Title 5--ADMINISTRATIVE PERSONNEL
Chapter XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE


the Federal Labor Relations Authority, the General Counsel of the Federal Labor Relations Authority and the Federal Service Impasses Panel providing for public access...


Counsel of the Federal Labor Relations Authority. Regional Directors of the Federal Labor Relations Authority, the Freedom of Information Officer of the Office...


Counsel of the Federal Labor Relations Authority. (1) It is the policy of the Federal Labor Relations Authority and the General Counsel of the Federal...


Relations Authority/General Counsel of the Federal Labor Relations Authority. Any person who desires to inspect or copy any records, documents or other information of the...


request under this part should reasonably describe the records being sought in a way that they can be identified and located. A request should include all pertinent details that...


established pursuant to this section shall begin as of the time at which a request for records is logged in by the appropriate Regional Director, the Freedom of...


Relations Authority/General Counsel of the Federal Labor Relations Authority. (1) Whenever any request for records is denied, a written appeal may be filed within thirty (30)...


as specified in this section, the time limits prescribed with respect to initial determinations or determinations on appeal may be extended by written notice from...


the Authority, the General Counsel or the Panel either to deny or grant any request under this part within the time limits prescribed by the Freedom of Information Act, as amended,...


section: (1) The term direct costs means those expenditures which the Authority, the General Counsel or the Panel actually incurs in searching for and duplicating (and in...


or the Panel, or the General Counsel, or other officer or employee of the Authority, the Panel, or the General Counsel shall produce or present any files, documents,...


the Executive Director of the Authority shall submit a report of the activities of the Authority, the General Counsel and the Panel with regard to public...


the General Counsel of the Federal Labor Relations Authority and the Federal Service Impasses Panel implementing the Privacy Act of 1974, as amended, 5 U.S.C....


of the United States or an alien lawfully admitted for permanent residence. (b) Maintain includes maintain, collect, use or disseminate. (c) Record means any...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2412.3] [Page 341] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2412_PRIVACY--Table of Contents Sec. 2412.3 Notice and publication. The Authority, the General Counsel, and the Panel will publish in the Federal Register such notices describing systems of records as are required by law. [51 FR 33837, Sept. 23, 1986] ...


records maintained by the Authority, the General Counsel and the Panel contains a record pertaining to the individual must submit a written inquiry as follows: (1)...


of any record pertaining to the individual which is contained in a system of records maintained by the Authority, the General Counsel and the Panel must submit a...


of a request pursuant to Sec. 2412.5, the appropriate Regional Director or the Director of Administration of the Authority, as appropriate, shall make an initial...


which, in the opinion of the appropriate Regional Director or the Director of Administration of the Authority, as appropriate, may be harmful to the requester...


by person other than that individual shall also be directed as follows: (1) If the system of records is located in a regional office of the Authority, it should be made to...


of Administration of the Authority shall maintain a record (``accounting'') of every instance in which records about an individual are made available, pursuant to...


if the individual disagrees with any information in the record, the individual may request that the records maintained about the individual be corrected or...


the date of receipt of a request for correction or amendment, the appropriate Regional Director or the Director of Administration of the Authority, as appropriate,...


amended or corrected pursuant to Sec. 2412.11 or a written statement filed pursuant to Sec. 2412.13, the appropriate Regional Director or the Director of Administration of...


(a) Any individual whose request for access to, or amendment or correction of, records of the Authority, the General Counsel or the Panel has been denied in whole or...


Panel will provide a copy of the records to the individual to whom they pertain. There will be a charge of ten cents per copy of each page. (b) Any charges may be waived...


concerning an individual from the Authority, the General Counsel or the Panel under false pretenses shall be subject to criminal prosecution under 5 U.S.C. 552a(i)(3)...


for related purposes. Pursuant to 5 U.S.C. 552a(j)(2), the FLRA hereby exempts the system of records entitled ``FLRA/OIG-1, Office of Inspector General Investigative...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2413.1] [Page 345] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2413_OPEN MEETINGS--Table of Contents Sec. 2413.1 Purpose and scope. This part contains the regulations of the Federal Labor Relations Authority implementing the Government in the Sunshine Act, 5 U.S.C. 552b. ...


