Negotiability Dispute [Administrative Personnel] Law and Legal Definition

According to 5 CFR 2424.2 [ Title 5 -- Administrative Personnel 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 A -- Applicability of this Part and Definitions], negotiability dispute means “a disagreement between an exclusive representative and an agency concerning the legality of a proposal or provision. A negotiability dispute exists when an exclusive representative disagrees with an agency contention that (without regard to any bargaining obligation dispute) a proposal is outside the duty to bargain, including disagreement with an agency contention that a proposal is bargainable only at its election. A negotiability dispute also exists when an exclusive representative disagrees with an agency head's disapproval of a provision as contrary to law. A negotiability dispute may exist where there is no bargaining obligation dispute.”