Bargaining obligation dispute

Bargaining obligation dispute means a disagreement between an exclusive representative and an agency concerning whether, in the specific circumstances involved in a particular case, the parties are obligated by law to bargain over a proposal that otherwise may be negotiable. Examples of bargaining obligation disputes include disagreements between an exclusive representative and an agency concerning agency claims that:
(1) A proposal concerns a matter that is covered by a collective bargaining agreement;
(2) Bargaining is not required because there has not been a change in bargaining-unit employees' conditions of employment or because the effect of the change is de minimis; and
(3) The exclusive representative is attempting to bargain at the wrong level of the agency.

Source

5 CFR § 2424.2

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Scoping language

In this part, the following definitions apply:

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