Agency Reply to Union Response on Petition for Review of Negotiability Issues For Use With Proposals - FLRA FORM 204

USE THIS FORM ONLY FOR NEGOTIABILITY DISPUTES WHERE THE UNION HAS SUBMITTED A BARGAINING PROPOSAL TO THE AGENCY AND THE PARTIES HAVE NOT REACHED AGREEMENT ON THE PROPOSAL AND ITS NEGOTIABILITY.

Important Information: This form is to be completed by the Agency in reply to issues raised in the Union's response to the Agency's statement of position. Section 2424.26 of the Authority's Regulations provides that the purpose of the reply is to inform the Authority and the Union whether and why the Agency disagrees with any facts or arguments raised for the first time in the Union's response. In this reply, the Agency is to explain why a proposal does not fit within any exception to management rights that was asserted by the Union in its response, and to explain why any severance of the proposal requested is not appropriate.

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 this reply within fifteen (15) calendar days after the date that the Agency receives a copy of the Union' response to 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

Part II     The Agency's Position

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Set forth the Agency's position on any matters raised in the Union's response to the Agency statement of position that you wish the Authority to consider in reaching its decision, including a statement of the arguments and authorities supporting any position. For each argument, answer questions 2 through 9, providing separate answers for each proposal requiring explanations to those questions.

The Agency is responsible for raising and supporting arguments that the proposal is outside the duty to bargain or contrary to law. 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.

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 proposal. Attach to this reply 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:

PROPOSAL                     

2.     If the Union has asserted for the first time in its response that the proposal concerns a matter under section 7106(b)(1), do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

2a.     If No, explain why and provide support for your explanation.

3.     If the Union has asserted for the first time in its response that the proposal is a procedural matter under section 7106(b)(2), do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

3a.     If No, explain why and provide support for your explanation.

4.     If the Union has asserted for the first time in its response that the proposal is an appropriate arrangement under section 7106(b)(3), do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

4a.     If No, explain why and provide support for your explanation.

5.     If the Union has asserted for the first time in its response that the proposal enforces an applicable law within the meaning of section 7106(a)(2), do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

5a.     If No, explain why and provide support for your explanation.

6.     If the Union has asserted for the first time in its response that Agency rules or regulations relied upon in the Agency's statement of position violate applicable law, rule, regulation, the parties collective bargaining agreement or appropriate authority outside the Agency, do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

6a.     If No, explain why and provide support for your explanation.

7.     If the Union has asserted for the first time in its response that the Agency rules or regulations relied on by the Agency 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), do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

7a.     If No, explain why and provide support for your explanation.

8.     If the Union has asserted for the first time in its response that no compelling need exists for the Agency rules or regulations to bar negotiations, do you agree?

  [  ] Yes      [  ] No      [  ] Union did not assert for the first time in its response

8a.     If No, explain why and provide support for your explanation.

9.     Do you disagree with any other matters raised for the first time in the Union's response?

  [  ] Yes      [  ] No      [  ] No other new matters raised

9a.     If Yes, identify the matter and explain in detail your disagreement.

Part III     Severance

Severing a proposal into separate parts makes each part the subject of a separate negotiability determination. 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 within the duty to bargain or is contrary to law even if the other part is not.

10.     If the Union has requested for the first time in its response that a proposal be severed, do you oppose severance?

10a.     If Yes, explain why and provide support for your explanation.

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 an Agency reply to a Union response to the 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 the Principle Union Bargaining Representative.............(5 C.F.R. §§ 2424.2(g) & 2429.27(b))
  • Contain a signed and dated stat