5 C.F.R. § 2427.5

Standards governing issuance of general statements of policy or guidance

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In deciding whether to issue a general statement of policy or guidance, the Authority shall consider:

(a) Whether the question presented can more appropriately be resolved by other means;

(b) Where other means are available, whether an Authority statement would prevent the proliferation of cases involving the same or similar question;

(c) Whether the resolution of the question presented would have general applicability under the Federal Service Labor-Management Relations Statute;

(d) Whether the question currently confronts parties in the context of a labor-management relationship;

(e) Whether the question is presented jointly by the parties involved; and

(f) Whether the issuance by the Authority of a general statement of policy or guidance on the question would promote constructive and cooperative labor-management relationships in the Federal service and would otherwise promote the purposes of the Federal Service Labor-Management Relations Statute.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Am. Fed'n of Gov't Employees v. FLRA, 24 F.4th 666 (D.C. Cir. 2022).

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Am. Fed'n of Gov't Employees v. FLRA, 24 F.4th 666 (D.C. Cir. 2022). “See 5 C.F.R. § 2427.5 . I. BACKGROUND In July 2019, the Office of Personnel Management (OPM) petitioned the Authority for a policy statement on the question whether zipper clauses are mandatory or permissive bargaining subjects.”

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