Kurt Rumsfeld Federal Labor Relations Authority Assistant General Counsel for Operations and Legal Policy

Transcription

1 Federal Sector Statutory Training Bargaining and Appropriate Arrangements Kurt Rumsfeld Federal Labor Relations Authority Assistant General Counsel for Operations and Legal Policy January 19, 2016

2 These materials have been provided by the Office of the General Counsel. They are intended to supplement the discussion portion of this presentation and must be understood in the context of that discussion. While the handouts will assist in understanding various legal issues, they do not represent legal advice or guidance. Also, since each case depends upon its own unique facts and the application of various legal precedent, they should not be relied upon to predict the legal outcome in any particular case.

3 Outline of Today s Presentation I. Structure of the FLRA II. Negotiability Disputes III. Conditions of Employment IV. Management Rights (a) V. Permissive Subjects (b)(1) VI. Procedures (b)(2) VII. Appropriate Arrangements (b)(3) VIII. Practice Exercises IX. Recent Authority Decisions X. Fire Fighter Cases XI. Additional Resources

4 Purposes of the Statute The Federal Service Labor-Management Relations Statute protects the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them. Congress found that labor organizations and collective bargaining in the civil service are in the public interest.

5 The Authority Reviews decisions of Administrative Law Judges in unfair labor practice cases when exceptions are filed. Decides appeals of decisions of Regional Directors in representation cases. Rules on exceptions to arbitrators awards. Resolves negotiability disputes.

6 Office of the General Counsel Investigates unfair labor practice charges. Prosecutes unfair labor practice complaints. Investigates and decides representation petitions on behalf of the Authority. Conducts elections to certify and decertify bargaining units. Provides training on the Statute.

7 Federal Service Impasses Panel Resolves bargaining impasses between agencies and unions when voluntary arrangements, including the services of the Federal Mediation and Conciliation Service, are unsuccessful.

8 Negotiability Disputes The Authority resolves disputes regarding whether proposed or negotiated contract language is contrary to law or outside the duty to bargain (see 5 CFR (c)). These disputes may arise: during bargaining as part of agency head review. These proceedings are governed by 5 CFR Part 2424 (Negotiability Proceedings); see also the Guide to Negotiability Under the Federal Service Labor-Management Relations Statute at flra.gov/negotiability. The Authority will generally dismiss (without prejudice) petition/portion of U has filed directly related ULP charge or grievance alleging ULP.

9 During Bargaining If the agency states that a union s proposal is nonnegotiable, the union may request allegation of nonnegotiability - 5 CFR If agency responds in writing, union has 15 days from service to file petition with FLRA 5 CFR If agency does not respond in writing within 10 days, union may file the petition at any time after the agency s written response should have been given.

10 Agency Head Disapproval Negotiability appeal may also be filed after the parties have agreed to contract language and the agency head, upon review under 7114(c), disapproves the negotiated language. The union must file a petition for review within 15 days of service of the disapproval letter to appeal the agency head s determination 5 CFR

11 Negotiability Appeal 7117(c) Union files petition Post-petition conference Parties may discuss using Collaboration and Alternative Dispute Resolution Office (CADRO) Authority representative will prepare summary of conference, send copy to the parties, and file it in official record Agency files statement of position Union files response Agency may file reply Authority issues decision and order Aggrieved party may file appeal

12 Flow Chart

13 Negotiability (General) Meaning matters If parties agreed meaning (or Union s explanation) is consistent with wording, adopt; if not, don t NAGE Local R-109, 66 FLRA 278, 278 (2011); NTEU, 65 FLRA 509, 510 (2011). Arguments matter NTEU, 67 FLRA 705, 707 (2014) (negotiability turned on argument that had not been made in previous, otherwise similar cases).

14 Mandatory Must bargain E.g., 7106(b)(2) & (3) Subjects of Bargaining Prohibited Cannot agree to (law prohibits) E.g., 7106(a) (where no exception applies) Permissive May bargain/agree to E.g., 7106(b)(1); agreements to bargain below level of recognition, e.g., NATCA, 62 FLRA 174, 182 (2007)

15 Checklist for Quick Negotiability Assessments Does it concern unit employees conditions of employment (for proposals)? Is it inconsistent with a law, rule, or regulation other than management rights? (Remember, degree of discretion matters) Does it affect a management right? If so, does it fall within an exception? (Note: degree of interference/preserved discretion often makes a difference.)

