing with the Union's explanation.
Part III Legal Arguments
Set forth the Agency Head'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 legality claims made by the Union in the petition for review.
The Agency is responsible for raising and supporting arguments that each provision is illegal. Where the Union has asserted that severance is appropriate, the Agency, if it objects to that assertion, is also responsible for raising and supporting arguments why severance is not appropriate. Failure to raise and support an argument will, where appropriate, be deemed a waiver of such argument. Failure to respond to an argument or assertion raised by the other party will, where appropriate, be deemed a concession to such argument or assertion. Failure to participate in a post-petition conference under section 2424.23 of the Authority's Regulations, a direction or proceeding under section 2424.31 or otherwise failure to provide timely or responsive information pursuant to an Authority Order may result in granting the petition for review and recission of an agency head disapproval under 5 U.S.C. 7114(c). 5 C.F.R. § 2424.32.
In setting forth your arguments, answer questions 8 through 10. Provide legal arguments addressing each question that you answer "Yes." Provide separate answers for each provision.
For each argument, cite any law, rule, regulation, section of a collective bargaining agreement, or other authority relied on in your argument or referenced in the provision. Attach to this petition a copy of all such material, except you do not have to provide a copy of federal statutes, government-wide regulations, or judicial and administrative decisions.
For each argument, cite any law, rule, regulation, sectio