Delegation of Removal Authority Over the Federal Service Impasses Panel

This memorandum delegates presidential authority to remove members of the Federal Service Impasses Panel (FSIP) to the Federal Labor Relations Authority (FLRA), requiring the FLRA to consider whether FSIP decisions promote an effective and efficient government and to report to the President within 10 days of any removal action.

Federal Register Open PDF 84 FR 63789

Impact dates

Date TBD
FLRA report to President after exercising removal authority

Key directives

Delegate removal authority over FSIP Chairman and members to FLRA under 5 U.S.C. 7119(c)(3)
FLRA must consider consistency with 5 U.S.C. 7101(b) effective and efficient government requirement
FLRA must submit report to President within 10 days of exercising removal authority
Authority may not be redelegated
FLRA must publish memorandum in Federal Register

Who is ordered

Federal Labor Relations Authority · FLRA

Timeline

Immediate

FLRA gains delegated removal authority over FSIP members
FLRA must publish memorandum in Federal Register

Near term (90d)

Any removal actions trigger 10-day reporting requirement to President

Long term

Potential shifts in federal labor dispute resolution based on FSIP membership changes
Possible precedent for delegated removal authority over other presidentially appointed panels

Risks & tensions

Centralizes control over federal labor dispute resolution by making FSIP members accountable to FLRA rather than directly to President
Vague standard of 'effective and efficient Government' creates uncertainty about removal criteria
Potential tension with FSIP independence in collective bargaining disputes
Reporting requirement to White House domestic policy advisor suggests political oversight of quasi-judicial body