Federal Sector Labor Relations for the Private Sector Practitioner
| Publication year | 1987 |
| Pages | 483 |
| Citation | Vol. 16 No. 3 Pg. 483 |
1987, March, Pg. 483. Federal Sector Labor Relations For the Private Sector Practitioner
Private sector labor practitioners often have neglected a vast segment of organized labor in Colorado---the federal work force. There are approximately 40,000(fn1) federal employees in Colorado who are under the jurisdiction of the Federal Labor Relations Authority ("FLRA"). Of these, roughly 57 percent are members of bargaining units.(fn2) The FLRA was established by the Federal Service Labor-Management Relations Statute ("Statute") to regulate federal sector labor relations.(fn3) It performs this role in much the same manner as that of the National Labor Relations Board ("NLRB"). While the structure and statutory framework of the FLRA are similar to the NLRB, significant differences in the federal sector may cause private sector practitioners to be wary of federal practice.
The administrative structure of the FLRA should be familiar to most private sector labor lawyers. The FLRA essentially has two distinct organizational entities. The Office of the General Counsel of the FLRA, similar to its private sector counterpart at the NLRB, investigates and prosecutes unfair labor practice charges and handles various representation matters.(fn4) However, the similarities end when the unique functions of the second entity, a three-member panel (hereafter, "the Authority") appointed by the President of the United States as the adjudicatory body of the FLRA, are considered.
This article explains some unique features of federal sector labor relations which require a different orientation to labor problems than that required by private sector practice.
Probably the most unique feature of the Statute is the negotiability appeal procedure.(fn5) This procedure establishes a system to resolve disputes between unions and management concerning the duty to bargain. During the course of collective bargaining for a new contract or during midterm bargaining necessitated by a management-proposed change in working conditions, management has the right to declare a union proposal non-negotiable. Such a declaration normally is based on a determination that the union proposal violates the management rights provision of the Statute(fn6) or is contrary to law or government-wide rule or regulation.(fn7)
The management rights provision sets forth the authority of management to take certain actions, such as to hire, fire, assign or lay off employees, unrestrained by any obligation to bargain with the union. However, although management may have no obligation to bargain over its decision to exercise any of its rights, it does have an obligation to bargain over (1) the procedures which are used to exercise these rights and (2) appropriate arrangements for employees adversely affected by the exercise of these rights.
To resolve disputes as to whether a union proposal has run afoul of the management rights provision or is contrary to law or government-wide rules and regulation, the union has the right to file a petition directly with the Authority seeking a decision on its specific proposal.(fn8) The Authority will render a decision on the petition which is subject to review by the U.S. Court of Appeals of the appropriate jurisdiction.(fn9) The Authority may find the union's proposal non-negotiable because, for example, it violates the management rights provision of the Statute or is contrary to law or government-wide rule or regulation. It also may find that the proposal does not violate any of management's prescribed rights or any law, rule
A common mistake made by attorneys unfamiliar with the Statute is failing to file a timely negotiability appeal. An appeal must be filed within fifteen days of a declaration of non-negotiability.(fn11) Another common mistake is to file an unfair labor practice charge alleging a failure to bargain where, in fact, a negotiability appeal is the only forum for review of the declaration of non-negotiability. Cases which solely involve management's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained, and which do not involve actual or contemplated changes in conditions of employment, may only be filed as negotiability appeals.(fn12)
Accordingly, when assessing what action to take in the face of a refusal to bargain, attorneys must quickly decide to file either a...
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