Negotiability dispute
Negotiability dispute means a disagreement between an exclusive representative and an agency concerning the legality of a proposal or provision. A negotiability dispute exists when an exclusive representative disagrees with an agency contention that (without regard to any bargaining obligation dispute) a proposal is outside the duty to bargain, including disagreement with an agency contention that a proposal is bargainable only at its election. A negotiability dispute also exists when an exclusive representative disagrees with an agency head's disapproval of a provision as contrary to law. A negotiability dispute may exist where there is no bargaining obligation dispute. Examples of negotiability disputes include disagreements between an exclusive representative and an agency concerning whether a proposal or provision:
(1) Affects a management right under 5 U.S.C. 7106(a);
(2) Affects bargaining-unit employees' conditions of employment;
(3) Enforces an “applicable law,” within the meaning of 5 U.S.C. 7106(a)(2);
(4) Concerns a matter negotiable at the election of the agency under 5 U.S.C. 7106(b)(1);
(5) Constitutes a “procedure” or “appropriate arrangement,” within the meaning of 5 U.S.C. 7106(b)(2) and (3), respectively;
(6) Is consistent with a Government-wide rule or regulation; and
(7) Is negotiable notwithstanding agency rules or regulations because:
(i) The proposal or provision is consistent with agency rules or regulations for which a compelling need exists under 5 U.S.C. 7117(a)(2);
(ii) The agency rules or regulations violate applicable law, rule, regulation, or appropriate authority outside the agency;
(iii) The agency rules or regulations were not issued by the agency or by any primary national subdivision of the agency;
(iv) The exclusive representative represents an appropriate unit including not less than a majority of the employees in the rule- or regulation-issuing agency or primary national subdivision; or
(v) No compelling need exists for the rules or regulations to bar negotiations.
Source
5 CFR § 2424.2
Scoping language
In this part, the following definitions apply: