Union Response to Agency Statement of Position on Petition for Review of Negotiability Issues For Use With Disapproved Provisions - FLRA FORM 203

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 Union's representative in response to the Agency's statement of position. Section 2424.25 of the Authority's Regulations provides that the purpose of this response is to inform the Authority and the Agency why, despite the Agency's arguments in its statement of position, the contract language at issue is legal, and whether the Union disagrees with any facts or arguments in the Agency's statement of position.

Unless the time limit for filing has been extended pursuant to section 2424.23 or part 2429 of the Authority's Regulations, the Union must file this response within fifteen (15) calendar days after the date the Union receives a copy of the Agency's statement of position.

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.

Part I     Background Information

1.     Case Number and Case Caption

2.     Was there a post-petition conference in this case?

  [  ] Yes      [  ] No

2a.     If Yes, do you agree with the information contained in the report of the post-filing conference?

  [  ] Yes      [  ] No

2b.     If No, explain and provide appropriate information in support of your explanation.

Part II     Response to Agency's Statement of Position

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Set forth the Union's position on any matters raised in the Agency statement of position that it wishes the Authority to consider in reaching its decision, including a statement of the arguments and authorities supporting any position. You do not need to repeat information or arguments that are contained in your petition for review. In setting forth your response, answer questions 3 through 8, providing separate answers for each provision that require an explanation to those questions.

The Union is responsible for raising and supporting arguments that a provision is within the duty to bargain at the Agency's election or not contrary to law. Where the Union has asserted that severance is appropriate, the Union is also responsible for raising and supporting arguments why severance is 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.

For each argument, cite any law, rule, regulation, section of a collective bargaining agreement, or other authority relied in your argument or referenced in the provision. Attach to this response 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.

If your statement is more than 25 pages long, you must include a table of contents and table of authorities.

Are copies of materials attached?

  [  ] Yes      [  ] No

If Yes, list the materials attached:

PROVISION                          

3.     Do you disagree with any claim regarding the provision made by the Agency in questions 7 through 10 of the Agency's statement of position?

  [  ] Yes      [  ] No

3a.     If Yes, explain why and provide support for you explanation as to each claim with which you disagree. You do not have to repeat arguments you already made in the petition for review.

4.     If the Agency contends that the provision interferes with a management right set out in 5 U.S.C. § 7106(a), does the Union claim that the provision requires that the Agency comply with an applicable law within the meaning of 5 U.S.C. § 7106(a)(2)?

  [  ] Yes      [  ] No

4a.     If Yes, identify the applicable law and explain how that law relates to the provision.

5.     Does the Union claim that the provision concerns a matter negotiable at the election of the agency under 5 U.S.C. § 7106(b)(1)?

  [  ] Yes      [  ] No     [  ] Answered in Petition for Review

5a.     If Yes, explain why and provide support for your explanation.

5b.     If Yes, explain which category (e.g., numbers types and grades, technology) it concerns and why?

6.     Does the Union claim that the provision constitutes a negotiable procedure as set forth in 5 U.S.C. § 7106(b)(2)?

  [  ] Yes      [  ] No     [  ] Answered in Petition for Review

6a.     If Yes, explain why and provide support for your explanation.

7.     Does the Union claim that the provision constitutes an appropriate arrangement for employees adversely affected by the exercise of management rights, as set forth in 5 U.S.C. § 7106(b)(3)?

  [  ] Yes      [  ] No     [  ] Answered in Petition for Review

7a.     If Yes, explain why and provide support for your explanation support. In your explanation, be sure to include the following:

  • Identify the management right the provision addresses.
     
  • Identify the employees who the Union asserts will be adversely affected by the exercise of that management right.
     
  • Describe what that adverse affect is and why it is adverse.
     
  • Describe what the impact is of the provision.
     
  • Describe all those employees that the arrangement will impact and explain how it will help.
     
  • Describe any employees who are not adversely affected by the exercise of management's right that the provision may impact.
     
  • Describe how the provision would interfere with management's rights.

8.     If the Agency is relying on Agency rule(s) or regulation(s) in its statement of position:

8a.     Does the Union claim that the rule(s) or regulation(s) violate any applicable law, rule regulation, the parties' collective bargaining agreement, or other appropriate authority outside the Agency?

  [  ] Yes      [  ] No

If Yes, explain why and provide support for your explanation.

8b.     Does the Union assert that the rule(s) or regulation(s) were not issued by the Agency or by any primary national subdivision of the Agency, or that they are otherwise not applicable to bar negotiations under 5 U.S.C. § 7117(a)(3)?

  [  ] Yes      [  ] No

If Yes, explain why and provide support for your explanation.

8c.     If the Agency contends that a compelling need exist for the rule(s) or regulation(s) to bar negotiations, does the Union assert that such a need does not exist?

  [  ] Yes      [  ] No

If Yes, explain why and provide support for your explanation.

Part III     Severance

Severing a provision into separate parts makes each part the subject of a separate determination regarding its legality. Severance requires that each part has independent meaning, and should be sought only where you have an interest in determining whether any of the separate parts is legal even if the other part or parts is not.

9.     If you have not previously indicated in the petition for review, do you wish to sever any part(s) of the provision(s)?

  [  ] Yes      [  ] No

9a.     If Yes, specify which provision you wish severed?

9b.     If Yes, explain how each of the severed portions stands alone and would operate?

10.     If the Agency in its statement of position has opposed a previous request for severance and you disagree, explain why severance is appropriate despite the Agency's argument(s).

Part IV     Checklist with Statement of Service and Signature

All documents filed with the Authority must comply with the requirements set forth in part 2429 of the Authority's Regulations.

A complete copy (including all attachments) of a Union response to Agency statement of position on petition for review of negotiability issues must:

  • Be served by certified mail, first-class mail, commercial delivery, or in person on:
         (1) the Principle Agency Bargaining Representative at the negotiations; and
         (2) the Head of the Agency (or designee) ..... (5 C.F.R. §§ 2424.2(g) & 2429.27(b))
  • Contain a signed and dated statement of service with names and addresses of parties served, date of service, nature of document served, and whether by certified mail or personal delivery. (See below) ..... (5 C.F.R. § 2429.27(c))
  • Contain an original and 5 complete and legible copies of all documents ..... (5 C.F.R. §2429.25)
  • Be addressed to:
Case Intake and Publication
Federal Labor Relations Authority
Docket Room, Suite 201
1400 K Street, NW.
Washington, D.C. 20424-0001

Statement / Certificate of Service to be used by Union in filing a response to Agency statement of position on petition for review of negotiability issues.


STATEMENT OF SERVICE

I certify that a complete copy of the Union's response, including all attachments, in the case of the [UNION and AGENCY], case number