Negotiability Disputes. If Management believes a written Union proposal is nonnegotiable under 5 U.S.C. Chapter 71, they will raise the issue of negotiability in a timely fashion, at the early stages of the negotiation process, so that attempts can be made to cure any negotiability problems. If the negotiability issue cannot be resolved, the Union will be provided, upon written request, with a written statement of the rationale for a claim of nonnegotiability. The Union may submit a negotiability appeal to the Federal Labor Relations Authority (FLRA) in accordance with applicable regulations.
Negotiability Disputes. Where a matter is alleged to be inappropriate for local bargaining on the sole basis that it conflicts with the Master Agreement, the matter must be resolved under the arbitration clause of this Agreement. The arbitrator is not authorized to consider the merits of a disputed proposal. Matters involving other allegations of non- negotiability shall be referred to the Federal Labor Relations Authority (FLRA) for resolution.
Negotiability Disputes. Where a matter is alleged to be inappropriate for local bargaining on the sole basis that it conflicts with the Master Agreement, the matter must be resolved under the arbitration clause of the Agreement. The arbitrator is not authorized to consider the merits of a disputed proposal. Matters involving other allegations of non-negotiability shall be referred to the Federal Labor Relations Authority (FLRA) for resolution. If the parties agree to use ADR, the Labor Relations Representative prepares management’s position and participates in ADR session(s). If ADR is unsuccessful, mediation may be requested from Federal Mediation and Conciliation Service (FMCS). If the mediator declares impasse, the Labor Relations Representative prepares management’s position for impasse resolution. 1 – 5 days 1 – 10 days Bargaining Impasses. Impasses reached in bargaining, may, by mutual agreement, be resolved by interest arbitration, subject to approval of the Federal Service Impasses Panel (FSIP). If there are negotiability disputes, all agreed-upon terms shall be implemented upon agreement on all but the disputed items. Impasses resolutions shall be implemented expeditiously. If the Union fails to request FSIP assistance with seven (7) calendar days of its receipt of Management’s notice of intent to implement its last offer, Management may implement its last offer. If necessary, the Labor Relations Representative prepares management’s written position for formal FSIP review. 1 – 10 days Business Function: MANAGEMENT OF OFFICIAL TIME USED BY UNION REPRESENTATIVES Action Average Processing Time (Calendar Days) Responsibility ADMINISTRATION Program Office Shared The union president notifies the Labor Relations Branch in writing quarterly designating a union representative and the amount of official time. NFFE local presidents notify the management/LR contact in regional offices. Labor Relations Specialist
Negotiability Disputes. The Parties may mutually agree to conclude a new Agreement exclusive of those issues declared non-negotiable by the Agency. If such a partial Agreement is concluded, it will be reopened for negotiation on the disputed issues in the following circumstances:
Negotiability Disputes. (a) If any proposal is identified as non-negotiable at any time during the bargaining, disputes will be pursued in accordance with applicable laws and/or regulations.
Negotiability Disputes. The parties will attempt to resolve negotiability disputes informally during bargaining sessions. The Association may appeal a declaration of non-negotiability to the Federal Labor Relations Authority (FLRA). Negotiations over other unrelated issues shall continue. Negotiations on matters containing at least one proposal subject to a negotiability appeal shall not be considered as having been concluded until a decision is rendered by the FLRA on the negotiability appeal and any subsequent negotiations of the language that was the subject of the appeal, or alternative language, are complete. Once the FLRA issues a decision, negotiations will continue and agreed upon or imposed provisions will be included with other provisions.
Negotiability Disputes. Disputes over whether a proposal is nonnegotiable because (a) it is inconsistent with laws, rules, and regulations establishing conditions of employment and/or (b) it interferes with the exercise of rights reserved to management. Negotiability disputes normally are processed under the FLRA's "no fault" negotiability procedures.
Negotiability Disputes. Negotiability disputes will be processed in a manner consistent with the Statute and implementing regulations.
Negotiability Disputes. If management believes a Union proposal is non-negotiable, it will raise the issue of negotiability in a timely fashion during the negotiation process. On request, the Union will be provided a written statement from Management asserting non-negotiability and the basis thereof. The Union may submit a negotiability petition to the FLRA in accordance with Federal Regulations.
Negotiability Disputes. If a negotiability dispute involves a question solely as to whether a proposal conflicts, repeats, or paraphrases provisions of the master Agreement, it may be referred by either party to both the Headquarters Office and the National President of the National INS Council. The parties will discuss such a referral within ten (10) working days to attempt to resolve the issue. If the issue is not resolved, it may be presented as a Council or national-level Service grievance over the interpretation and application of the Master Agreement.
