[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Proposed Rules]
[Page 5003-5007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-7]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 5003]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2423
Unfair Labor Practice Proceedings
AGENCY: Office of the General Counsel, Federal Labor Relations
Authority.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The General Counsel of the Federal Labor Relations Authority
(FLRA) proposes to revise portions of its regulations regarding unfair
labor practice (ULP) proceedings (Part 2423, subpart A). In keeping
with the Chairman's focus on the revitalization of the mission of the
FLRA, the purpose of the proposed revisions is to clarify the Office of
the General Counsel's (OGC) role in facilitating the resolution of
disputes and in providing training and educating the FLRA's customers
about their rights and responsibilities under the Federal Service
Labor-Management Relations Statute (Statute). The revisions also
clarify certain administrative matters relating to the filing and
investigation of ULP charges. These revisions establish the OGC's
leadership role in providing guidance on Alternative Dispute Resolution
(ADR) techniques to union and agency representatives to strengthen
labor-management relationships that will aid in resolving disputes
short of litigation. These amended regulations are also consistent with
the purposes underlying Executive Order 13522 (EO 13522) on Creating
Labor-Management Forums to Improve Delivery of Government Services,
issued on December 9, 2009, by President Obama. EO 13522 provides a
platform from which a cooperative and productive form of labor-
management relations throughout the executive branch of the Federal
government will be established. The FLRA will play a prominent role in
providing services, i.e., training; materials and guidances; and
facilitation, which are needed to accomplish the objectives of EO
13522. With renewed attention to customer service, the OGC will use its
expertise to foster successful labor-management relations through the
training of union representatives and agency personnel in dispute
resolution and cooperative methods of labor-management relations.
Implementation of the proposed regulatory changes will also enhance the
purposes and policies of the Statute by promoting the resolution of
disputes at an early stage, thereby preventing ULPs and/or reducing the
need to file ULP charges, which will lower costs to the public.
DATES: Comments must be received on or before March 3, 2010.
ADDRESSES: Mail or deliver written comments to the Office of the
General Counsel, Federal Labor Relations Authority, 1400 K Street, NW.,
Second Floor, Washington, DC 20424. Comments may also be e-mailed to
dwalsh@flra.gov.
FOR FURTHER INFORMATION CONTACT: Dennis P. Walsh, Deputy General
Counsel, at the address for the Office of the General Counsel or by
telephone number (202) 218-7741, facsimile number (202) 482-6608.
SUPPLEMENTARY INFORMATION: The OGC of the FLRA proposes modifications
to the existing rules and regulations in subpart A of title 5 of the
Code of Federal Regulations regarding the prevention of ULPs. On
February 19, 2008, after the OGC effectively provided critical ADR,
training and education services for over 10 years, these regulations
were revised to prohibit offering any type of pre-investigation or pre-
complaint assistance to the parties. The major purpose of these
revisions is to restore the ADR, training and education program. The
General Counsel offers the OGC staff's services to assist the parties
in working collaboratively to resolve labor-management relations
disputes. These regulations are consistent with internal OGC policies
concerning the prevention and resolution of ULP disputes and the
investigation of ULP charges.
Sectional Analyses
Sectional analyses of the revisions to Part 2423--Unfair Labor
Practice Proceedings are as follows:
Part 2423--Unfair Labor Practice Proceedings
Section 2423.0
This part is applicable to any charge of an alleged ULP pending or
filed with the Authority on or April 1, 2010.
Subpart A--Filing, Investigating, Resolving, and Acting on Charges
Section 2423.1
Paragraph (a) has been revised to reflect that the OGC may, in
appropriate circumstances, make Regional Office staff available to
assist parties in identifying issues and interests with a goal of
resolving disputes before they ripen into ULP charges. The OGC does not
believe that its position of neutrality is compromised by providing the
parties with pre-charge assistance in the settlement of disputes.
Paragraph (b) is new. The rationale for the revision to paragraph
(a), to assist the parties in resolving disputes before a charge has
been filed, also pertains to paragraph (b), which concerns the
resolution of ULP disputes after a charge has been filed.
