Comment Number: OL-10507255
Received: 3/14/2005 9:39:20 AM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
No Attachments

Comments:

Section 9901.917 – Duty to bargain and consult – Bargaining over an initial collective bargaining agreement or any successor agreement should be completed within 90 days, unless the parties mutually agree to continue bargaining. If there is no agreement, either party may refer the matter to the Board for resolution. At any time prior to going to the Board, either party may refer the matter to FMCS for assistance. Bargaining during the term of an existing collective bargaining agreement over a proposed change affecting bargaining unit employees’ conditions of employment should be completed within 30 days. If there is no agreement, either party may refer the matter to the Board for resolution. Either party may refer the matter to FMCS for assistance at any time. Note: The supplementary material in the beginning of the regulations says, 'Midterm bargaining …must be completed within 30 days or management will be able to implement the change after notifying the union.' It goes on say that either party may refer the matter to the NSLRB for impasse resolution. This appears to be an inconsistency.