16 Right to Collective Bargaining 5 U.S.C. 7114(a)(1) A labor organization which has been accorded exclusive representation is the exclusive representative of the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit.

17 Collective Bargaining Defined 5 U.S.C. 7103(a)(12) to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached

18 Conditions of Employment Defined 5 U.S.C. 7103(a)(14) personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, but does not include policies, practices, and matters - Relating to political activities ( ) Relating to classification of any position (defined in 5 CFR ); or Matters specifically provided for by Federal statute ( 7103(a)(14))

19 Non-Bargaining Unit Employees Four groups of non-unit personnel: Employees in other bargaining units; Supervisors; Non-supervisory employees not in any bargaining unit; and Non-employees Cherry Point, 952 F.2d 1434, 1442 (D.C. Cir. 1992).

20 Employees in Other Bargaining Units If proposal directly determines conditions of employment of employees in other units: prohibited subject (principle of exclusive recognition) Dep t of Navy, Newport News, Va., 65 FLRA 1052, 1054 (2011)

21 Supervisors Proposals that directly implicate supervisors conditions of employment = permissive subjects (negotiable at election of management) AFGE Local 32, 51 FLRA 491, 507 (1995) Therefore, can t be disapproved by Agency head and enforceable in arbitration NATCA, 61 FLRA 336 (2005), AFGE Local 3302, 52 FLRA 677 (1996)

22 Non-Employees/Employees Not in Any Unit Proposals directly implicating working conditions of non-employees or employees not in any bargaining unit are outside the duty to bargain unless they vitally affect unit employees conditions of employment Cherry Point, 952 F.2d at Is the proposal s effect on unit employees conditions of employment significant and material, as opposed to indirect or incidental? NTEU Chapter 83, 64 FLRA 723, 727 (2010) (location at which employees perform their duties)

23 Specifically Provided For Reference to matter is not enough Agency has no discretion Example where established - FOP Lodge #1F, 57 FLRA 373, 383 (2001) (wage rates for GS employees) Example where not established Antilles, 56 FLRA 664, (2000) (law concerning Agency s optical and dental plan preserved Agency s discretion to negotiate over that matter)

24 Agency Discretion Generally, if Agency has discretion over a matter, then Agency must bargain over proposals concerning that matter AFGE, Locals 3807 and 3824, 55 FLRA 1, 5 (1998) But if Agency discretion is sole and exclusive, would be contrary to law to require bargaining over matters within discretion POPA, 59 FLRA 331, 346 (2003)

25 Sole & Exclusive Discretion Authority examines plain wording and legislative history of statute or regulation Dep t of Interior, 58 FLRA 246, (2002) Examples: without regard to the provisions of any other law or notwithstanding any other provision of law AFGE Local 3295, 47 FLRA 884, 895 (1993)

26 Agency Rules and Regulations Agency rules, regulations and official declarations of policy that govern the resolution of matters within particular agencies Dep t of Army, Ft. Campbell Dist., 37 FLRA 186, (1990) Generally within duty to bargain unless Agency shows compelling need for rule/regulation (a)(2)

27 Compelling Need Test under 5 CFR : Essential, not merely helpful or desirable, to accomplishment of mission or execution of functions of Agency or primary national subdivision in a manner that is consistent with requirements of effective and efficient government; Necessary to ensure maintenance of basic merit principles; or Implements a mandate of the Agency or primary national subdivision under law or outside authority, which implementation is essentially nondiscretionary in nature.

28 Conditions of Employment The Authority applies a two-part test: Does the matter pertain to bargaining unit employees, and Is there is a direct connection between the matter and the work situation or employment relationship of bargaining unit employees. Antilles Consolid. Educ. Ass n, 22 FLRA 235 (1986).

29 Management Rights (a) (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; (2) in accordance with applicable laws (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; (C) with respect to filling positions, to make selections for appointments from (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies.

