case using the Civil Rights Act, the ADRA, or the FSLMRS. Unless there
FSLMRS. The Court ruled the Privacy Act's prohibition from
The Court analyzed the FSLMRS mandate which "provides that
The FLRA based its decision in SSAOHA on a somewhat unexpected analysis of cases involving the Executive Order that managed federal labor relations before the FSLMRS. (22) The FLRA held that labor-relations cases decided under Executive Order 11,491 by the Assistant Secretary of Labor for Labor-Management Relations (Assistant Secretary of Labor) (23) were binding on cases arising under the FSLMRS unless specifically reversed.
Prior to enactment of the FSLMRS, labor-management relations within the federal sector were governed by Executive Order 11,491.
The Federal Service Labor-Management Relations Statute (FSLMRS) requires Federal agencies and employees' unions to "meet and negotiate in good faith for the purpose of arriving at a collective bargaining agreement."(7) The FSLMRS also created the Federal Labor Relations Authority, giving it broad power to adjudicate and make policy to implement the statute.
The Court ruled that the FSLMRS delegates to the Authority the legal power to determine whether parties must engage in midterm bargaining, even though the statute does not specifically address that question.
The FSLMRS enhanced union opportunities for the use of official
In perhaps the most significant change, the FSLMRS added a broad
In 1999, the Ninth Circuit resolved the apparent conflict holding that EEO settlement discussions were not grievances under the FSLMRS, and therefore did not require notice and an opportunity for union representation.
(14) In deciding the case, the FLRA focused on three issues: (1) whether an EEO settlement negotiation is formal within the meaning of the FSLMRS; (2) whether the EEO complaint is considered a grievance within the meaning of the FSLMRS; and (3) whether potential union participation undermines the EEOC's exclusive authority to resolve complaints of discrimination.
(22.) The FLRA is the federal agency responsible for interpreting and administering the FSLMRS
. It also renders the final decision in all ULP cases.