TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER XCVII - DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM (DEPARTMENT OF HOMELAND SECURITY - OFFICE OF PERSONNEL MANAGEMENT)

SUBCHAPTER B - GOVERNMENT ETHICS

PART 9701 - DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM

subpart e - LABOR - MANAGEMENT RELATIONS

9701.509 - Powers and duties of the HSLRB.

  (a) The HSLRB may, to the extent provided in this subpart and in accordance with regulations prescribed by the HSLRB (1) Resolve issues relating to the scope of bargaining and the duty to bargain in good faith under 9701.518 and conduct hearings and resolve complaints of unfair labor practices concerning (i) The duty to bargain in good faith; and (ii) Strikes, work stoppages, slowdowns, and picketing, or condoning such activity by failing to take action to prevent or stop such activity; (2) Resolve disputes concerning requests for information under 9701.515(b)(5) and (c); (3) Resolve exceptions to arbitration awards involving the exercise of management rights, as defined in 9701.511, and the duty to bargain, as defined in 9701.518. The HSLRB must conduct any review of an arbitral award in accordance with the same standards set forth in 5 U.S.C. 7122(a), which is not waived for the purpose of this subpart but which is modified to apply to this section and to read HSLRB wherever the term Authority appears; (4) Resolve negotiation impasses in accordance with 9701.519; (5) Conduct de novo review of legal conclusions involving all matters within the HSLRB's jurisdiction; (6) Have discretion to evaluate the evidence presented in the record and reach its own independent conclusions with respect to the matters at issue; and (7) Assume jurisdiction over any matter concerning Department employees that has been submitted to FLRA pursuant to 9701.510, if the HSLRB determines that the matter affects homeland security.

  (b) The HSLRB may issue binding Department-wide opinions, which may be appealed as if they were decisions of the HSLRB in accordance with 9701.508(h).

  (c) In issuing opinions under paragraph (b) of this section, the HSLRB may elect to consult with the Authority.

  (d)(1) In any matter filed with the HSLRB, if the responding party believes that the HSLRB lacks jurisdiction, that party must timely raise the issue with the HSLRB and simultaneously file a copy of its response with the Authority in accordance with regulations established by the HSLRB. The HSLRB's determination with regard to its jurisdiction in a particular matter is final and not subject to review by the Authority.

  (2) If a matter involves one or more issues that are appropriately before the HSLRB and one or more issues that are appropriately before the Authority, the matter must be filed with the HSLRB in accordance with its procedures. The HSLRB will have primary jurisdiction over the matter. The HSLRB will decide those issues within its jurisdiction and will promptly transfer the matter to the Authority for resolution of any remaining issues.