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Does management have the right to refuse to bargain as long as the negotiability appeal process continues?

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Does management have the right to refuse to bargain as long as the negotiability appeal process continues?

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Yes and no. The theoretical ability to have the Federal Labor Relations Authority order management to bargain is unavailable while the appeal is pending. However, most refusals to bargain are based on the so-called management rights clause or on agency-wide policies.

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