30 Management Rights: General Principles 7106(a)(2) limited by applicable laws 7106(a)(1) not limited by applicable laws 7106(b)(1) at election of Agency All include right not to act All limited by 7106(b)(2) and (3) Proposal/provision may involve more than one right Authority addresses only those raised

31 Mission 7106(a)(1) Case by case - AFGE, 58 FLRA 341, 342 (2003) What mission includes/does not include Dep t of Energy, 59 FLRA 159, 163 (2003). Generally not how carried out. - Id. But when part of mission is to serve public, proposals/provisions regarding hours office is open may affect Dep t of Defense, 49 FLRA 333, 349 (1994)

32 Budget 7106(a)(1) Affected if either: (1) Proposal/provision prescribes particular programs to be included in budget, or amount to be allocated in budget; or (2) Agency makes substantial demonstration that an increase in costs is significant and unavoidable and is not offset by compensating benefits. - DHS, Customs and Border Protection, 61 FLRA 113, 116 (2005) Increase in costs, by itself, not enough NFFE Fed. Dist 1, 66 FLRA 124, 125 (2011)

33 Organization 7106(a)(1) Determine Agency s administrative and functional structure, including relationship of personnel through lines of authority and distribution of responsibilities for delegated and assigned duties - DOT, 63 FLRA 530, 532 (2009) Includes rights to determine how organization will be divided up into sections (DOT, 58 FLRA 175, 178 (2002)), and where geographically the Agency will operate (ACT, NY State Council, 56 FLRA 444, 449 (2000))

34 Organization Cont d Agency organization: includes such matters as the geographic locations in which an agency will provide services or otherwise conduct its operations, how various responsibilities will be distributed among the agency s organizational subdivisions, how an agency s organizational grade level structure will be designed, and how the agency will be divided into organizational entities such as sections Dep t of Treasury, IRS, 35 FLRA 398, (1990)

35 Number of Employees 7106(a)(1) Total number actually employed Dep t of Defense, Defense Mapping Agency, 46 FLRA 298, 316 (1992) Different from numbers of employees assigned to organizational subdivisions, work projects, or tours of duty under 7106(b)(1) Id. at

36 Internal Security 7106(a)(1) Determine policies and practices that are part of Agency s plan to secure or safeguard its personnel, physical property, or operations against internal and external risks AFGE Council of Prison Locals 33, 66 FLRA 929, 931 (2012) Agency must show link, or reasonable connection, between its security objective and agency policy or practice, and that proposal or provision conflicts with policy/practice Id. Authority doesn t review merits of Agency s policy/practice Id.

37 Hire Employees 7106(a)(2)(A) Includes right to decide whether to fill positions AFGE Local 2755, 62 FLRA 93, (2007)

38 Assign Employees 7106(a)(2)(A) The right to assign employees to positions VA Medical Center, St. Cloud, Minn., 62 FLRA 508, 510 (2008) Both initial hiring and post-hiring, such as reassignments, temporary assignments, or details AFGE Local 1547, 65 FLRA 911, 913 (2011) Also duration of assignments AFGE Local 12, 61 FLRA 209, 218 (2005) Determine qualifications and skills needed for positions, and judge whether particular employees possess them VA Medical Center, St. Cloud, Minn., 62 FLRA at 510

39 Direct Employees 7106(a)(2)(A) Supervise employees and determine quantity, quality, and timeliness of work - NTEU, 65 FLRA 508, 511 (2011) Establish performance standards and evaluate/hold employees accountable under those standards - NWS, 63 FLRA 450, 453 (2009) Select particular methods of supervision (e.g., spot checks) AFGE Local 1712, 62 FLRA 15, 17 (2007 NOT the right to decide whether to reward performance that s already been evaluated DHS, Customs and Border Protection, 63 FLRA 505, 508 (2009)

40 Layoff & Retain Employees 7106(a)(2)(A) Separate rights AFGE Local 1827, 58 FLRA 344, 345 (2003) Layoff = Includes right to conduct reduction in force and decide what positions to abolish & retain AFGE Local 1547, 65 FLRA 911, 913 (2011) Retain = Establish policies or practices that encourage or discourage employees from remaining employed by Agency E.g., voluntary-separation-incentive pay - NAIL Local 5, 67 FLRA 85, 87 (2012)

41 Suspend, Remove, Reduce in Grade or Pay 7106(a)(2)(A) Suspend employees NTEU, 19 FLRA 647, 650 (1985) Remove = e.g., determining which positions to vacate (ACT, NY State Council, 11 FLRA 475, 482 (1983)), or sequence of vacating positions ((AFGE Local 1603, 3 FLRA 3, 5-6 (1980)) Reduce in grade or pay = Agency s right to take actions against employee for a particular offense NTEU, 53 FLRA 539, 579 (1997)

42 Discipline 7106(a)(2)(A) For both performance- and non-performancerelated conduct AFGE Council of Prison Locals 33, 65 FLRA 142, 145 (2010) Investigate and determine appropriate investigative techniques AFSCME, 60 FLRA 124, 127 (2004) Decide which evidence to rely on NATCA, 61 FLRA 341, 346 (2005) Decide penalty POPA, 53 FLRA 625, 679 (1997)

