FEDERAL LABOR RELATIONS AUTHORITY
In order to be timely, a negotiability appeal (petition for review) must be
filed (postmarked or delivered in person to the Federal Labor Relations
Authority in Washington, D.C.):
- Within 15 days after service on the Union of an Agency's written
allegation of non-negotiability (including a written disapproval of a
negotiated agreement). . . . (5 C.F.R. 2424.3)
(Example: If the allegation is served on the Union by
personal delivery on July 2nd, a petition for review must be filed by July
17th. If July 17th is a weekend or a Federal holiday, the filing date will
be extended to the following workday. Further, if service of the allegation
is by mail, 5 days are added to the due date.)
- NOTE: A negotiability appeal may be filed in certain circumstances
without an Agency's written allegation of nonnegotiability not less than 10
days after the Union has submitted a written request for an allegation to
which the Agency has failed to respond. . . . 5 C.F.R. 2424.3.
Except for appeals over whether a compelling need exists for an Agency
regulation, the time limit for filing a negotiability appeal may not be
extended or waived by the Authority. 5 C.F.R.
The following checklist may be used in preparing your Petition for Review.
Your petition must contain at a minimum the following listed items:
- Text of proposal(s) . . .(5 C.F.R.
- Statement of meaning of proposal(s) . . .(5 C.F.R.
- Explanation of uncommon language . . .(5 C.F.R.
- Description of unusual circumstances . . .(5 C.F.R.
- Copy of written allegation of nonnegotiability . . .(5 C.F.R.
- Copy of Union's written request for a written allegation . . .(5 C.F.R.
- Other pertinent documents . . .(5 C.F.R.
- Yes or no statement if ULP charge has been filed on the same issue . .
- If ULP charge has been filed, then furnish docket # of the charge,
and a statement selecting either ULP or negotiability appeal to be processed
first . . .(5
A complete copy (including all attachments) of a petition for review
- Be served (by certified mail or personal delivery) on: (1) Principle
Agency Bargaining Representative at the negotiations; and (2) the Head
of the Agency (or designee) . . .(5 C.F.R.
2424.4(b) & 2429.27(b))
- Contain a signed and dated statement of service with names and addresses
of parties served, date of service, nature of document served, and whether by
certified mail or personal delivery. (See following example) . . .(5 C.F.R.
- Contain an original and 4 complete and legible copies of all documents . .
- Be addressed to:
Case Control Office,
Federal Labor Relations Authority
14th Street, NW.
Washington, D.C. 20424-0001
Example of Statement / Certificate of Service to be used by Union in filing
a petition for review of negotiability issues.
STATEMENT OF SERVICE
I certify that a complete copy of the petition for review, including all
attachments, in the case of the UNION and AGENCY were filed with
the Case Control Office, Federal Labor Relations Authority, Washington, D.C.,
and were sent this day to:
|Agency Principal Bargaining
(Title and Mailing Address)
Bargaining Representative is the individual who signed the Agency
|Indicate near each name the Method of
Service (Certified Return Receipt or Personal Delivery -- Usage of
delivery services other than the U.S. Postal Service is considered
|The Head of the Agency (or designee)
Title and Mailing Address)
Name of filing
Signature of Union's
*/ For example, for components of the U.S. Department of Defense, the
Head of the Agency (or "Agency Head") is the Secretary of Defense, or his
or her designee.