The Scope Of Bargaining Under Executive Order 11491

Labor-management relations in the Federal Service are governed by Executive Order 11,491. The essence of the Order is for representatives of an agency and representatives of labor organization representing employees of the agency to meet, and confer in good faith with respect to personnel policies and practices and matters affecting working conditions. The end result is a collective bargaining agreement between the agency and the labor organization. Yet, as in the private sector, limits are placed upon the scope of collective bargaining. The parties are prohibited from bargaining over matters precluded by: ' ... applicable laws and regulations, including policies set forth in the Federal Personnel Manual; published agency policies and regulations for which a compelling need exists under criteria established by the Federal Labor Relations Council and which are issued at the agency headquarters level or at the level of a primary national subdivision; a national or other controlling agreement at a higher level in the agency; and this Order.' Once bargaining begins, the threshhold question regarding each and every proposal submitted is whether or not the Order precludes negotiation over the subject matter covered. This paper analyzes the impact this limitation on the scope of negotiations has on labor-management relations in the Federal Service.

Labor-management relations in the Federal Service are governed by Executive Order 11,491. The essence of the Order is for representatives of an agency and representatives of labor organization representing employees of the agency to meet, and confer in good faith with respect to personnel policies and practices and matters affecting working conditions. The end result is a collective bargaining agreement between the agency and the labor organization. Yet, as in the private sector, limits are placed upon the scope of collective bargaining. The parties are prohibited from bargaining over matters precluded by: ' ... applicable laws and regulations, including policies set forth in the Federal Personnel Manual; published agency policies and regulations for which a compelling need exists under criteria established by the Federal Labor Relations Council and which are issued at the agency headquarters level or at the level of a primary national subdivision; a national or other controlling agreement at a higher level in the agency; and this Order.' Once bargaining begins, the threshold question regarding each and every proposal submitted is whether or not the Order precludes negotiation over the subject matter covered. This paper analyzes the impact this limitation on the scope of negotiations has on labor-management relations in the Federal Service.