43 Assign Work 7106(a)(2)(B) Determine particular duties to be assigned, when work assignments will occur, and to whom/what positions assigned AFGE Council of Prison Locals 33, 66 FLRA 819, 823 (2012) Establish qualifications and skills, decide whether employees meet them PASS, 61 FLRA 97, 99 (2005) Does not include decision whether to reward performance DHS, Customs and Border Protection, 63 FLRA 505, 508 (2009) Not affected merely because proposal/provision requires Agency to take some action AFGE Local 1164, 60 FLRA 785, 787 (2005)

44 Contract Out & Determine Personnel 7106(a)(2)(B) Contract out = affected by proposals/ provisions that delay contracting out (Dep t of Army, Corps of Engineers, 60 FLRA 595, 597 (2005)), or require cost study before-hand (AFGE Local 1345, 48 FLRA 168, 204 (1993)) Determine personnel = decide employees to whom work will be assigned VA Medical Center, Detroit, 61 FLRA 371, 373 (2005)

45 Make Selections to Fill Positions 7106(a)(2)(B) Select from: (1) among properly certified candidates for promotion; or (2) any other appropriate source Decide qualifications, skills, and abilities needed for position and determine whether applicants have them - NTEU, 61 FLRA 618, 622 (2006) Affected by proposals that limit sources of selection ACT, State Chapter 57, 56 FLRA 1046, 1048 (2001) Proposals that expand sources of selection do not affect IRS, 61 FLRA 226, 229 (2005)

46 Carry Out Mission in Emergencies 7106(a)(2)(B) Includes rights to: Independently assess whether emergency exists; and Decide what actions are needed to address it VA Regional Office, St. Petersburg, 58 FLRA 549, 551 (2003) Examples: proposals/provisions that define emergency (IBEW, Local 350, 55 FLRA 243, 245 (1999)), and proposals/provisions that preclude management from acting until a particular individual declares an emergency - Tidewater Va. Fed. Employees Metal Trades Council, 31 FLRA 131, 132 (1988)

47 Section 7106(b) All rights in 7106(a) are subject to 7106(b) Three parts: 7106(b)(1) 7106(b)(2) 7106(b)(3)

48 Section 7106(b)(1) Numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work. Permissive ( at the election of the Agency) DOT, FAA, 62 FLRA 90, 92 (2007) Agency head cannot disapprove agreements unless otherwise unlawful NTEU, 65 FLRA 509, 512 (2011) Enforceable in arbitration DOT, FAA, 62 FLRA 90, 92 (2007) Trumps 7106(a) lawful despite effect on (a) rights Id.

49 Permissive Bargaining No party is required to bargain on permissive subjects and may withdraw from bargaining before they have reached agreement Dep t of Treasury, IRS, 37 FLRA 1423, 1431 (1990) Parties may not insist to impasse on a permissive subject of bargaining AFGE, Local 3937, 64 FLRA 17 (2009) But agreements reached on permissive subjects in collective bargaining are enforceable SSA, Balt., 55 FLRA 1063, 1069 (1999) Parties can terminate agreements on permissive subjects when agreement expires FAA, NW Mtn. Region, 14 FLRA 644, (1984)

50 Numbers, Types, and Grades Proposals concerning the establishment of staffing patterns, or the allocation of staff, for the purpose of an agency s organization and the accomplishment of the agency s work AFGE Local 3354, 54 FLRA 807, 816 (1998) Proposals concerning the numbers of employees and positions assigned to an organizational subdivision and the determination as to whether, and which, vacant positions assigned to an organizational subdivision will be filled AFGE Local 3354, 54 FLRA 807, 816 (1998) Proposals concerning the numbers, types and grades of employees assigned to tours of duty, including the number of employees working on alternative work schedules Dep t of Defense Am. Forces Radio & Television Broad. Ctr., 59 FLRA 759, 760 (2004)

51 Assigned to Organizational Subdivision, Work Project, or Tour of Duty Organizational subdivision. Examples = proposals/provisions: Involving centralization/decentralization within agency NAGE Local R14-23, 54 FLRA 1302, 1306 (1998) Staffing of subdivisions (but not establishing subdivisions) AFGE Local 1336, 52 FLRA 794, 802 (1996) Work project = particular job or task. FCI Bastrop, 55 FLRA 848, 853 (1999) Example: Supervising inmates - Id. at Tour of duty = the hours of a day (daily tour) and days of an administrative workweek (weekly tour) that constitute an employee s regularly scheduled administrative workweek NAA Employees, Branch 11, 57 FLRA 424, 426 (2001)

52 Technology Technology = the technical method that will be used in accomplishing or furthering the performance of the Agency s work AFGE, Local 3129, 58 FLRA 273, 275 (2002) Must show: The technological relationship of the matter addressed by the proposal/provision to accomplishing or furthering performance of Agency s work; and How the proposal/provision would interfere with the purpose for which the technology was adopted.

