Sec. 406. Collective bargaining procedures
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To achieve the purposes of this title, agencies shall begin collective bargaining negotiations by making their best effort to negotiate ground rules that minimize delay, set reasonable time limits for good-faith negotiations, call for Federal Mediation and Conciliation Service mediation of disputed issues not resolved within those time limits, and, as appropriate, promptly bring remaining unresolved issues to the Panel for resolution. For collective bargaining negotiations, a negotiating period of six weeks or less to achieve ground rules, and a negotiating period of between four and six months for a CBA under those ground rules, shall ordinarily be considered reasonable and to satisfy the goal set forth in section 402(3)(A) of this title.
Agencies shall commit the time and resources necessary to satisfy these temporal objectives and to fulfill their obligation to bargain in good faith. Any negotiations to establish ground rules that do not conclude after a reasonable period shall be expeditiously advanced to mediation and, as necessary, to the Panel. During any collective bargaining negotiations under chapter 71 of title 5, United States Code, and consistent with section 7114(b) of that chapter, the agency shall negotiate in good faith to reach agreement on a CBA, memorandum of understanding, or any other type of binding agreement that promotes the policies outlined in section 402 of this title.
If such negotiations last longer than the period established by the CBA ground rules—or, absent a preset deadline, a reasonable time—the agency shall consider whether requesting assistance from the Federal Mediation and Conciliation Service and, as appropriate, the Panel, would better promote effective and efficient Government than would continuing negotiations. Such consideration should evaluate the likelihood that continuing negotiations without Federal Mediation and Conciliation Service assistance or referral to the Panel would produce an agreement consistent with the goals of section 402 of this title, as well as the cost to the public of continuing to pay for both agency and collective bargaining representative negotiating teams.
Upon the conclusion of the sixth month of any negotiation, the agency head shall receive notice from appropriate agency staff and shall receive monthly notifications thereafter regarding the status of negotiations until they are complete. The agency head shall notify the President through the Office of Personnel Management of any negotiations that have lasted longer than nine months, in which the assistance of the Federal Mediation and Conciliation Service either has not been requested or, if requested, has not resulted in agreement or advancement to the Panel.
If the commencement or any other stage of bargaining is delayed or impeded because of a collective bargaining representative’s failure to comply with the duty to negotiate in good faith pursuant to section 7114(b) of title 5, United States Code, the agency shall consider whether to— file an unfair labor practice complaint under section 7118 of title 5, United States Code, after considering evidence of bad-faith negotiating, including refusal to meet to bargain, refusal to meet as frequently as necessary, refusal to submit proposals or counterproposals, undue delays in bargaining, undue delays in submission of proposals or counterproposals, inadequate preparation for bargaining, and other conduct that constitutes bad-faith negotiating; or propose a new contract, memorandum, or other change in agency policy and implement that proposal if the collective bargaining representative does not offer counterproposals in a timely manner.
An agency’s filing of an unfair labor practice complaint under section 7118 of title 5, United States Code, against a collective bargaining representative shall not further delay negotiations. Agencies shall negotiate in good faith or request assistance from the Federal Mediation and Conciliation Service and, as appropriate, the Panel, while such an unfair labor practice complaint is pending. In developing proposed ground rules, and during any negotiations, agency negotiators shall request the exchange of written proposals, so as to facilitate resolution of negotiability issues and assess the likely effects of specific proposals on agency operations and management rights.
To the extent that an agency’s CBAs, ground rules, or other agreements contain requirements for a bargaining approach other than the exchange of written proposals addressing specific issues, the agency shall, at the soonest opportunity, take steps to eliminate them. If such requirements are based on now-revoked Executive orders, including Executive Order 12871 (58 Fed. Reg. 52201; relating to Labor-Management Partnerships) and Executive Order 13522 (74 Fed. Reg. 66203; relating to Creating Labor-Management Forums to Improve Delivery of Government Services), agencies shall take action to rescind these requirements.
Pursuant to section 7114(c)(2) of title 5, United States Code, the agency head shall review all binding agreements with collective bargaining representatives to ensure that all their provisions are consistent with all applicable laws, rules, and regulations. When conducting this review, the agency head shall ascertain whether the agreement contains any provisions concerning subjects that are non-negotiable, including provisions that violate Government-wide requirements set forth in any applicable law, rule, or regulation.
If an agreement contains any such provisions, the agency head shall disapprove such provisions. The agency head shall take all practicable steps to render the determinations required by this subsection within 30 days of the date the agreement is executed, in accordance with section 7114(c) of title 5, United States Code, so as not to permit any part of an agreement to become effective that is contrary to applicable law, rule, or regulation.
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- 58 FR 52201
- 74 FR 66203
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Sec. 406
Collective bargaining procedures
Fed. Reg.58 FR 52201
Fed. Reg.74 FR 66203
Cites 4Cited by 0 across 0 sources