B
BACK PAY
Pay awarded an employee for compensation lost due to an unjustified personnel action is governed by the requirements of the Back Pay Act, 5 USC 5596.
BARGAINING AGENT
The union holding exclusive recognition for an appropriate unit as determined by the FLRA.
BARGAINING IMPASSE (IMPASSE). When the parties have reached a deadlock in negotiations they are said to have reached an impasse in negotiations. The statute provides for assistance by Federal Mediation and Conciliation Service (FMCS) mediators and the Federal Service Impasses Panel (FSIP) to help the parties settle impasses.
BARGAINING UNIT
A grouping of employees that a union represents or seeks to represent and that the FLRA finds appropriate under the criteria of 5 USC 7112 (community of interest, effective dealings, efficiency of operations) for collective bargaining purposes.
BINDING ARBITRATION
Under 5 USC 7121(b)(2)(A), a requirement that arbitration of grievances be binding (as opposed to advisory—which was permitted under Executive Order 11491).
BURDEN OF PROOF
When management takes disciplinary action against an employee, management must then prove it had cause to take the action. In most other instances, when the union is claiming that management has violated the contract or work rules, the union has the burden of proof.
BYPASS
Dealing directly with employees rather than with the exclusive representative regarding negotiable conditions of employment of bargaining unit employees. A bypass is an unfair labor practice prohibited by 5 USC 7116(a)(5).