53 Methods and Means of Performing Work Method = the way in which Agency performs its work the how. Means = any instrumentality including an agent, tool, device, measure, plan, or policy that agency uses to accomplish, or further the performance of, its work the with what. Ask: (1) is there a direct or integral relationship between the Agency s chosen method/means and the accomplishment of the Agency s mission?; and (2) does the proposal/provision directly interfere with the mission-related purpose for which the method/means was adopted? AFGE Local 723, 66 FLRA 639, 646 (2012)

54 Technology, Methods and Means Proposals concerning the forms, documents, or electronic systems that an agency uses in accomplishing its mission AFGE, Local 3529, 57 FLRA 172, (2001) Proposals concerning the introduction of new technologies that will assist the agency in fulfilling its mission more efficiently AFGE, Local 3129, 58 FLRA 273, 275 (2002) Proposals concerning the requirement that employees wear a prescribed uniform while performing work AFGE, Local 1869, 63 FLRA 598 (2009); NAGE, Locals R12-122, R12-222, 38 FLRA 295, 304 (1990) Proposals concerning use of beepers off duty AFGE, Local 644, 40 FLRA 831, (1991)

55 7106(b)(2) & (3) Procedures and Appropriate Arrangements 5 U.S.C. 7106(b)(2): The procedures which management officials of the agency will observe in exercising any management rights under U.S.C. 7106(b)(3): Appropriate arrangements for employees adversely affected by the exercise of any management right under Procedures and appropriate arrangements are mandatory subjects. Referred to as impact and implementation bargaining.

56 7106(b)(2) Procedures In assessing whether a proposal constitutes a negotiable procedure within the meaning of section 7106(b)(2) of the Statute, the Authority examines whether the proposal would "directly interfere" with the exercise of a management right. - AFGE, Local 2429, 38 FLRA 1469 (1990); Treasury, BATF v. FLRA, 857 F.2d 819 (1988)

57 Negotiable Procedures Provisions requiring seniority-based assignments provided agency retains the right to determine employee qualifications and seniority is applied only to equally qualified employees FAA, 63 FLRA 502 (2009) Provisions requiring management to delay exercising its rights pending the completion of bargaining Antilles Consol. Educ. Ass n, 61 FLRA 327 (2005) Provisions requiring management to maintain and provide employees with documentation supporting a performance rating NTEU, 47 FLRA 705 (1993)

58 Non-negotiable Procedures Proposals that directed or precluded assignments to particular individuals identified by name or title AFGE Council 220, 65 FLRA 726 (2011) Proposals that prohibit management from soliciting or considering outside applicants until it has ranked and considered eligible unit applicants AFGE, Local 2429, 38 FLRA 1469 (1990) Proposals that preclude management from using a particular method of monitoring employees' work performance NFFE Local 1482, 44 FLRA 637 (1992)

59 7106(b)(3) Appropriate Arrangements To establish that a proposal is an arrangement, a union must show the adverse effects or reasonably foreseeable adverse effects that flow from the exercise of the management right. And that the arrangement is sufficiently tailored to compensate those employees suffering adverse effects because of the exercise of management's right. If the proposal is an arrangement, the Authority balances the proposal s benefits to employees against its burdens on management and determines whether the arrangement excessively interferes with management rights. - KANG, 21 FLRA 24, (1986); NFFE, Local 2192, 59 FLRA 868, (2004)

60 Arrangements Must seek to mitigate adverse effects flowing from exercise of a management right NAIL Local 5, 67 FLRA 85, 87 (2012) Union must identify effects or reasonably foreseeable effects that flow from management rights, and how they re adverse NAGE, Local R14-87, 21 FLRA 24, 31 (1986) Can t be speculative or hypothetical PASS, 59 FLRA 25, 29 (2003) Proposal/provision must be tailored to compensate/benefit employees suffering adverse effects due to management right AFGE Council of Prison Locals 33, 66 FLRA 929 (2012)

