§7117 Duty to bargain in good faith; compelling need; duty to consult

Summary

Agencies must negotiate fairly with employee unions about workplace matters that come from agency rules, but not about rules that apply across the whole government. If a rule comes from an agency or a major part of an agency, the union can only force bargaining about it if the Authority (the agency that decides these disputes) finds there is no "compelling need" for the rule under its own procedures. If the union says a rule has no compelling need, the Authority will decide. A finding that no compelling need exists can happen if the rule-maker tells the Authority in writing that no compelling need exists, or if the Authority itself decides that. The Authority may hold a quick hearing before deciding, and the agency that made the rule must be part of any hearing. The General Counsel is not a party to such hearings. If an agency says it does not have to bargain about a matter (and the earlier compelling-need rule does not apply), the union (the exclusive representative) has 15 days to appeal to the Authority and must give the agency a copy. The agency then has 30 days to withdraw the claim or explain its reasons to the Authority and the union. The union has 15 days to reply. The Authority may hold a hearing, must move the case quickly, and must give a written decision as soon as possible. Also, a union that represents a substantial number of employees (as the Authority defines) must be allowed to consult with the agency about any government-wide rule that makes a major change in working conditions. The agency must tell the union about the proposed change, give time to comment, consider the union’s views, and write a reason for its final decision.