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Federal Labor Relations Authority

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Federal Labor Relations Authority
FormedJanuary 1, 1979
Preceding1Federal Labor Relations Council
JurisdictionFederal government of the United States
HeadquartersWashington, D.C.

Federal Labor Relations Authority. It is an independent agency of the United States government that administers the labor-management relations program for over two million federal employees worldwide. Established by the Civil Service Reform Act of 1978, it replaced the previous Federal Labor Relations Council and began operations in 1979. The agency's mission is to promote stable and constructive labor-management relations within the federal service.

History

The agency was created as a cornerstone of the sweeping Civil Service Reform Act of 1978, signed into law by President Jimmy Carter. This legislation aimed to overhaul the federal personnel system, replacing the outdated framework established by Executive Order 10988 and the subsequent Federal Labor Relations Council. The establishment of this independent body was influenced by the model of the National Labor Relations Board, which governs private-sector labor relations. Key historical developments include its assumption of authority on January 1, 1979, and subsequent amendments to its governing statute, Title 5 of the United States Code.

Structure and organization

The agency is headed by a three-member Authority, whose members are appointed by the President of the United States with the advice and consent of the United States Senate. Members serve staggered five-year terms, and no more than two members may be affiliated with the same political party. The agency also includes the office of the General Counsel, an independent official responsible for investigating and prosecuting unfair labor practice charges. Its operations are supported by regional offices located in major cities like Washington, D.C., Atlanta, and San Francisco, which are organized under the Federal Service Impasses Panel and the Foreign Service Labor Relations Board.

Functions and responsibilities

Its primary functions include determining the appropriateness of bargaining units, supervising or conducting elections for union representation, and adjudicating complaints of unfair labor practices. The agency also provides leadership in resolving negotiation impasses through the Federal Service Impasses Panel and interprets and enforces the provisions of the Federal Service Labor-Management Relations Statute. It issues decisions and orders on a wide range of disputes between agencies such as the United States Department of Defense and labor organizations like the American Federation of Government Employees.

Jurisdiction and scope

The agency's jurisdiction extends to most civilian employees of the executive branch of the federal government, including agencies like the Department of Veterans Affairs and the Social Security Administration. However, it excludes certain entities such as the United States Postal Service, which is covered by the National Labor Relations Act, the Federal Bureau of Investigation, the Central Intelligence Agency, and the United States Government Accountability Office. Its authority also covers employees in locations worldwide, including those stationed with the Department of State or the United States Armed Forces in civilian capacities.

Key cases and decisions

Landmark decisions have shaped federal sector labor law, such as rulings on the scope of management rights under the statute and the duty to bargain over changes in working conditions. Significant cases have involved the negotiability of proposals related to performance appraisals, telework policies, and security clearance procedures. Precedents set in disputes between major agencies like the Department of Homeland Security and unions such as the National Treasury Employees Union have clarified the boundaries of collective bargaining in the federal government.

Relationship with other agencies

It operates independently but coordinates with other federal entities on intersecting issues. It works alongside the Office of Personnel Management on matters related to federal personnel policy and the Merit Systems Protection Board on cases involving both labor relations and prohibited personnel practices. While distinct, its role is often compared to that of the National Labor Relations Board for the private sector. It also interacts with the United States Department of Justice when litigation involves appeals to the United States Courts of Appeals or the Supreme Court of the United States.