61 7106(b)(3) Excessive Interference The determination whether an interference with managerial prerogatives is excessive depends primarily on the extent to which the interference hampers the ability of an agency to perform its core functions -- to get its work done in an efficient and effective way. Thus, if implementation of a proposal will directly interfere with substantive managerial rights, but will not significantly hamper the ability of an agency to get its job done, the proposal is not negotiable as a procedure, but is negotiable (assuming the threshold test described above is met) as an appropriate arrangement. - AFGE, Local 1923 v. FLRA, 819 F.2d 306, (D.C. Cir. 1987); see also Ass n of Civilian Technicians v. FLRA, 534 F.3d 772 (D.C. Cir. 2008)

62 7106(b)(3) Arrangements and Arbitration In assessing whether a provision constitutes an enforceable section 7106(b)(3) arrangement, the Authority examines whether the provision abrogates i.e., waives management rights - EPA, 65 FLRA 113 (2010); see also AFGE Council of Prisons Locals, 68 FLRA 38 (2014) The Authority does not apply a tailoring test in resolving exceptions to an arbitration award Dep t of Justice, FCI Coleman, 65 FLRA 1040, 1044 (2011)

63 7106(b)(3) Arrangements and 7114(c) Review In assessing whether a provision constitutes a negotiable section 7106(b)(3) arrangement, the Authority examines whether the disapproved provision abrogates i.e., waives management rights. - NTEU, 65 FLRA 509 (2011); NTEU, 66 FLRA 809 (2012),vacated and rev d sub nom., Dep t of Treasury, IRS Office of Chief Counsel v. FLRA, 739 F.3d 13 (D.C. Cir. 2014), on remand, 67 FLRA 705 (2014)

64 Framework for Resolving Negotiability Disputes under 7106(a) and (b) Does the proposal affect a 7106(a) right? Is the proposal negotiable under 7106(b)(2) or (b)(3)? Is the proposal electively negotiable under 7106(b)(1)? - HUD Council of Locals 222, Local 2910, 54 FLRA 171 (1998)

65

66 PRACTICE EXERCISES

67 Recent Authority Decisions AFGE Local 1164, 67 FLRA 316 (2014), reconsideration denied, 68 FLRA 438 (2015) NAIL Local 7, 67 FLRA 654 (2014), reconsideration denied, 68 FLRA 133 (2014) Dep t of Justice, Fed. BOP, 68 FLRA 311 (2015) NTEU, 68 FLRA 334 (2015), review pending AFGE, SSA General Cmte., 68 FLRA 407 (2015) AFGE Local 2058, 68 FLRA 676 (2015)

68 Selected Fire Fighter Cases VA, Washington, D.C., 30 FLRA 961 (1988) (ULP workweek) IAFF Local F-159, 37 FLRA 836 (1990) (NEGOT training assignments) NFFE Local 1214, 45 FLRA 1121 (1992) (NEGOT work assignment and internal security) NAGE Local R12-33, 45 FLRA 802 (1992) (NEG classification) Dep t of Army, Army Signal Center, 58 FLRA 511 (2003) (ARB staffing); compare Dep t of Air Force, A.F. Materiel Command, 65 FLRA 395 (2010) (ARB staffing) IAFF, 59 FLRA 832 (2004) (NEG scheduling) NFFE Local 2192, 59 FLRA 868 (2004) (NEG work assignment) Dep t of Army, Fort Huachuca, 65 FLRA 442 (2011) (ARB discipline) VA Medical Center, Northport, NY, 66 FLRA 43 (2011) (ARB staffing)

69 FLRA.gov

70 Negotiability/Arbitration Guidance Guide to Negotiability Under the Federal Service Labor-Management Relations Statute : Guide to Arbitration Under the Federal Service Labor-Management Relations Statute :

71 FLRA OGC Resources The OGC can provide live training on all aspects of the Statute at the Regional level. The OGC maintains a wealth of updated information and resources at (click on the link Office of the General Counsel ), including: ULP Case Law Outline Representation Case Law Outline Guidances on numerous topics Manuals (ULP Casehandling, Representation Casehandling, Litigation) Forms Training materials, including on-line modules

72 FLRA.gov/ogc

73 FLRA.gov/ogc

74 FLRA.gov/ogc

75 Thanks! Kurt Rumsfeld