The Current FLRA’s Sad History before the DC Circuit
FLRA often gets its own law wrong in the opinion of the DC Circuit.
FLRA
Stay current with the latest Federal Labor Relations Authority (FLRA) news, case decisions, and policy shifts. This section tracks the impact of the Federal Service Labor-Management Relations Statute on the civil service, including critical rulings on Unfair Labor Practices (ULPs), negotiability appeals, and arbitration exceptions. Whether you are following the confirmation of new FLRA Board members, updates from the Federal Service Impasses Panel (FSIP), or changes to union representation rights under recent Executive Orders, find the expert analysis and reporting that federal employees and labor relations specialists need to navigate the modern federal workplace.
DC Circuit Reverses FLRA Again For Exceeding Its Authority
On June 3, the D.C. Circuit again reversed the FLRA for interpreting a law other than its own. The case, involving the negotiability of union proposals limiting Agency Inspector General investigations to procedures bargained with a union, demonstrated the Court’s continuing refusal to defer to an FLRA interpretation of a law other than the one it administers. The author suggests practitioners read the complete decision but addresses the highlights in his article.
Newest FLRA Member Seeking Moderation in Labor Relations Program
The newest Member of the Federal Labor Relations Authority is Patrick Pizzella. Here are his observations regarding his time at this agency since he began his term there in November.
2013: An Interesting Year for Federal Cases
Since the FLRA was inoperative for most of 2013, the most significant cases the MPSB and the Federal Courts.
Hot News for 2014: D.C. Circuit Slams FLRA Appropriate Arrangements Decisions
In a January 3, 2014 decision, the Federal Circuit stated: “As explained in this opinion, by adopting two inconsistent interpretations of the same statutory language, the Authority has acted arbitrarily and capriciously”. This deals the FLRA, only back in operation since mid-December, a stinging rebuke on arguably its most extensive political tool, the determination as to what is or isn’t an “appropriate arrangement.”
Senate Confirms FLRA, OPM Nominees
On October 16 and 30, the Senate confirmed the nominations of the Director of the Office of Personnel Management and three members of the Federal Labor Relations Authority.
FLRA Confirmation Hearings: Softball Questions, Vague Answers, No Substance
The Senate Committee on Homeland Security & Governmental Affairs held hearings on the pending confirmations of all three FLRA nominees on September 25. The author suggests that Federal LR practitioners watch the session which is about 1 ½ hours in length to get an appreciation of how the process works and how almost no discussion of substance took place.
President Nominates Patrick Pizzella to be FLRA Member
The Obama White House announced the nomination of Patrick Pizzella as an FLRA Member. The author asks if this will smooth the way for the confirmation of Carol Waller Pope whose nomination has been in limbo for almost a year.
What Makes An Arrangement Appropriate?
FLRA is not deciding any cases as they are missing two members. If the former Chair is reconfirmed, we can expect more union proposals to be offered and ordered negotiable as “appropriate arrangements” for violating a management statutory right. The Author recently covered this topic at the Society of Federal Labor and Employee Relations Professionals’ annual conference. This article offers the meat of that presentation and suggestions for dealing with FLRA on this issue.
FLRA Offers Opportunity to Comment on Prospective Advice and Training
FLRA is offering parties an opportunity to provide input to both its prospective Guide to Negotiability and negotiability training materials. The author suggests that Agencies review these materials and provide input as training dollars are scarce and field activities and offices may rely on the information provided. Act quickly, the offer expires May 7, 2013.