shall be open to public observation, except as provided in Sec. 2413.4, and Authority members shall not jointly conduct or dispose of agency business other than...


of at least two (2) members of the Authority where such deliberations determine or result in the joint conduct or disposition of official agency business, but does...


that the public interest requires otherwise, meetings, or portions thereof, shall not be open to public observation where the deliberations concern the issuance of...


to public observation under Sec. 2413.4, only when a majority of the members of the Authority who will participate in the meeting vote to take such action. (a) When...


setting forth the time, place and subject matter of meetings, or portions thereof, closed to public observation pursuant to the provisions of Sec. 2413.4(a), shall be...


(a) For every meeting, or portion thereof, closed under the provisions of Sec. 2413.4, the presiding officer shall prepare a statement setting forth the time...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2414.1] [Page 348] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2414_EX PARTE COMMUNICATIONS--Table of Contents Sec. 2414.1 Purpose and scope. This part contains the regulations of the Federal Labor Relations Authority relating to ex parte communications. ...


agency shall, in any agency proceeding subject to 5 U.S.C. 557(a), make or knowingly cause to be made any prohibited ex parte communication to any Authority...


this agency, to whom the prohibitions apply, shall include any individual outside the Authority, labor organization, agency, or other entity, or an agent thereof, and...


of the Authority entered in the proceeding, the prohibition of Sec. 2414.2 shall be applicable in any agency proceeding subject to 5 U.S.C. 557(a) beginning at the time...


parte communications prohibited by Sec. 2414.2 shall include: (a) Such communications, when written, if copies thereof are not contemporaneously served by the communicator...


Sec. 2414.2 shall not include: (a) Oral or written communications which relate solely to matters which the Hearing Officer, Regional Director, Administrative...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2414.7] [Page 349] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2414_EX PARTE COMMUNICATIONS--Table of Contents Sec. 2414.7 Solicitation of prohibited communications. No person shall knowingly and willfully solicit the making of an unauthorized ex parte communication by any other person. ...


Administrative Law Judge, or other Authority employee who is or may reasonably be expected to be involved in the decisional process of the proceeding relevant to the...


a prohibited communication made by or caused to be made by a party to the proceeding are such that the interests of justice and statutory policy may require...


Relations Authority, the General Counsel of the Federal Labor Relations Authority and the Federal Service Impasses Panel, respectively, hereby adopt the rules and...


Contents Sec. 2416.101 Purpose. The purpose of this regulation is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and...


Contents Sec. 2416.102 Application. This regulation (Sec. Sec. 2416.101-2416.170) applies to all programs or activities conducted by the agency, except...


Contents Sec. 2416.103 Definitions. For purposes of this regulation, the term-- Assistant Attorney General means the Assistant Attorney...


Contents Sec. 2416.110 Self-evaluation. (a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects...


Contents Sec. 2416.111 Notice. The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons...


Contents Sec. 2416.130 General prohibitions against discrimination. (a) No qualified individual with handicaps shall, on the basis of handicap,...


Contents Sec. 2416.140 Employment. No qualified individual with handicaps shall, on the basis of handicap, be subject to discrimination in employment...


Contents Sec. 2416.149 Program accessibility: Discrimination prohibited. Except as otherwise provided in Sec. 2416.150, no qualified individual...


Contents Sec. 2416.150 Program accessibility: Existing facilities. (a) General. The agency shall operate each program or activity so that the program...


Contents Sec. 2416.151 Program accessibility: New construction and alterations. Each building or part of a building that is constructed or altered by,...


Contents Sec. 2416.160 Communications. (a) The agency shall take appropriate steps to ensure effective communication with applicants,...


Contents Sec. 2416.170 Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations...


to implement the provisions of chapter 71 of title 5 and, where applicable, section 431 of title 3 of the United States Code. They prescribe the procedures, basic...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.1] [Page 357] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.1 Federal Service Labor-Management Relations Statute. The term Federal Service Labor-Management Relations Statute means chapter 71 of title 5 of the United States Code. ...


