C.F.R. » Title 5 » CHAPTER XIV—FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL › SUBCHAPTER C—FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY › PART 2424—NEGOTIABILITY PROCEEDINGS › Subpart F—Criteria for Determining Compelling Need for Agency Rules and Regulations

5 C.F.R. § 2424.50

Illustrative criteria

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A compelling need exists for an agency rule or regulation concerning any condition of employment when the rule or regulation was issued by the agency or any primary national subdivision of the agency, and the agency demonstrates that the rule or regulation satisfies one of the following illustrative criteria:

(a) The rule or regulation is essential, as distinguished from helpful or desirable, to the accomplishment of the mission or the execution of functions of the agency or primary national subdivision in a manner that is consistent with the requirements of an effective and efficient government.

(b) The rule or regulation is necessary to ensure the maintenance of basic merit principles.

(c) The rule or regulation implements a mandate to the agency or primary national subdivision under law or other outside authority, which implementation is essentially nondiscretionary in nature.

[63 FR 66413, Dec. 2, 1998, as amended at 88 FR 62460, Sept. 12, 2023]
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: United States Dep't of the Air Force v. Fed. Labor Relations Auth., 648 F.3d 841 (D.C. Cir. 2011).
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United States Dep't of the Air Force v. Fed. Labor Relations Auth., 648 F.3d 841 (D.C. Cir. 2011). “§ 7117 ; 5 C.F.R. § 2424.50 , and alternatively proposed as a subject for negotiation that the Air Force provide uniform cleaning services.”
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