Sec. 402. Findings
255 words·~1 min read·
/bill/117/hr/7095/ih/section-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: Section 7101(b) of title 5, United States Code, requires the Federal Service Labor-Management Relations Statute (in this section referred to as the Statute ) to be interpreted in a manner consistent with the requirement of an effective and efficient Government. Unfortunately, implementation of the Statute has fallen short of these goals. CBAs and other agency agreements with collective bargaining representatives often make it harder for agencies to reward high performers, hold low performers accountable, or flexibly respond to operational needs.
Many agencies and collective bargaining representatives spend years renegotiating CBAs, with taxpayers paying for both sides’ negotiators. Agencies must also engage in prolonged negotiations before making even minor operational changes, like relocating office space. The Federal Government must do more to apply the Statute in a manner consistent with effective and efficient Government. To fulfill this obligation, agencies should secure CBAs that— promote an effective and efficient means of accomplishing agency missions; encourage the highest levels of employee performance and ethical conduct; ensure employees are accountable for their conduct and performance on the job; expand agency flexibility to address operational needs; reduce the cost of agency operations, including with respect to the use of taxpayer-funded union time; are consistent with applicable laws, rules, and regulations; do not cover matters that are not, by law, subject to bargaining; and preserve management rights under section 7106(a) of title 5, United States Code.
Further, agencies that form part of an effective and efficient Government should not take more than a year to renegotiate CBAs.