Secretary. (a) The terms person, employee, agency, labor organization, dues, Authority, Panel, collective bargaining agreement, grievance,...


rules or regulations; exclusive recognition; unfair labor practices. (a) National consultation rights has the meaning as set forth in 5 U.S.C. 7113; ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.4] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.4 Activity. Activity means any facility, organizational entity, or geographical subdivision or combination thereof, of any agency. ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.5] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.5 Primary national subdivision. Primary national subdivision of an agency means a first-level organizational segment which has functions national in scope that are implemented in field activities. ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.6] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.6 Regional Director. Regional Director means the Director of a region of the Authority with geographical boundaries as fixed by the Authority. ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.7] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.7 Executive Director. Executive Director means the Executive Director of the Authority. ...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.8] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.8 Hearing Officer. Hearing Officer means the individual designated to conduct a hearing involving a question concerning the appropriateness of a unit or such other matters as may be assigned. ...


Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7116,...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.10] [Page 358] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.10 Chief Administrative Law Judge. Chief Administrative Law Judge means the Chief Administrative Law Judge of the Authority. ...


employing agency or activity or individual filing a charge, petition, or request; (b) Any labor organization or agency or activity (1) Named as (i)...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.12] [Page 359] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.12 Intervenor. Intervenor means a party in a proceeding whose intervention has been permitted or directed by the Authority, its agents or representatives. ...


by the Authority, its agents or representatives, of the results of an election, or the results of a petition to consolidate existing exclusively...


grouping of employees found to be appropriate for purposes of exclusive recognition under 5 U.S.C. 7111, and for purposes of allotments to representatives under 5...


by ballot, voting machine or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a...


evidence of membership in a labor organization; employees' signed and dated authorization cards or petitions authorizing a labor organization to represent them for purposes...


Regular and substantially equivalent employment means employment that entails substantially the same amount of work, rate of pay, hours, working conditions, location of...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2421.18] [Page 359] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2421_MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents Sec. 2421.18 Petitioner. Petitioner means the party filing a petition under part 2422 of this subchapter. [60 FR 67291, Dec. 29, 1995] ...


the payroll period during which an employee must be in an employment status with an agency or activity in order to be eligible to vote in a representation election under part 2422...


an agreement under part 2422 of this subchapter signed by all the parties, and approved by the Regional Director, concerning the details and procedures of a...


by issues raised, as used in part 2422, should be construed broadly to include parties and other [[Page 360]] labor organizations, or agencies or activities...


ballots are challenges that are unresolved prior to the tally and sufficient in number after the tally to affect the results of the election. [60 FR...


(a) Elections or Eligibility for dues allotment. To request: (1)(i) An election to determine if employees in an appropriate unit wish to be represented for...


filed by: an individual; a labor organization; two or more labor organizations acting as a joint- petitioner; an individual acting on behalf of any employee(s); an agency...


filed on a form prescribed by the Authority and contain the following information: (1) The name and mailing address for each agency or activity affected by issues raised in...


written objection, or application for review shall be served on all parties affected by issues raised in the filing. The service shall include all documentation...


the Regional Director for the region in which the unit or employee(s) affected by issues raised in the petition are located. If the unit(s) or employees are located in two...


petition is filed, the Regional Director will notify any labor organization, agency or activity that the parties have identified as being affected by issues raised by the...


petition. When appropriate, the Regional Director, after the filing of a representation petition, will direct the agency or activity to post copies of a notice to all employees...


cross-petition is a petition which involves any employees in a unit covered by a pending representation petition. Cross-petitions must be filed in accordance with this subpart. ...


showing of interest refers to the percentage of employees in the unit involved as required by Sec. Sec. 2422.3 (c) and (d) and 2422.8(c)(1). (b) Regional Director...


are raised by challenges to a showing of interest on grounds other than adequacy. (b) Validity challenge. The Regional Director or any party may challenge the validity...


challenge to labor organization status. The only basis on which a challenge to the status of a labor organization may be made is compliance with 5 U.S.C. 7103(a)(4). ...


