those actions that may be necessary to carry out the Agency’s mission during emergencies; or 

other extraordinary circumstances having a significant impact on safety and efficiency of the NAS; or 

Matters which the Agency has a COMPELLING NEED to implement.





Furthermore : 

 Operational necessity is not to be invoked as a means to avoid pre-implementation bargaining. Rather it is the firm intent of the Parties that these provisions will be strictly followed in resolving issues under this Article prior to implementation. Operational necessity will only be invoked in those cases, which meet the strict definition set forth in this Section. If the Agency believes that it is necessary to implement changes prior to the completion of bargaining due to operational necessity, the Agency will notify the Union at the national level with the reasons for proceeding


There are three "illustrative criteria" of compelling need: 

(1) the regulation is essential to the effective and efficient accomplishment of the mission of the agency, 

(2) the regulation is necessary to insure the maintenance of basic merit principles, and 

(3) the regulation implements a mandate of law or other authority (e.g., a regulation) in an essentially nondiscretionary manner. 5 CFR 2424.50. 


Compelling need determinations may not be made by the Federal Labor Relations Authority in an unfair labor practice proceeding. FLRA v. Aberdeen Proving Ground, 108 S.Ct. 1261 (1988). FLRA rarely finds a compelling need for agency regulations that impose requirements beyond those already established by laws or Government wide regulations.