How the union files its petition and what must be included
The union may file its petition in one of two ways. It may (1) use a form that is provided by the Authority's Office of Case Intake and Publication or from the FLRA's website at: www.flra.gov/authority_forms_negotiability_appeal; or (2) use plain paper, and give the same information that the form requests. Although the union does not have to use the form, it may be easier to do so, and will remind the union to give all the needed information. If the union doesn't give all the information that is needed, it's appeal may be dismissed. Even if the union chooses to use plain paper, the form can serve as a useful guide. Basically, in its petition, the union has to give the exact wording of the proposal or provision that has been declared non-negotiable, and it has to explain the meaning. If there are any special terms that would not be familiar to people who don't work at the agency, the union must explain the terms. Also, the union is required to explain how the proposal works and what impact it would have. The union must list any laws, regulations or cases that support its argument. The union should provide a copy of any materials that the Authority would not be able to get from the law library or other public source. The union should provide copies of agency regulations, orders or directives. If the union wants to divide the proposal or provision so that only those specific parts that are illegal are struck down, it may ask for "severance" of the parts that can stand alone. If the union does ask for severance, it must explain how the subparts work on their own. In addition, the petition must include the names, addresses, telephone numbers and fax numbers of the union and agency representatives. The union must mail or deliver a copy of the petition to the agency head and the chief negotiator for the agency. The union should review the Authority's regulations to learn the acceptable methods for providing - or "serving" - the agency with documents.