Where there is no certified exclusive representative, a petition seeking an election will not be considered timely if filed within twelve (12) months of a valid...


to filing a representation petition. All parties affected by the representation issues that may be raised in a petition are encouraged to meet prior to the filing of the petition...


than sixty (60) days before contract expiration. When a petition seeking an election that has been timely filed is withdrawn by the petitioner or dismissed by the...


After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in...


Parties are encouraged to enter into election agreements. (b) Regional Director directed election. If the parties are unable to agree on procedural...


notice of a hearing. The Regional Director may issue a notice of hearing involving any issues raised in the petition. (b) Contents. The notice of hearing will advise...


are considered investigatory and not adversarial. The purpose of the hearing is to develop a full and complete record of relevant and material facts. (b)...


a Notice of Hearing in a representation proceeding, a party seeking a ruling, an order, or relief must do so by filing or raising a motion stating the order or relief...


hearing will have the right: (1) To appear in person or by a representative; (2) To examine and cross-examine witnesses; and (3) To introduce into the record...


the Hearing Officer. The Hearing Officer will receive evidence and inquire fully into the relevant and material facts concerning the matters that are the subject of the hearing,...


are oral or written complaints concerning the conduct of a hearing. (b) Exceptions to rulings. There are automatic exceptions to all...


supervises election. The Regional Director will decide to conduct or supervise the election. In supervised elections, agencies will perform all acts as specified in the...


Director may, for good cause, challenge the eligibility of any person to participate in the election prior to the employee voting. (b) Challenged ballot procedure....


concluded, the Regional Director will tally the ballots. (b) Service of the tally. When the tally is completed, the Regional Director will serve the tally of ballots...


Objections to the procedural conduct of the election or to conduct that may have improperly affected the results of the election may be filed by any party. Objections...


Regional Director will investigate objections and/or determinative challenged ballots that are sufficient in number to affect the results of the election. ...


is required in an election involving at least three (3) choices, one of which is ``no union'' or ``neither,'' when no choice receives a majority of the valid ballots...


election is one where challenged ballots are not sufficient to affect the outcome of the election and one of the following occurs: (1) The ballot provides for at...


Decisions and Orders. (a) Regional Director investigation. The Regional Director will make such investigation of the petition and any other matter as the Regional...


(a) Filing an application for review. A party must file an application for review with the Authority within sixty (60) days of the Regional Director's Decision and Order....


Director will issue an appropriate certification when: (1) After an election, runoff, or rerun, (i) No objections are filed or challenged ballots are...


was or could have been obtained as a result of a motion, objection, or challenge filed or raised under this subpart, may not be [[Page 371]] the basis for...


(a) Existing recognitions, agreements, and obligations under the Statute. During the pendency of any representation proceeding, parties are obligated to...


any charge of alleged unfair labor practices pending or filed with the Authority on or after January 1, 1999, and any complaint filed on or after October 1, 1997. [63 FR...


2423.1 Resolution of unfair labor practice disputes prior to a Regional Director determination whether to issue a complaint. Source: 63 FR 65642, Nov. 30, 1998,...


2423.2 Alternative Dispute Resolution (ADR) services. (a) Purpose of ADR services. The Office of the General Counsel furthers its mission and implements the...


2423.3 Who may file charges. (a) Filing charges. Any person may charge an activity, agency or labor organization with having engaged in, or engaging in, any...


2423.4 Contents of the charge; supporting evidence and documents. (a) What to file. The Charging Party may file a charge alleging a...


2423.6 Filing and service of copies. (a) Where to file. A Charging Party shall file the charge with the Regional Director for the region in which the alleged...


2423.7 Alternative case processing procedure. (a) Alternative case processing procedure. The Region may utilize an alternative case processing procedure to assist...


2423.8 Investigation of charges. (a) Investigation. The Regional Director, on behalf of the General Counsel, conducts such investigation of the charge as the...


2423.9 Amendment of charges. Prior to the issuance of a complaint, the Charging Party may amend the charge in accordance with the requirements set forth in Sec....


2423.10 Action by the Regional Director. (a) Regional Director action. The Regional Director may take any of the following actions, as appropriate: ...


