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Labor Management Relations Glossary

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Federal Labor Relations Authority (FLRA, Authority)

The independent agency responsible for administering the Federal Service Labor-Management Relations Statute (FSLMRS). As such, it decides, among other things, representation issues (e.g., the bargaining unit status of certain employees), unfair labor practices (violations of any of the provisions of the FSLMRS), negotiability disputes (i.e., scope of bargaining issues), exceptions to arbitration awards, as well as resolves disputes over consultation rights regarding agency-wide and Governmentwide regulations.

The Authority's General Counsel investigates unfair labor practice (ULP) charges and decides whether to issue and prosecute ULP complaints, and the Authority's Federal Service Impasses Panel resolves bargaining impasses. See § 7105 for a complete listing of the Authority's powers and duties and 5 CFR Parts 2422, 2423, 2424, 2425, and 2426for its regulations.

For more information on FLRA, see its webpage at http://www.flra.gov/.

Federal Mediation And Conciliation Service (FMCS)

An independent agency that provides mediators to assist the parties in negotiations. Although the bulk of its work is in the private sector, it also provides its services to the Federal sector -- see § 7119(a). FMCS also maintains a roster of qualified private arbitrators, panels of which are referred to the parties upon joint request. See MEDIATION.

For more information on FMCS, see http://www.fmcs.gov/.

Federal Service Impasses Panel (FSIP or Panel)

Entity within FLRA that resolves bargaining impasses, chiefly by ordering the parties to adopt certain contractual provisions relating to the conditions of employment of unit employees. It was created as a strike-substitute (strikes are prohibited in the Federal sector--see 7 FLRA No. 10, where the Authority decertified the Professional Air Traffic Controllers Organization (PATCO) because it had engaged in a strike) or other economic tests of strength that frequently determine bargaining outcomes in the private sector. The Panel uses many procedures for resolving impasses, including factfinding, med-arb, final-offer interest arbitration, either by the Panel, individual members of the Panel, the Panel's staff, or by ordering the parties to refer their impasse to an agreed-upon private arbitrator who is to provide interest-arbitration services. Under section 7119(c)(5)(B)(iii), FSIP may "take whatever action is necessary and not inconsistent with this chapter to resolve the impasse." For example, if the parties can't agree on particular provision(s)--i.e., contractually determined conditions of employment, FSIP has authority to tell them what to put (or not put) in their contract. However, it is not a ULP to refuse to comply with a FSIP order dealing with a permissive subject of bargaining. See 15 FLRA Nos. 65 and 100 - 104. See 5 CFR 1470 ff for FSIP's regulations.

For more information on FSIP, see http://www.flra.gov/fsip/panel.html.

Federal Service Labor-management Relations Statute (FSLMRS)

5 U.S.C. § § 7101 - 7135. The basis of the labor-management relations program for most non-postal Federal employees. See AGENCY and EMPLOYEE, above. The statute can be downloaded from: www.law.cornell.edu/uscode/5/ch71.html.

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