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ABOUT THE
FEDERAL LABOR RELATIONS AUTHORITY (FLRA)
Introduction
The FLRA is an independent administrative federal agency created by Title VII of the Civil Service Reform Act of 1978 (also known as the Federal Service Labor-Management Relations Statute) (the Statute). [p.l. 95-454, 5 U.S.C. �01 et seq.] The Statute allows certain non-postal federal employees to organize, bargain collectively, and to participate through labor organizations of their choice in decisions affecting their working lives. [The Postal Reorganization Act (P.L. 91-375, Aug. 12, 1970) governs labor-management relations in the Postal Service.]
The Statute defines and lists the rights of employees, labor organizations, and agencies so as to reflect the public interest demand for the highest standards of employee performance and the efficient accomplishment of Government operations. [see 5 U.S.C. �01(a)(2)] Specifically, the Statute requires that its provisions "should be interpreted in a manner consistent with the requirement of an effective and efficient Government." [5 U.S.C. �01(b) ]
Agency Administration and Structure
The Statute establishes distinct components within the FLRA, including the Authority, the General Counsel of the Authority, and the Federal Service Impasses Panel. Presidential appointees are included in each of these three components. The FLRA structure also includes an Office of Administrative Law Judges. These components are depicted below in the order in which cases generally process through the FLRA.
The business of the FLRA, and thus the FLRA mission, is to carry out five (5) primary statutory responsibilities as efficiently as possible and in a manner that gives full effect to the rights afforded employees and agencies under the Statute. Those five primary responsibilities are:
- Resolving complaints of unfair labor practices (ULP)
- Determining the appropriateness of units for Labor organization representation (REP)
- Adjudicating exceptions to arbitrator's awards (ARB)
- Adjudicating legal issues relating to duty to bargain (NEG)
- Resolving impasses during negotiations (Impasse)
The FLRA components exercise statutorily independent prosecutorial and adjudicative responsibilities, with different and separate legal roles. The Statute, however, requires the President to designate one of the Authority Members to serve also as the FLRA Chairman, the head of the agency.
As the FLRA's chief executive and administrative officer, the FLRA Chairman is responsible for decisions regarding agency-wide administrative functions, such as purchasing, human resources, budgeting, finance, information technology, leasing of office space, and agency performance management. The Chairman carries out these duties through the Office of the Executive Director.
The immediate staffs of Authority Members, the General Counsel, and the Federal Service Impasses Panel (Panel) are under the general, day-to-day supervision of their respective members or component heads. In addition, the Authority Members appoints Administrative Law Judges (ALJs) to hear and prepare decisions in cases involving alleged unfair labor practices, as well as decisions involving applications for attorney fees filed pursuant to the Back Pay Act or the Equal Access to Justice Act. The FLRA also provides full staff support to two other organizations - - the Foreign Service Impasse Disputes Panel and the Foreign Service Labor Relations Board. [created by the Foreign Service Act of 1980]
The Authority, General Counsel, and Panel maintain their respective headquarters offices at a common site in Washington, DC. The FLRA Office of the General Counsel also includes staff in seven regional offices (Atlanta, Boston, Chicago, Dallas, Denver, San Francisco, Washington DC) and one satellite office (Brea, CA).
The Office of the General Counsel (OGC) is the FLRA's independent investigator and prosecutor. The General Counsel (GC), who is appointed by the President with the advice and consent of the Senate for a five-year term, is responsible for the general, day-to-day management of the OGC, including the management of the FLRA's seven Regional Offices. The OGC is initially responsible for processing unfair labor practice (ULP) allegations and representation matters filed with the FLRA. As to ULP matters, cases originate in the Regional Offices through the filing of a charge. After an investigation, the OGC Regional Director determines whether to dismiss or prosecute ULP charges, although the GC retains ultimate prosecutorial discretion. The GC also decides appeals of a Regional Director's decision not to issue a ULP complaint. The Regional Offices also ensure compliance with all ULP orders issued by the Authority. The resolution of representation matters includes, among other things, conducting elections and making appropriate unit determinations. The OGC encourages the use of settlement of all ULPs.
THE AUTHORITY
The Authority is a quasi-judicial body with three full-time Members who are appointed for five-year terms by the President with the advice and consent of the Senate. One Member is appointed by the President to serve as Chairman of the Authority and as the Chief Executive and Administrative Officer of the FLRA. The Chairman also chairs the Foreign Service Labor Relations Board.
The Authority adjudicates disputes arising under the Statute, deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties.
THE FEDERAL SERVICE IMPASSES PANEL
The Federal Service Impasses Panel (the Panel) has seven Presidential appointees who serve on a part-time basis, one of whom serves as Chairman. The Panel resolves impasses between Federal agencies and unions representing Federal employees arising from negotiations over conditions of employment under the Statute, the Federal Employees Flexible and Compressed Work Schedules Act, and the Panama Canal Act of 1979. If bargaining between the parties, followed by mediation assistance, proves unsuccessful, the Panel has the authority to recommend procedures and to take whatever action it deems necessary to resolve the impasse. The Panel's staff also supports the Foreign Service Impasse Disputes Panel.
THE FOREIGN SERVICE LABOR RELATIONS BOARD
The Foreign Service Labor Relations Board (the Board), which is composed of three Members appointed by the Chairman of the Authority, was created by the Foreign Service Act of 1980 to administer the labor-management relations program for Foreign Service employees in the U.S. Information Agency, the Agency for International Development, and the Departments of State, Agriculture and Commerce. The Board is supported by the staff of the FLRA. The FLRA Chairman serves as Chairman of the Board and the FLRA General Counsel serves as General Counsel for the Board.
THE FOREIGN SERVICE IMPASSE DISPUTES PANEL
The Foreign Service Impasse Disputes Panel (the Disputes Panel) was created by the Foreign Service Act of 1980. It consists of five part-time members appointed by the Chairman of the Foreign Service Labor Relations Board (the FLRA Chairman). The Disputes Panel resolves impasses between Federal agencies and Foreign Service personnel in the U.S. Information Agency, the Agency for International Development and the Departments of State, Agriculture and Commerce over conditions of employment under the Foreign Service Act of 1980. The staff of the Federal Service Impasses Panel supports the Disputes Panel.