Guide to the FLRA Negotiability Appeals Process

This information is intended to be used as a general guide to the negotiability appeals regulations of the Federal Labor Relations Authority (FLRA or Authority). If you want more information, you should read the regulations themselves, which are found in title 5 of the Code of Federal Regulations, starting with section 2424.1. The regulations are binding, so if you have any question about something after you read this guide, then you should double-check the matter by taking a look at the regulations. You can also get information about the Authority's procedures by calling the Office of Case Intake and Publication.

The negotiability appeals process has been set up to resolve disagreements between the union and the agency about whether proposed or negotiated contract language is legal or negotiable. Other procedures may be more appropriate for other kinds of disputes. For example, if the agency states that it will not bargain over a particular subject matter, regardless of the wording of the proposal, the dispute may be handled through unfair labor practice (ULP) procedures. If the agency simply disagrees with the proposal, and doesn't question the legality of it, the dispute may be better addressed through mediation or the Federal Service Impasses Panel (FSIP). Sometimes the agency will raise more than one objection to a proposal, and the union will need to evaluate the procedural options to decide where it wants to seek a resolution.

Table of Contents:

When the union must file a petition for review about a proposal
Filing a petition when a provision has been disapproved
How the union files its petition and what must be included
After the petition is filed: the post-filing conference
After the post-filing conference: the agency's statement of position
The union's response to the agency's statement of position
The agency's reply
Bargaining obligation disputes
Additional fact-finding and resolution of the case
Appeal rights
Frequently A