[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2424.2]

[Page 403-404]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2424--NEGOTIABILITY PROCEEDINGS--Table of Contents
 
          Subpart A--Applicability of This Part and Definitions
 
Sec. 2424.2  Definitions.

    In this part, the following definitions apply:
    (a) 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 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; and

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    (2) Bargaining is not required over a change in bargaining unit 
employees' conditions of employment because the effect of the change is 
de minimis.
    (b) Collaboration and Alternative Dispute Resolution Program refers 
to the Federal Labor Relations Authority's program that assists parties 
in reaching agreements to resolve disputes.
    (c) 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) Constitutes a procedure or appropriate arrangement, within the 
meaning of 5 U.S.C. 7106(b)(2) and (3), respectively; and
    (3) Is consistent with a Government-wide regulation.
    (d) Petition for review means an appeal filed with the Authority by 
an exclusive representative requesting resolution of a negotiability 
dispute. An appeal that concerns only a bargaining obligation dispute 
may not be resolved under this part.
    (e) Proposal means any matter offered for bargaining that has not 
been agreed to by the parties. If a petition for review concerns more 
than one proposal, then the term includes each proposal concerned.
    (f) Provision means any matter that has been disapproved by the 
agency head on review pursuant to 5 U.S.C. 7114(c). If a petition for 
review concerns more than one provision, then the term includes each 
provision concerned.
    (g) Service means the delivery of copies of documents filed with the 
Authority to the other party's principal bargaining representative and, 
in the case of an exclusive representative, also to the head of the 
agency. Compliance with part 2429 of this subchapter is required.
    (h) Severance means the division of a proposal or provision into 
separate parts having independent meaning, for the purpose of 
determining whether any of the separate parts is within the duty to 
bargain or is contrary to law. In effect, severance results in the 
creation of separate proposals or provisions. Severance applies when 
some parts of the proposal or provision are determined to be outside the 
duty to bargain or contrary to law.
    (i) Written allegation concerning the duty to bargain means an 
agency allegation that the duty to bargain in good faith does not extend 
to a proposal.