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U.S. Federal Labor Relations Authority

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Other Types

Infrequently, the FLRA handles other types of cases that are described further below.

General Statements of Policy or Guidance

The head of an agency (or designee), the national president of a labor organization (or designee), or the president of a labor organization that is not affiliated with a national organization (or designee) may separately or jointly ask the Authority for a general statement of policy or guidance.

The head of any lawful association that is not qualified as a labor organization may also ask the Authority for such a statement, provided that the request does not conflict with the provisions of the Federal Service Labor-Management Relations Statute or other law.

For more details regarding requests for general statements of policy or guidance, see 5 C.F.R. Part 2427.

Enforcement of Standards-of-Conduct Decisions and Orders of the Assistant Secretary of Labor for Labor-Management Relations

Section 7120 of the Federal Service Labor-Management Relations Statute sets forth standards of conduct for federal-sector labor organizations.  Section 7120(d) directs the Department of Labor’s Assistant Secretary for Labor-Management Relations (Assistant Secretary) to prescribe regulations to carry out the purposes of § 7120.  Those regulations may be found at 29 C.F.R. Chapter IV, and the Authority’s related regulations may be found at 5 C.F.R. Part 2428.

Section 2428.2 of the Authority’s Regulations provides that the Assistant Secretary (now the Director of the Office of Labor-Management Standards) may petition the Authority to enforce any Assistant Secretary decision and order in a standards-of-conduct case.  For more information regarding these types of cases, consult the regulations cited above.

Referral of Policy Questions to the Authority by the FLRA’s General Counsel, the Assistant Secretary of Labor for Labor-Management Relations, or the Federal Service Impasses Panel

The FLRA’s General Counsel, the Assistant Secretary of Labor for Labor-Management Relations, or the Federal Service Impasses Panel may refer to the Authority, for review and decision or general ruling, any case that involves a major policy issue that arises in a proceeding before any of them.  For more information, see 5 C.F.R. § 2429.4.

Petitions for Amendments to Regulations

Any interested person may petition the Authority or the FLRA’s General Counsel, in writing, for amendments to the FLRA’s Regulations.  The petition must identify the portion of the FLRA's Regulations involved and provide the specific wording of the proposed amendment, as well as the reasons in support of the petition.  See 5 C.F.R. § 2429.28.

Petitions Regarding National Consultation Rights and Consultation Rights on Government-Wide Rules or Regulations

Under 5 U.S.C. § 7113 of the Statute, agencies must grant “national consultation rights” to labor organizations that meet certain criteria.  Issues related to a labor organization’s eligibility for, or continuation of, national consultation rights may be referred to the FLRA.  For more information on these types of cases, see 5 U.S.C. § 7113 and 5 C.F.R. Part 2426.

Foreign Service Labor Relations Board Cases

At 22 U.S.C. § 4106, the Foreign Service Act of 1980 created the Foreign Service Labor Relations Board.  This Board administers the labor-management-relations program for Foreign Service employees who work for the Broadcasting Board of Governors, the U.S. Agency for International Development (USAID), and the Departments of State, Agriculture (USDA), and Commerce.  The Board consists of three Members.  The Chairman of the FLRA serves as the Board’s Chairperson, and appoints the other two Members of the Board.  The FLRA’s General Counsel serves as the Board’s General Counsel.  For more detailed information, see the Board’s regulations at 22 C.F.R. Chapter XIV, Subchapter C.

Foreign Service Impasse Disputes Panel Cases

At 22 U.S.C. § 4110, the Foreign Service Act of 1980 created the Foreign Service Impasse Disputes Panel (the Panel).  The Panel assists in resolving negotiation impasses that arise in the course of collective bargaining in the Foreign Service.  The Panel is composed of five Members, including one Member of the Federal Service Impasses Panel (FSIP).  The Chairperson of the Foreign Service Labor Relations Board – who concurrently serves as the FLRA Chairman – appoints all five Members of the Panel.  For more detailed information, see the Panel’s regulations at 22 C.F.R. Chapter XIV, Subchapter D.