This article will examine the negotiability of labor-management issues under the Civil Service Reform Act of 1978 (hereinafter the Act) . A brief examination will be made of federal sector negotiability prior to codification of federal collective bargaining in the Act. The relevant statutory provisions governing negotiability will be set forth and surveyed. The decisions and policies of the Federal Labor Relations Authority (hereinafter the Authority) and court decisions will be examined. This paper will examine the tests that the Authority utilizes to determine whether a proposal is negotiable and whether these tests provide meaningful guidance to federal agencies and the exclusive representatives of federal employees. Several specific subject areas will be examined to provide the reader with insights into how negotiability issues are decided. It is beyond the scope of this paper to examine how the failure to negotiate in good faith may constitute an unfair labor practice under the Act. (SDW).

The Guide is used throughout the federal sector for detailed discussions of negotiability determinations, decisions reviewing arbitration awards, unfair labor practice decisions, and representation cases. It is updated annually, and is used throughout the world for procedural guidance by practitioners and arbitrators.