Definitions.

CFR · 2024-01-01 · US · Title 5

In this part, the following definitions apply: (a) (1) A proposal concerns a matter that is covered by a collective bargaining agreement; (2) Bargaining is not required because there has not been a change in bargaining-unit employees' conditions of employment or because the effect of the change is de minimis; and (3) The exclusive representative is attempting to bargain at the wrong level of the agency. (b) (c) (1) Affects a management right under 5 U.S.C. 7106(a); (2) Affects bargaining-unit employees' conditions of employment; (3) Enforces an “applicable law,” within the meaning of 5 U.S.C. 7106(a)(2); (4) Concerns a matter negotiable at the election of the agency under 5 U.S.C. 7106(b)(1); (5) Constitutes a “procedure” or “appropriate arrangement,” within the meaning of 5 U.S.C. 7106(b)(2) and (3), respectively; (6) Is consistent with a Government-wide rule or regulation; and (7) Is negotiable notwithstanding agency rules or regulations because: (i) The proposal or provision is consistent with agency rules or regulations for which a compelling need exists under 5 U.S.C. 7117(a)(2); (ii) The agency rules or regulations violate applicable law, rule, regulation, or appropriate authority outside the agency; (iii) The agency rules or regulations were not issued by the agency or by any primary national subdivision of the agency; (iv) The exclusive representative represents an appropriate unit including not less than a majority of the employees in the rule- or regulation-issuing

official document · source cfr-2024 · id 5:§ 2424.2