Union Response to Agency Statement of Position on Petition for Review of Negotiability Issues For Use With Proposals - FLRA FORM 202

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 Union's representative in response to the Agency's statement of position. Section 2424.25 of the Authority's Regulations provides that the purpose of this response is to inform the Authority and the Agency why, despite the Agency's arguments in its statement of position, the contract language at issue is negotiable, and whether the Union disagrees with any facts or arguments in the Agency's statement of position.

Unless the time limit for filing has been extended pursuant to section 2424.23 or part 2429 of the Authority's Regulations, the Union must file this response within fifteen (15) calendar days after the date the Union receives a copy of 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

2.     Was there a post-petition conference in this case?

[  ] Yes      [  ] No

2a.     If Yes, do you agree with the information contained in the report of the post-filing conference?

[  ] Yes      [  ] No

2b.     If No, explain and provide appropriate information in support of your explanation.

Part II     Response to Agency's Statement of Position

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Set forth the Union's position on any matters raised in the Agency statement of position that it wishes the Authority to consider in reaching its decision, including a statement of the arguments and authorities supporting any position. You do not need to repeat information or arguments that are contained in your petition for review. In setting forth your response, answer questions 3 through 8, providing separate answers for each proposal that require an explanation to those questions.

The Union is responsible for raising and supporting arguments that a proposal is within the duty to bargain, within the duty to bargain at the Agency's election, or not contrary to law. Where the Union has claimed that severance is appropriate, the Union is also responsible for raising and supporting arguments why severance is 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 you rely on. Attach to this response 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                     

3.     Do you disagree with any claim regarding the proposal made by the Agency in questions 7 through 11 of the Agency's statement of position?

[  ] Yes      [  ] No

3a.     If Yes, explain why and provide support for your explanation as to each claim with which you disagree. You do not have to repeat arguments you already made in the petition for review.

4.     If the Agency contends that the proposal interferes with a management right set out in 5 U.S.C. § 7106(a), does the Union claim that the proposal requires that the Agency comply with an applicable law within the meaning of 5 U.S.C. § 7106(a)(2)?

[  ] Yes      [  ] No

4a.     If Yes, identify the applicable law and explain how that law relates to the proposal.

5.     Does the Union claim that the proposal concerns a matter negotiable at the election of the Agency under 5 U.S.C. § 7106(b)(1)?

[  ] Yes      [  ] No      [  ] Answered in Petition for Review

5a.     If Yes, explain why and provide support for your explanation.

5b.     If Yes, explain which category (e.g., numbers, types and grades, technology) it concerns and why?

6.     Does the Union claim that the proposal constitutes a negotiable procedure as set forth in 5 U.S.C. § 7106(b)(2)?

[  ] Yes      [  ] No      [  ] Answered in Petition for Review

6a.     If Yes, explain why and provide support for your explanation.

7.     Does the Union claim that the proposal constitutes an appropriate arrangement for employees adversely affected by the exercise of management rights, as set forth in 5 U.S.C. § 7106(b)(3)?

[  ] Yes      [  ] No      [  ] Answered in Petition for Review

7a.     If Yes, explain why and provide support for your explanation. In your explanation, be sure to include the following:

  • Identify the management right the proposal addresses.
     
  • Identify the employees who the Union asserts will be adversely affected by the exercise of that management right.
     
  • Describe wh