2423.11 Determination not to issue complaint; review of action by the Regional Director. (a) Opportunity to withdraw a charge. If upon the completion of...


2423.12 Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint. (a)...


2423.20 Issuance and contents of the complaint; answer to the complaint; amendments; role of Office of Administrative Law Judges. (a) Complaint. Whenever formal...


2423.21 Motions procedure. (a) General requirements. All motions, except those made during a prehearing conference or hearing, shall be in writing. Motions for...


2423.22 Intervenors. Motions for permission to intervene and responses shall be filed in accordance with Sec. 2423.21. Such motions shall be granted upon a showing that...


2423.23 Prehearing disclosure. Unless otherwise directed or approved by the Judge, the parties shall exchange, in accordance with the service requirements of Sec....


2423.24 Powers and duties of the Administrative Law Judge during prehearing proceedings. (a) Prehearing procedures. The Administrative Law Judge shall regulate the...


2423.25 Post complaint, prehearing settlements. (a) Informal and formal settlements. Post complaint settlements may be either informal or formal. (1)...


2423.26 Stipulations of fact submissions. (a) General. When all parties agree that no material issue of fact exists, the parties may jointly submit a motion to the...


2423.27 Summary judgment motions. (a) Motions. Any party may move for a summary judgment in its favor on any of the issues pleaded. Unless otherwise approved by...


2423.28 Subpoenas. (a) When necessary. Where the parties are in agreement that the appearance of witnesses or the production of documents is necessary, and such...


General rules. (a) Open hearing. The hearing shall be open to the public unless otherwise ordered by the Administrative Law Judge. (b) Administrative Procedure...


Powers and duties of the Administrative Law Judge at the hearing. (a) Conduct of hearing. The Administrative Law Judge shall conduct the hearing in a fair, impartial,...


of proof before the Administrative Law Judge. The General Counsel shall present the evidence in support of the complaint and have the burden of proving the allegations of...


briefs. Except when bench decisions are issued pursuant to Sec. 2423.31(d), posthearing briefs may be filed with the Administrative Law Judge within a time...


Decision and record. (a) Recommended decision. Except when bench decisions are issued pursuant to Sec. 2423.31(d), the Administrative Law Judge shall prepare a...


2423.40 Exceptions; oppositions and cross-exceptions; oppositions to cross-exceptions; waiver. (a) Exceptions. Any exceptions to the Administrative Law...


2423.41 Action by the Authority; compliance with Authority decisions and orders. (a) Authority decision; no exceptions filed. In the absence of the filing...


2423.42 Backpay proceedings. After the entry of an Authority order directing payment of backpay, or the entry of a court decree enforcing such order, if it appears...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2424.1] [Page 385] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2424_NEGOTIABILITY PROCEEDINGS--Table of Contents Subpart A_Applicability of This Part and Definitions Sec. 2424.1 Applicability of this part. This part is applicable to all petitions for review filed after April 1, 1999. ...


Definitions. In this part, the following definitions apply: (a) Bargaining obligation dispute means a disagreement between an exclusive representative and an...


Allegations Concerning the Duty To Bargain Sec. 2424.10 Collaboration and Alternative Dispute Resolution Program. Where an exclusive representative and an...


Allegations Concerning the Duty To Bargain Sec. 2424.11 Requesting and providing written allegations concerning the duty to bargain. (a) General. An...


2424.20 Who may file a petition for review. A petition for review may be filed by an exclusive representative that is a party to...


2424.21 Time limits for filing a petition for review. (a) A petition for review must be filed within fifteen (15) days after the date of service of either: (1)...


2424.22 Exclusive representative's petition for review; purpose; content; severance; service. (a) Purpose. The purpose of a petition for review is to initiate...


2424.23 Post-petition conferences; conduct and record. (a) Timing of post-petition conference. On receipt of a petition for review involving a proposal or a provision,...


2424.24 Agency's statement of position; purpose; time limits; content; severance; service. (a) Purpose. The purpose of an agency statement of position is to inform...


