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Administrative Law Keyed to Breyer
National Labor Relations Board Union v. Federal Labor Relations Authority
Citation:
834 F.2d 191 (1987)Facts
The Federal Service Labor-Management Relations Statute imposes on federal agencies a duty to bargain in good faith with unions about employees’ conditions of employment. However, this duty does not extend to proposals that would impair management rights or conflict with federal law or government-wide regulations. The FLRA’s regulations at 5 C.F.R. §§ 2423.5 and 2424.5 provide that when an agency refuses to bargain over a proposal solely because it believes the proposal is non-negotiable, and this refusal is not accompanied by actual or contemplated changes in conditions of employment, the union may only file a negotiability appeal and cannot pursue unfair labor practice remedies. The Union challenged these regulations, arguing that they improperly limit remedies available to unions when agencies refuse to bargain over negotiable matters. The Union contended that even a good-faith refusal to negotiate is an unfair labor practice and should be subject to remedial orders with retroactive effect as provided in 5 U.S.C. § 7118(a)(7)(B).
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