§7117 Duty to Bargain in Good Faith; Compelling Need; Duty to Consult

Summary

Agencies must bargain in good faith about workplace matters, but not when a rule conflicts with federal law or is a Government-wide rule. For rules made by an agency or a main part of an agency (a "primary national subdivision"), bargaining only applies if the Authority finds there is no "compelling need" for the rule. That finding is required unless an exclusive union represents at least a majority of the affected employees. A union can ask the Authority to decide whether a compelling need exists. The Authority can also decide on its own. A rule is treated as having no compelling need only if the agency that made it says so in writing or the Authority so finds. The Authority may hold a quick hearing; the issuing agency must be a party, and the General Counsel is not a party. If an agency says the duty to bargain does not cover a matter (and subsection (b) does not apply), the union has until the 15th day after the agency’s claim to file a petition and give a copy to the agency head. The agency then has until the 30th day to withdraw its claim or file full reasons and give the union a copy. The union has 15 days to respond. The Authority should move quickly and issue a written decision. A union that represents a substantial number of employees must be consulted about Government-wide rules that change working conditions. Such unions must be told of proposed changes, given time to comment, and the agency must consider their views and give written reasons for its final action.