This publication summarizes negotiability determinations1 issued by the Federal Labor Relations Authority (FLRA) starting with Volume 1 (January 11, 1979)2. This listing is intended primarily for use by negotiators and researchers who need a handy, reliable source of FLRA decisions on the negotiability of proposals/provisions arising in the course of negotiations. The brief information presented here should be sufficient to use as a starting point for further research into relevant cases.
Following each proposal/provision description is the case citation, which cites the first party listed in the case caption, the FLRA page number of the case and the specific number of the proposal/provision that is being described. The case citations are hyperlinked to the full FLRA decision located on the FLRA web site. In addition, a negotiability [N] or non-negotiability [NN] indicator of the FLRA ruling is inserted. Rulings that a proposal/provision is negotiable only at the election of the agency are classified as permissively negotiable [PN]. Beginning with Volume 48 (August 2, 1993), the designation “NN” is followed by an abbreviated reference to the reason for non-negotiability, e.g., GWR means conflict with a Government-wide rule or regulation; (a)(2)(A) means a conflict with management rights, i.e., section 7106(a)(2)(A) of title 5, United States Code. If the designation “N” is followed by “(b)(2)” or “(b)(3)”, the proposal/provision is a negotiable procedure or appropriate arrangement respectively. If the designation “N” is not followed by any notation, then the proposal/provision is negotiable for another reason, e.g., it does not affect a management right. If the designation “PN” is followed by “(b)(1)”, the proposal/provision concerns “numbers, types and grades of employees or positions assigned to any organzational subdivision, work project, or tour of duty, or the technology, methods, and means of performing work.” If the designation “PN” is not followed by any notation, then the proposal/provision was found to be permissively negotiable for another reason, e.g., an agency cannot be forced to waive a statutory right.
In those instances where enforcement of a FLRA ruling has been affirmed or denied or the ruling itself has been upheld or reversed in court, a citation to that court decision has been included. If a remand has been ordered and the FLRA has acted on the remand, the citation to that case is included and identified as a decision “on remand.”
Nothing contained in or omitted from this report should be regarded as an attempt to interpret or evaluate these proposals/provisions. This report is intended solely to provide information.
Any questions or comments on this report may be directed to the U.S. Office of Personnel Management, Division for Strategic Human Resources Policy, Center for Workforce Relations & Accountability Policy, 1900 E Street, NW, Room 7H28, Washington, DC 20415-2000, telephone (202) 606-2930; fax (202) 606-2613; or e-mail CWRAP@opm.gov.
1Only negotiability decisions are included. There may be other types of decisions, e.g., arbitration reviews or Unfair Labor Practice cases, which affect the negotiability of a particular proposal/provision.