ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR UNFAIR LABOR PRACTICE CHARGES
The parties agree that an Unfair Labor Practice (ULP) will have the meaning
given by the Federal Service Labor/Management Relations Statute (the Statute),
and may be filed by either the Employer or the Union in accordance with the provisions
of the Statute and this Agreement.
The Parties agree that the resolution of differences in the most expeditious
manner is in the best interest of all concerned, and that alternatives to expensive
litigation are in the best interest of the Government and the public trust. Therefore,
Prior to filing a ULP with the FLRA, whichever party is filing will serve the
ULP on the other Party. The Parties agree to meet within fifteen (15) work days
of receipt of the ULP from the charging party to discuss the issue(s) involved and
make a good faith attempt at informal resolution. The attempt at informal resolution
will not involve demands and concessions, but rather will be focused on the open
exchange of the views, supporting facts and information, concerns and the interests
of the Parties. The fifteen (15) day time frame may be extended or waived by mutual
agreement of the Parties.
If resolution is not reached by the end of the fifteen (15) day period or any
agreed-to extensions, the charging Party may drop the charge or file it with the
FLRA. Should the charging Party decide to drop the charge, written notification
will be provided to the other Party within fifteen (15) days following the expiration
of the fifteen (15) day period or any agreed-to extensions.
Either Party may request the services of a mediator from the Federal Mediation
and Conciliation Service to facilitate informal resolution attempts. The charging
Party will accommodate the request for mediation from the other Party, and will not
proceed with further action on the ULP until mediation has taken place. The fifteen
(15) day time period will be suspended pending the availability of a mediator. Should
the charging Party request mediation services, the other Party should accommodate the
request. However, if the other Party refuses to participate, the charging Party is
free to take any actions allowable by the statute or the provisions of this Agreement.
The Parties further agree that once a ULP has been filed with the Authority, and a
complaint has been issued, they will participate in good faith in any alternative dispute
resolution procedures recommended by the Authority prior to a formal hearing.
Nothing in the Article is intended to compromise or restrict the statutory rights
of the Parties.