NTEU President Kelley Urges FSIP Panel To Move Quickly; Remains Concerned Over Lack Of A General Counsel

Press Release April 24, 2002

Washington, D.C.—Now that the president has appointed the final three members to the Federal Service Impasses Panel (FSIP), the leader of the largest independent union of federal employees expressed hope that the panel would move quickly to get up to speed on issues that are pending before the FSIP.

“It has been four months since the president dismissed the previous members of the FSIP,” said NTEU President Colleen M. Kelley, and it is only now that the panel is again complete. This is “far too long of a delay,” given the important role of the panel in federal sector labor-management relations, the union leader said.

The panel has been inactive this long because the initial four members appointed in mid-January, shortly after the previous panel was dismissed, were sworn into office only earlier this month.

The seven-member FSIP is an arm of the Federal Labor Relations Authority (FLRA) and has critical decision-making responsibilities for resolving impasses that might occur between federal agencies and their unions as they bargain over conditions of employment in the federal workplace.

President Kelley said she remains concerned that most members of the panel have no demonstrated experience in federal sector labor-management relations. “The ability of FSIP members to understand and act on complex matters involving federal workers requires solid understanding of federal sector labor law,” she stressed.

The Federal Services Labor-Management Relations Statute requires the president to appoint individuals who are familiar with governmental operations and knowledgeable in labor-management relations. (5 U.S.C. 7119(c)(2)) Of the seven members appointed to the panel, two apparently have labor experience stemming exclusively from the private sector, while the remaining members are experienced in many fields unrelated to federal workplace issues, the union leader said.

Further frustrating progress on labor-management relations is the absence of a General Counsel at the FLRA itself. Duties of this key position—which has been vacant since last fall—include issuing unfair labor practice complaints, promoting alternative dispute resolution techniques, and expanding labor and management training and education programs.

“The lack of a General Counsel continues to unnecessarily disrupt progress on many issues pending before the FLRA,” President Kelley said. “This is a costly interruption that does not well serve the American public. I urge the president to nominate a qualified individual to this position very soon.”

In the meantime, Kelley said she will look beyond the background and resumes of the FSIP members in the belief that the members understand that their role is to provide objective assistance to federal sector agencies and unions that have reached an impasse in negotiations and will do their best to expeditiously provide that assistance.

NTEU is the largest independent federal union, representing some 150,000 employees in 25 agencies and departments.

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