2424.25 Response of the exclusive representative; purpose; time limits; content; severance; service. (a) Purpose. The purpose of the exclusive representative's...


2424.26 Agency's reply; purpose; time limits; content; service. (a) Purpose. The purpose of the agency's reply is to inform the Authority and the exclusive...


2424.27 Additional submissions to the Authority. The Authority will not consider any submission filed by any party other than those authorized under this part, provided...


Procedure through which the petition for review will be resolved. (a) Exclusive representative has filed related unfair labor practice charge or grievance alleging an...


disputed issues of material fact; hearings. When necessary to resolve disputed issues of material fact in a negotiability or bargaining obligation dispute, or when...


Parties' responsibilities; failure to raise, support, and/or respond to arguments; failure to participate in conferences and/or respond to Authority orders. ...


and order. (a) Issuance. Subject to the requirements of this part, the Authority will expedite proceedings under this part to the extent practicable and...


The exclusive representative may report to the appropriate Regional Director an agency's failure to comply with an order, issued in accordance with Sec. 2424.40, that...


Regulations Sec. 2424.50 Illustrative criteria. A compelling need exists for an agency rule or regulation concerning any condition...


(a) Either party to arbitration under the provisions of chapter 71 of title 5 of the United States Code may file an exception to an arbitrator's award rendered pursuant...


which sets forth in full: (a) A statement of the grounds on which review is requested; (b) Evidence or rulings bearing on the issues before...


to which an exception has been filed to determine if the award is deficient-- (1) Because it is contrary to any law, rule or regulation; or (2) On other...


order taking such action and making such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations. [45...


Subpart A_National Consultation Rights Sec. 2426.1 Requesting; granting; criteria. (a) An agency shall accord national consultation rights to a...


Subpart A_National Consultation Rights Sec. 2426.2 Requests; petition and procedures for determination of eligibility for national consultation rights. ...


Subpart A_National Consultation Rights Sec. 2426.3 Obligation to consult. (a) When a labor organization has been accorded national consultation rights, the agency...


on Government-wide Rules or Regulations Sec. 2426.11 Requesting; granting; criteria. (a) An agency shall accord consultation rights...


Rights on Government-wide Rules or Regulations Sec. 2426.12 Requests; petition and procedures for determination of eligibility for consultation rights...


Rights on Government-wide Rules or Regulations Sec. 2426.13 Obligation to consult. (a) When a labor organization has been accorded consultation...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2427.1] [Page 399] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2427_GENERAL STATEMENTS OF POLICY OR GUIDANCE--Table of Contents Sec. 2427.1 Scope. This part sets forth procedures under which requests may be submitted to the Authority seeking the issuance of general statements of policy or guidance under 5 U.S.C. 7105(a)(1). ...


(a) The head of an agency (or designee), the national president of a labor organization (or designee), or the president of a labor organization not affiliated with a...


of policy or guidance shall be in writing and must contain: (1) A concise statement of the question with respect to which a general statement of policy or guidance...


issuance of a general statement of policy or guidance the Authority, as it deems appropriate, will afford an opportunity to interested parties to express their views orally or...


or guidance. In deciding whether to issue a general statement of policy or guidance, the Authority shall consider: (a) Whether the question presented can...


This part sets forth procedures under which the Authority, pursuant to 5 U.S.C. 7105(a)(2)(I), will enforce decisions and orders of the Assistant Secretary in standards of...


(a) The Assistant Secretary may petition the Authority to enforce any Assistant Secretary decision and order in a standards of conduct case arising under 5...


(a) A decision and order of the Assistant Secretary shall be enforced unless it is arbitrary and capricious or based upon manifest disregard of the law. (b)...


Transfer and consolidation of cases. In any matter arising pursuant to parts 2422 and 2423 of this subchapter, whenever it appears necessary in order to effectuate...


Transfer of record. In any case under part 2425 of this subchapter, upon request by the Authority, the parties jointly shall transfer the record in the case, including a...


Referral of policy questions to the Authority. Notwithstanding the procedures set forth in this subchapter, the General Counsel, the Assistant Secretary, or the Panel may refer...


