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Agency
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The FSLMRS applies to executive agencies, including 5 USC § 2105(c) nonappropriated fund instrumentalities, the Veterans' Canteen Service of the Department of Veterans Affairs, the Library of Congress, and the Government Printing Office. It does not apply to the General Accounting Office, the Federal Bureau of Investigation, the Central Intelligence Agency, the Tennessee Valley Authority, the Federal Labor Relations Authority, the Federal Service Impasses Panel, or the Central Imagery Office. See 5 USC § 7103(a)(3)
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Agency Head Review
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Requirement that negotiated agreements be reviewed for legal sufficiency by the head of the agency (or his/her designee). § 7114(c)(1). This must be accomplished within 30 days from the date the agreement is executed. § 7114(c)(2). If disapproved, the union can challenge those determinations by filing a negotiability petition or an unfair labor practice(ULP) charge with FLRA. If not approved or disapproved within that time, the agreement goes into effect and the legality and enforceability of its terms is decided in other forums (e.g., grievance or unfair labor practice proceedings). § 7114(c)(3). During the 30-day period the incumbent union is protected from challenge by a rival union. 5 CFR 2422.12(c).
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Agency Shop
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A requirement that all employees in the unit pay dues or fees to the union to defray the costs of providing representation. In 1 FLRA No. 64 the Authority held that § 7102 prohibits agency shop requirements. See also, 22 FLRA No. 57, 38 FLRA No. 57, and 44 FLRA No. 8. Compare with 56 FLRA No. 157 (requiring the agency to deduct $2.00 from each biweekly paycheck of each bargaining unit employee who has not joined the union unless the employee requests that a deduction not be made is contrary to 5 CFR 550.312(a)).
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Mission of the Agency
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A right reserved to management by § 7106(a)(1). Although illustrative case law on this particular right is meager, it is generally recognized that the right encompasses the determination of the products and services of an agency. For example, a proposal prescribing when the agency would provide its services to the public was found to directly interfere with this right. See, e.g., 22 FLRA No. 92, #1; 29 FLRA No. 123, #3; and 30 FLRA No. 69, #8.
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Number of Employees of an Agency
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A right reserved to management by § 7106(a)(1). There have been no FLRA decisions in which a proposal has been found nonnegotiable because it interfered with this right. In 46 FLRA No. 27, where FLRA held that a placement program for employees losing security clearances didn't abrogate this right, FLRA said that this right "relates to the number of employees actually employed by an agency." For other cases in which management unsuccessfully invoked this right, see 44 FLRA No. 1, 32 FLRA No. 127, 31 FLRA No. 30, and 23 FLRA No. 30.
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Personnel by Which Agency Operations are Conducted
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A right reserved to management by § 7106(a)(2)(B). In 25 FLRA No. 9, #36, the Authority said this right was violated by a provision requiring the agency to negotiate concerning the kinds of personnel (journeyman or apprentice printers) by which its future operations would be conducted. In 24 FLRA No. 40, #4; 30 FLRA No. 137, #8; and 32 FLRA No. 86, #5, it said that this right (and the right to assign work) were violated by proposals barring supervision by people who aren`t Federal employees. Compare with the § 7106(a)(1) right to determine the number of employees of the agency and with the § 7106(b)(1) "right" to determine staffing patterns.