Section 2423.2
This section is revised to restore the ADR services provision of
this regulation that was in effect before February 18, 2008. The OGC
has historically been successful in assisting employees, labor
organizations, and agencies in avoiding and resolving labor-management
conflict. The use of a problem-solving approach, along with
intervention, training, and education services, provides the
participants in the Federal sector labor-management relations program
with an alternative to adversarial and costly litigation. As stated in
the Summary above, the provision of these services supports the purpose
underlying EO 13522.
Section 2423.3
This section, which identifies who may file a ULP charge, is
unchanged.
Section 2423.4
This section, describing the content of a ULP charge, is
substantially unchanged. Paragraph (b) is revised to track more closely
the statutory provision regarding the timeliness of a ULP charge.
[[Page 5004]]
Section 2423.5
This section, which is reserved, is unchanged.
Section 2423.6
This section is unchanged.
Section 2423.7
This section, which is reserved, is unchanged.
Section 2423.8
This section, which provides for the investigation of charges, is
substantially unchanged. The proposed revision deletes the reference to
the neutral and unbiased nature of unfair labor practice investigations
that was incorporated in the February 18, 2008 revision of this
regulation. As a public prosecutor, the Office of the General Counsel
always strives to complete unfair labor practice investigations in a
neutral and unbiased manner. Therefore, any additional reference is
unnecessary.
Section 2423.9
This section is unchanged.
Section 2423.10
This section is unchanged.
Section 2423.11
The proposed revision to paragraph (a) clarifies that the Regional
Director retains discretion concerning the notification of the parties
when a decision has been made to dismiss a charge. Because the Charging
Party bears the burden of presenting evidence to support its ULP
allegation(s), the Region will first inform the Charging Party of the
Regional Director's decision and will afford the Charging Party an
opportunity to request withdrawal of the charge. The proposed
regulations no longer require that the Regional Director must inform
the Charged Party of the determination to dismiss the charge before the
Charging Party has been afforded the opportunity to withdraw the
charge. The OGC does not believe that its position of neutrality is
comprised by providing the Charging Party with this opportunity before
informing the Charged Party of the decision to dismiss the charge.
Section 2423.12
Paragraph (a) of this section has been deleted. As referenced above
with regard to section 2423.2, the OGC's involvement in the provision
of ADR services is not restricted to a point in time after a Regional
Director has determined to issue a complaint.
Paragraph (b) of this section is revised and redesignated as
paragraph (a). The words ``but after a merit determination by the
Regional Director'' are unnecessary and therefore have been deleted.
Paragraph (c) of this section is redesignated as paragraph (b) and
is revised to add the grounds for granting an appeal of a Regional
Director's approval of a unilateral settlement agreement and to
reference the applicable paragraphs of section 2423.11 concerning the
process for obtaining review of a Regional Director's approval of a
unilateral settlement agreement.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the General Counsel of the FLRA has determined that this
regulation, as amended, will not have a significant impact on a
substantial number of small entities, because this rule applies to
federal employees, federal agencies, and labor organizations
representing federal employees.
Unfunded Mandates Reform Act of 1995
This rule change will not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This action is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record keeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2423
Administrative practice and procedure, Government employees, Labor
management relations.
For these reasons, the General Counsel of the Federal Labor
Relations Authority proposes to amend 5 CFR Part 2423 as follows:
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS
1. The authority citation for part 2423 continues to read as
follows:
Authority: 5 U.S.C. 7134.
2. Section 2423.0 is revised to read as follows:
Sec. 2423.0 Applicability of this part.
This part is applicable to any charge of alleged unfair labor
practices pending or filed with the Authority on or after April 1,
2010.
3. Subpart A of Part 2423 is revised to read as follows:
Subpart A--Filing, Investigating, Resolving, and Acting on Charges
Sec.
2423.1 Resolution of unfair labor practice disputes prior to a
Regional Director determination whether to issue a complaint.
2423.2 Alternative Dispute Resolution (ADR) services.
2423.3 Who may file charges.
2423.4 Contents of the charge; supporting evidence and documents.
2423.5 [Reserved]
2423.6 Filing and service of copies.
2423.7 [Reserved]
2423.8 Investigation of charges.
2423.9 Amendment of charges.
2423.10 Action by the Regional Director.
2423.11 Determination not to issue complaint; review of action by
the Regional Director.
2423.12 Settlement of unfair labor practice charges after a Regional
Director determination to issue a complaint but prior to issuance of
a complaint.
2423.13-2423.19 [Reserved]
Subpart A--Filing, Investigating, Resolving, and Acting on Charges
Sec. 2423.1 Resolution of unfair labor practice disputes prior to a
Regional Director determination whether to issue a complaint.
(a) Resolving unfair labor practice disputes prior to filing a
charge. The purposes and policies of the Federal Service Labor-
Management Relations Statute can best be achieved by the collaborative
efforts of all persons covered by that law. The General Counsel
encourages all persons to meet and, in good faith, attempt to resolve
unfair labor practice disputes prior to filing unfair labor practice
charges. If requested, or agreed to by both parties, a representative
of the Regional Office, in appropriate circumstances, may participate
in these meetings to assist the parties in identifying the issues and
[[Page 5005]]
their interests and in resolving the dispute. Attempts by the parties
to resolve unfair labor practice disputes prior to filing an unfair
labor practice charge do not toll the time limitations for filing a
charge set forth at 5 U.S.C. 7118(a)(4).
(b) Resolving unfair labor practice disputes after filing a charge.
The General Counsel encourages the informal resolution of unfair labor
practice allegations subsequent to the filing of a charge and prior to
a determination on the merits of the charge by a Regional Director. A
representative of the appropriate Regional Office, as part of the
investigation, may assist the parties in informally resolving their
dispute.
Sec. 2423.2 Alternative Dispute Resolution (ADR) services.
(a) Purpose of ADR services. The Office of the General Counsel
furthers its mission and implements the agency-wide Federal Labor
Relations Authority Collaboration and Alternative Dispute Resolution
Program by promoting stable and productive labor-management
relationships governed by the Federal Service Labor-Management
Relations Statute and by providing services that assist labor
organizations and agencies, on a voluntary basis to:
(1) Develop collaborative labor-management relationships;
(2) Avoid unfair labor practice disputes; and
(3) Informally resolve unfair labor practice disputes.
(b) Types of ADR Services. Agencies and labor organizations may
jointly request, or agree to, the provision of the following services
by the Office of the General Counsel:
(1) Facilitation. Assisting the parties in improving their labor-
management relationship as governed by the Federal Service Labor-
Management Relations Statute;
(2) Intervention. Intervening when parties are experiencing or
expect significant unfair labor practice disputes;
(3) Training. Training labor organization officials and agency
representatives on their rights and responsibilities under the Federal
Service Labor-Management Relations Statute and how to avoid litigation
over those rights and responsibilities, and on using problem-solving
and ADR skills, techniques, and strategies to resolve informally unfair
labor practice disputes; and
(4) Education. Working with the parties to recognize the benefits
of, and establish processes for, avoiding unfair labor practice
disputes, and resolving any unfair labor practice disputes that arise
by consensual, rather than adversarial, methods.
(c) ADR services after initiation of an investigation. As part of
processing an unfair labor practice charge, the Office of the General
Counsel may suggest to the parties, as appropriate, that they may
benefit from these ADR services.
Sec. 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 unfair
labor practice prohibited under 5 U.S.C. 7116.
(b) Charging Party. Charging Party means the individual, labor
organization, activity or agency filing an unfair labor practice charge
with a Regional Director.
(c) Charged Party. Charged Party means the activity, agency or
labor organization charged with allegedly having engaged in, or
engaging in, an unfair labor practice.
Sec. 2423.4 Contents of the charge; supporting evidence and
documents.