Matters not previously presented; official notice. The Authority will not consider evidence offered by a party, or any issue, which was not presented in the proceedings before...


Oral argument. The Authority or the General Counsel, in their discretion, may request or permit oral argument in any matter arising under this subchapter under...


Subpoenas. (a) Any member of the Authority, the General Counsel, any Administrative Law Judge appointed by the Authority under 5 U.S.C. 3105, and any Regional...


Amicus curiae. Upon petition of an interested person, a copy of which petition shall be served on the parties, and as the Authority deems appropriate, the Authority may...


[Code of Federal Regulations] [Title 5, Volume 3] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR2429.10] [Page 402] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL PART 2429_MISCELLANEOUS AND GENERAL REQUIREMENTS--Table of Contents Subpart A_Miscellaneous Sec. 2429.10 Advisory opinions. The Authority and the General Counsel will not issue advisory opinions. ...


Interlocutory appeals. Except as set forth in part 2423, the Authority and the General Counsel ordinarily will not consider interlocutory appeals. [62 FR 40923, July...


Service of process and papers by the Authority. (a) Methods of service. Notices of hearings, decisions and orders of Regional Directors, decisions and recommended orders...


Official time for witnesses. If the participation of any employee in any phase of any proceeding before the Authority, including the investigation of unfair labor...


Witness fees. (a) Witnesses, whether appearing voluntarily or pursuant to a subpoena, shall be paid the fee and mileage allowances which are paid subpoenaed witnesses in...


Authority requests for advisory opinions. (a) Whenever the Authority, pursuant to 5 U.S.C. 7105(i) requests an advisory opinion from the Director of the Office of...


General remedial authority. The Authority shall take any actions which are necessary and appropriate to administer effectively the provisions of chapter 71 of title 5 of...


Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving...


Service of petitions for review of final authority orders. Any aggrieved person filing pursuant to 5 U.S.C. 7123(a) a petition for review of a final Authority order in...


Computation of time for filing papers. (a) In computing any period of time prescribed by or allowed by this subchapter, except in agreement bar situations described...


2429.22 Additional time after service by mail. Except as to the filing of an application for review of a Regional Director's Decision and Order under Sec. 2422.31 of...


Extension; waiver. (a) Except as provided in paragraph (d) of this section, and notwithstanding Sec. 2429.21(b) of this subchapter, the Authority or General Counsel,...


2429.24 Place and method of filing; acknowledgement. (a) All documents filed or required to be filed with the Authority pursuant to this subchapter shall be filed with...


Number of copies and paper size. Unless otherwise provided by the Authority or the General Counsel, or their designated representatives, as appropriate, or under...


Other documents. (a) The Authority or the General Counsel, or their designated representatives, as appropriate, may in their discretion grant leave to file...


Service; statement of service. (a) Except as provided in Sec. 2423.10(c) and (d), any party filing a document as provided in this subchapter is responsible for serving...


Petitions for amendment of regulations. Any interested person may petition the Authority or General Counsel in writing for amendments to any portion of these regulations....


U.S.C. 504, provides for the award of attorney, agent, or witness fees and other expenses to eligible individuals and entities who are parties to Authority adversary...


(a) The provisions of this part apply to unfair labor practice proceedings pending on complaint against a labor organization at any time since October 1, 1981. (b) A...


receive an award for fees and expenses incurred in connection with a proceeding, or in a significant and discrete portion of the proceeding, unless the position of the...


award for the fee of an attorney or agent under this part may exceed $125.00 per hour, or for adversary adjudications commenced prior to March 29, 1996, $75.00 per hour, indexed...


If warranted by special factors, attorney fees may be awarded at a rate higher than that established in Sec. 2430.4. Any such increase in the rate for attorney fees shall be...


fees and expenses. (a) An application for an award of fees and expenses under the Act shall identify the applicant and the proceeding for which an award...


