Has anyone actually read FLRA caselaw?
"And once the agreements take effect, they purport to “irrevocably” block the government’s ability to challenge anything about the concessions to the ICE union for the next eight years."
This is completely wrong. 1/x
"And once the agreements take effect, they purport to “irrevocably” block the government’s ability to challenge anything about the concessions to the ICE union for the next eight years."
This is completely wrong. 1/x
https://twitter.com/charlie_savage/status/1356346952884084739
Under FLRA law, an agency can refuse to implement a "non-negotiable" provision at any time. Non-negotiable is a term of art in federal sector labor relations. It means a provision that if a provision of a proposal or implemented CBA directly interferes with management rights 2/
defined in 5 USC 7106, it can be invalidated. If an agency declares a provision non-negotiable during the term of the CBA, the burden is on the Union to enforce the provision, meanwhile, the CBA operates in the absence of the provision. The FLRA applies the same standard 3/
to proposals as it does implemented agreements.
In negotiations, unions can negotiate procedures and appropriate arrangements for the management's exercise of its statutory rights under 7106, however management is not required to and is technically prohibited from 4/
In negotiations, unions can negotiate procedures and appropriate arrangements for the management's exercise of its statutory rights under 7106, however management is not required to and is technically prohibited from 4/
negotiating substance. The agency cannot negotiate away its management right to set the policy of the agency in a labor agreement.
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