---
kind: "section"
citation: "4 C.F.R. § 28.122"
title: "4"
number: "28.122"
heading: "Negotiability issues."
url: "https://uscodex.org/cfr/4/28.122"
---

# §28.122. Negotiability issues.


Where the GAO and an exclusive bargaining representative disagree on whether a matter is subject to negotiation as part of the requirement to bargain in good faith, the matter shall be appealable to the Board under the following procedures:

- (a) When, in connection with negotiations, a proposal is declared nonnegotiable, the party submitting the proposal shall, prior to the close of negotiations, submit to the other party a Request for Formal Negotiability Determination reciting the proposal in question. The party declaring the proposal nonnegotiable shall, within ten (10) days, deliver to the other party a Formal Negotiability Determination stating the basis for the Determination.
- (b) A Formal Negotiability Determination may be appealed to the Board within 20 days of its service by filing a Petition for Review with the Board. A complete statement of argument from the petitioner should accompany the Petition for Review.
- (c) The Board shall serve the Respondent with a copy of the Petition for Review and accompanying argument. Respondent shall reply to the Petition for Review within 20 days of its service upon respondent.
- (d) One or more members of the Board shall review the arguments, hold a hearing if the administrative judge deems it necessary, and issue a decision.
- (e) The decision shall become final in accordance with [§ 28.87](/cfr/4/28.87.md).

## Notes

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69303, Dec. 12, 2003]

### Authority

Authority: 31 U.S.C. 753.

### Source

Source: 58 FR 61992, Nov. 23, 1993, unless otherwise noted.

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69303, Dec. 12, 2003]