When an agency refuses to bargain over a proposal because it claims that it is not negotiable, the union may file an appeal with the Authority. There are specific regulations that govern when an agency claim of this sort triggers a right to file an appeal, and how the appeal is filed. Information that may help you if want to file or respond to a negotiability appeal are the Authority's forms for filings, the Authority's Regulations, and the Guide to the FLRA Negotiability Appeals Process. Specific questions about appeals can be directed to the Office of Case Intake and Publication. Authority decisions in negotiability cases are appealable to the federal courts of appeal.
Alternative dispute resolution of negotiability issues is available through the FLRA's Office of Collaboration and Alternative Dispute Resolution, which applies interest based dispute resolution techniques to resolve these disputes without litigation.
Negotiability issues can also be resolved through the unfair labor practice (ULP) process. This is appropriate where the parties have both negotiability and bargaining obligation disputes. There are specific Authority regulations that explain the procedural options of parties who have a bargaining problem that includes both a bargaining obligation dispute and a negotiability dispute.