(a) What to file. The Charging Party may file a charge alleging a
violation of 5 U.S.C. 7116 by completing a form prescribed by the
General Counsel, or on a substantially similar form, that contains the
following information:
(1) The name, address, telephone number, facsimile number (where
facsimile equipment is available), and e-mail address of the Charging
Party;
(2) The name, address, telephone number, facsimile number (where
facsimile equipment is available), and e-mail address of the Charged
Party;
(3) The name, address, telephone number, facsimile number (where
facsimile equipment is available), and e-mail address of the Charging
Party's point of contact;
(4) The name, address, telephone number, facsimile number (where
facsimile equipment is available), and e-mail address of the Charged
Party's point of contact;
(5) A clear and concise statement of the facts alleged to
constitute an unfair labor practice, a statement of how those facts
allegedly violate specific section(s) and paragraph(s) of the Federal
Service Labor-Management Relations Statute and the date and place of
occurrence of the particular acts; and
(6) A statement whether the subject matter raised in the charge:
(i) Has been raised previously in a grievance procedure;
(ii) Has been referred to the Federal Service Impasses Panel, the
Federal Mediation and Conciliation Service, the Equal Employment
Opportunity Commission, the Merit Systems Protection Board, or the
Office of the Special Counsel for consideration or action;
(iii) Involves a negotiability issue raised by the Charging Party
in a petition pending before the Authority pursuant to part 2424 of
this subchapter; or
(iv) Has been the subject of any other administrative or judicial
proceeding.
(7) A statement describing the result or status of any proceeding
identified in paragraph (a)(6) of this section.
(b) When to file. Under 5 U.S.C. 7118(a)(4), a charge alleging an
unfair labor practice must normally be filed within six (6) months of
its occurrence unless one of the two (2) circumstances described under
paragraph (B) of 5 U.S.C. 7118(a)(4) applies.
(c) Declarations of truth and statement of service. A charge shall
be in writing and signed, and shall contain a declaration by the
individual signing the charge, under the penalties of the Criminal Code
(18 U.S.C. 1001), that its contents are true and correct to the best of
that individual's knowledge and belief.
(d) Statement of service. A charge shall also contain a statement
that the Charging Party served the charge on the Charged Party, and
shall list the name, title and location of the individual served, and
the method of service.
(e) Self-contained document. A charge shall be a self-contained
document describing the alleged unfair labor practice without a need to
refer to supporting evidence and documents submitted under paragraph
(f) of this section.
(f) Submitting supporting evidence and documents and identifying
potential witnesses. When filing a charge, the Charging Party shall
submit to the Regional Director, any supporting evidence and documents,
including, but not limited to, correspondence and memoranda, records,
reports, applicable collective bargaining agreement clauses, memoranda
of understanding, minutes of meetings, applicable regulations,
statements of position and other documentary evidence. The Charging
Party also shall identify potential witnesses with contact information
(telephone number, e-mail address, and facsimile number) and shall
provide a brief synopsis of their expected testimony.
Sec. 2423.5 [Reserved]
Sec. 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
[[Page 5006]]
alleged unfair labor practice has occurred or is occurring. A charge
alleging that an unfair labor practice has occurred or is occurring in
two or more regions may be filed with the Regional Director in any of
those regions.
(b) Filing date. A charge is deemed filed when it is received by a
Regional Director. A charge received in a Region after the close of the
business day will be deemed received and docketed on the next business
day. The business hours for each of the Regional Offices are set forth
at http://www.FLRA.gov.
(c) Method of filing. A Charging Party may file a charge with the
Regional Director in person or by commercial delivery, first class
mail, facsimile or certified mail. If filing by facsimile transmission,
the Charging Party is not required to file an original copy of the
charge with the Region. A Charging Party assumes responsibility for
receipt of a charge. Supporting evidence and documents must be
submitted to the Regional Director in person, by commercial delivery,
first class mail, certified mail, or by facsimile transmission.
(d) Service of the charge. The Charging Party shall serve a copy of
the charge (without supporting evidence and documents) on the Charged
Party. Where facsimile equipment is available, the charge may be served
by facsimile transmission in accordance with paragraph (c) of this
section. The Region routinely serves a copy of the charge on the
Charged Party, but the Charging Party remains responsible for serving
the charge in accordance with this paragraph.
Sec. 2423.7 [Reserved]
Sec. 2423.8 Investigation of charges.
(a) Investigation. The Regional Director, on behalf of the General
Counsel, conducts an investigation of the charge as deemed necessary.
During the course of the investigation, all parties involved are
afforded an opportunity to present their evidence and views to the
Regional Director.