Judge; stay of proceeding. (a) An application may be filed after entry of the final order establishing that the applicant has prevailed in the proceeding, or in...


documents after the time the case is referred by the Authority to an Administative Law Judge, until the issuance of the Judge's decision, shall be filed in an original and...


parties; extensions of time to file documents. (a) Within 30 days after service of an application, the General Counsel may file an answer to the application. The...


may agree on a proposed settlement of the award before final action on the application. If an applicant and the General Counsel agree on a proposed settlement of an...


an award may be made on the basis of the documents in the record, or the Administrative Law Judge, upon request of either the applicant or the General Counsel, or on his or her...


of case to the Authority; contents of record in case. (a) Upon conclusion of proceedings under Sec. Sec. 2430.6 to 2430.11, the Administrative Law Judge...


of Authority. Procedures before the Authority, including the filing of exceptions to the administrative law judge's decision rendered pursuant to Sec....


award made by the Authority the applicant shall submit to the Executive Director of the Authority a copy of the Authority's final decision granting the award, accompanied by...


in this subchapter are intended to implement the provisions of section 7119 of title 5 and, where applicable, section 431 of title 3 of the United States Code....


The terms agency, labor organization, and conditions of employment as used in this subchapter shall have the meaning set forth in 5 U.S.C. 7103(a). When used in connection with 3...


If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve...


a request for consideration of an impasse or approval of a binding arbitration procedure. Copies are available from the Office of the Executive Director, Federal...


Panel for consideration of an impasse must be in writing and include the following information: (1) Identification of the parties and individuals authorized to act on...


inquiries or correspondence on the status of impasses or other related matters, should be addressed to the Executive Director, Federal Service Impasses Panel, Suite 200, 1400...


party submitting a request for Panel consideration of an impasse or a request for approval of a binding arbitration procedure shall file an original and one copy with the...


(a) Upon receipt of a request for consideration of an impasse, the Panel or its designee will promptly conduct an investigation, consulting when necessary with...


a factfinding hearing is necessary under Sec. 2471.6, and it appoints one or more of its designees to conduct such hearing, it will issue and serve upon each of the parties...


(a) A designated representative of the Panel, when so appointed to conduct a hearing, shall have the authority on behalf of the Panel to: (1) Administer oaths, take the...


a factfinding hearing is conducted pursuant to Sec. 2471.7 and 2471.8, it normally [[Page 416]] shall be in writing and, when authorized by the Panel, shall...


(a) Within thirty (30) calendar days after receipt of a report containing recommendations of the Panel or its designated representative, each party shall, after conferring with the...


a settlement as a result of or during actions taken under Sec. Sec. 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and 2471.10, the Panel may take whatever action is necessary and...


parties' labor agreements relating to impasse resolution which are inconsistent with the provisions of either 5 U.S.C. 7119 or the procedures of the Panel shall be deemed to...


Subpart A_Purpose and Definitions Sec. 2472.1 Purpose. The regulations contained in this Part are intended to implement...


Subpart A_Purpose and Definitions Sec. 2472.2 Definitions. (a) The term the Act means the Federal Employees Flexible and...


Subpart B_Procedures of the Panel Sec. 2472.3 Request for Panel Consideration Either party, or the parties jointly, may request...


Subpart B_Procedures of the Panel Sec. 2472.4 Content of request. (a) A request from a party or parties to the Panel for...


Subpart B_Procedures of the Panel Sec. 2472.5 Where to file. Requests to the Panel provided for in these rules, and inquiries...


Subpart B_Procedures of the Panel Sec. 2472.6 Filing and service. (a) Filing and service of request. (1) Any party submitting...


Subpart B_Procedures of the Panel Sec. 2472.7 Investigation of request; Panel assistance. (a) Upon receipt of a request for...


Subpart B_Procedures of the Panel Sec. 2472.8 Preliminary hearing procedures. When the Panel determines that a hearing shall be held,...


Subpart B_Procedures of the Panel Sec. 2472.9 Conduct of hearing and prehearing conference. (a) A designated representative of...


Subpart B_Procedures of the Panel Sec. 2472.10 Reports. When a report is issued after a hearing conducted pursuant to Sec....


Subpart B_Procedures of the Panel Sec. 2472.11 Final action by the Panel. (a) After due consideration of the parties'...


designated by the Panel, may issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence. However, no subpena...




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