U.S. Federal Labor Relations Authority

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Jurisdictional Questions

In the course of investigating a request for assistance, a party may claim that a matter is outside its duty to bargain.  When that claim is meritorious, the Panel may decide to decline jurisdiction over a request for assistance.  But if subsequent research reveals that the claim appears to be frivolous, the Panel will not permit it to block the processing of an impasse.  In certain circumstances, such as a multi-issue impasse where the claim raises a serious question, the Panel may nevertheless determine to assert jurisdiction in an attempt to work around the matter, with the goal of assisting the parties in resolving the entire dispute.