(b) Cooperation. The purposes and policies of the Federal Service
Labor-Management Relations Statute can best be achieved by the full
cooperation of all parties involved and the timely submission of all
potentially relevant information from all potential sources during the
course of the investigation. All persons shall cooperate fully with the
Regional Director in the investigation of charges. A failure to
cooperate during the investigation of a charge may provide grounds to
dismiss a charge for failure to produce evidence supporting the charge.
Cooperation includes any of the following actions, when deemed
appropriate by the Regional Director:
(1) Making union officials, employees, and agency supervisors and
managers available to give sworn/affirmed testimony regarding matters
under investigation;
(2) Producing documentary evidence pertinent to the matters under
investigation; and
(3) Providing statements of position on the matters under
investigation.
(c) Investigatory subpoenas. If a person fails to cooperate with
the Regional Director in the investigation of a charge, the General
Counsel, upon recommendation of a Regional Director, may decide in
appropriate circumstances to issue a subpoena under 5 U.S.C. 7132 for
the attendance and testimony of witnesses and the production of
documentary or other evidence. However, no subpoena shall be issued
under this section which requires the disclosure of intramanagement
guidance, advice, counsel or training within an agency or between an
agency and the Office of Personnel Management.
(1) A subpoena shall be served by any individual who is at least 18
years old and who is not a party to the proceeding. The individual who
served the subpoena must certify that he or she did so:
(i) By delivering it to the witness in person;
(ii) By registered or certified mail; or
(iii) By delivering the subpoena to a responsible individual (named
in the document certifying the delivery) at the residence or place of
business (as appropriate) of the person for whom the subpoena was
intended. The subpoena shall show on its face the name and address of
the Regional Director and the General Counsel.
(2) Any person served with a subpoena who does not intend to comply
shall, within 5 days after the date of service of the subpoena upon
such person, petition in writing to revoke the subpoena. A copy of any
petition to revoke shall be served on the General Counsel.
(3) The General Counsel shall revoke the subpoena if the witness or
evidence, the production of which is required, is not material and
relevant to the matters under investigation or in question in the
proceedings, or the subpoena does not describe with sufficient
particularity the evidence the production of which is required, or if
for any other reason sufficient in law the subpoena is invalid. The
General Counsel shall state the procedural or other grounds for the
ruling on the petition to revoke. The petition to revoke shall become
part of the official record if there is a hearing under subpart C of
this part.
(4) Upon the failure of any person to comply with a subpoena issued
by the General Counsel, the General Counsel shall determine whether to
institute proceedings in the appropriate district court for the
enforcement of the subpoena. Enforcement shall not be sought if to do
so would be inconsistent with law, including the Federal Service Labor-
Management Relations Statute.
(d) Confidentiality. It is the General Counsel's policy to protect
the identity of individuals who submit statements and information
during the investigation, and to protect against the disclosure of
documents obtained during the investigation, as a means of ensuring the
General Counsel's continuing ability to obtain all relevant
information. After issuance of a complaint and in preparation for a
hearing, however, identification of witnesses, a synopsis of their
expected testimony and documents proposed to be offered into evidence
at the hearing may be disclosed as required by the prehearing
disclosure requirements in Sec. 2423.23.
Sec. 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.
2423.6.
Sec. 2423.10 Action by the Regional Director.
(a) Regional Director action. The Regional Director, on behalf of
the General Counsel, may take any of the following actions, as
appropriate:
(1) Approve a request to withdraw a charge;
(2) Dismiss a charge;
(3) Approve a written settlement agreement in accordance with the
provisions of Sec. 2423.12;
(4) Issue a complaint; or
(5) Withdraw a complaint.
(b) Request for appropriate temporary relief. Parties may request
the General Counsel to seek appropriate temporary relief (including a
restraining order) under 5 U.S.C. 7123(d). The General Counsel may
initiate and prosecute injunctive proceedings under 5 U.S.C. 7123(d)
only upon approval of the Authority. A determination by the General
Counsel not to seek approval of the Authority to seek such appropriate
temporary relief is final and shall not be appealed to the Authority.
