The FLRA has extended through February 11 an opportunity for comment on draft changes to its rules on bargaining, including the circumstances in which an agency can refuse to negotiate over a union proposal on grounds that it would be contrary to an agency policy for which there is a “compelling need.”
That was one of a number of provisions in proposed rules whose comment period otherwise would have expired by now. The proposed changes in general aim to speed up bargaining by setting new policies on what is negotiable and on deadlines for unions to request the FLRA’s intervention and for agencies to respond.
Federal labor-management law lists “illustrative criteria” for what constitutes a compelling need, including that the agency policy “is essential, as distinguished from helpful or desirable, to the accomplishment of the mission or the execution of functions of the agency”; that it “is necessary to ensure the maintenance of basic merit principles”; or “implements a mandate to the agency” under law or other outside authority.
FLRA’s proposal says that there may be “other, or more appropriate,” examples of what would qualify as a compelling need and solicited suggestions.
Separately, the FLRA recently rejected a request from OPM to issue a general policy statement on what qualifies as a compelling need.
However, the FLRA said that it would extend the comment period to give interested parties more time to address that question, as well as other aspects of its proposal. Instructions for making comments are in that notice in the January 28 Federal Register.
See also, FLRA Denies Agency Requests to Issue Policy Statements on Bargaining