(c) General Counsel requests to the Authority. When a complaint
issues and the Authority approves the General Counsel's request to seek
appropriate temporary relief (including a restraining
[[Page 5007]]
order) under 5 U.S.C. 7123(d), the General Counsel may make application
for appropriate temporary relief (including a restraining order) in the
district court of the United States within which the unfair labor
practice is alleged to have occurred or in which the party sought to be
enjoined resides or transacts business. Temporary relief may be sought
if it is just and proper and the record establishes probable cause that
an unfair labor practice is being committed. Temporary relief shall not
be sought if it would interfere with the ability of the agency to carry
out its essential functions.
(d) Actions subsequent to obtaining appropriate temporary relief.
The General Counsel shall inform the district court which granted
temporary relief pursuant to 5 U.S.C. 7123(d) whenever an
Administrative Law Judge recommends dismissal of the complaint, in
whole or in part.
Sec. 2423.11 Determination not to issue complaint; review of action
by the Regional Director.
(a) Opportunity to withdraw a charge. If the Regional Director
determines that the charge has not been timely filed, that the charge
fails to state an unfair labor practice, or for other appropriate
reasons, the Regional Director may request the Charging Party to
withdraw the charge.
(b) Dismissal letter. If the Charging Party does not withdraw the
charge within a reasonable period of time, the Regional Director will,
on behalf of the General Counsel, dismiss the charge and provide the
parties with a written statement of the reasons for not issuing a
complaint.
(c) Appeal of a dismissal letter. The Charging Party may obtain
review of the Regional Director's decision to dismiss a charge by
filing an appeal with the General Counsel within 25 days after service
of the Regional Director's decision. A Charging Party shall serve a
copy of the appeal on the Regional Director. The General Counsel shall
serve notice on the Charged Party that an appeal has been filed.
(d) Extension of time. The Charging Party may file a request, in
writing, for an extension of time to file an appeal, which shall be
received by the General Counsel not later than 5 days before the date
the appeal is due. A Charging Party shall serve a copy of the request
for an extension of time on the Regional Director.
(e) Grounds for granting an appeal. The General Counsel may grant
an appeal when the appeal establishes at least one of the following
grounds:
(1) The Regional Director's decision did not consider material
facts that would have resulted in issuance of a complaint;
(2) The Regional Director's decision is based on a finding of a
material fact that is clearly erroneous;
(3) The Regional Director's decision is based on an incorrect
statement or application of the applicable rule of law;
(4) There is no Authority precedent on the legal issue in the case;
or
(5) The manner in which the Region conducted the investigation has
resulted in prejudicial error.
(f) General Counsel action. The General Counsel may deny the appeal
of the Regional Director's dismissal of the charge, or may grant the
appeal and remand the case to the Regional Director to take further
action. The General Counsel's decision on the appeal states the grounds
listed in paragraph (e) of this section for denying or granting the
appeal, and is served on all the parties. Absent a timely motion for
reconsideration, the decision of the General Counsel is final.
(g) Reconsideration. After the General Counsel issues a final
decision, the Charging Party may move for reconsideration of the final
decision if it can establish extraordinary circumstances in its moving
papers. The motion shall be filed within 10 days after the date on
which the General Counsel's final decision is postmarked. A motion for
reconsideration shall state with particularity the extraordinary
circumstances claimed and shall be supported by appropriate citations.
The decision of the General Counsel on a motion for reconsideration is
final.
Sec. 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) Bilateral informal settlement agreement. Prior to issuing a
complaint, the Regional Director may afford the Charging Party and the
Charged Party a reasonable period of time to enter into an informal
settlement agreement to be approved by the Regional Director. When a
Charged Party complies with the terms of an informal settlement
agreement approved by the Regional Director, no further action is taken
in the case. If the Charged Party fails to perform its obligations
under the approved informal settlement agreement, the Regional Director
may institute further proceedings.
(b) Unilateral informal settlement agreement. If the Charging Party
elects not to become a party to a bilateral settlement agreement, which
the Regional Director concludes effectuates the policies of the Federal
Service Labor-Management Relations Statute, the Regional Director may
choose to approve a unilateral settlement between the Regional Director
and the Charged Party. The Regional Director, on behalf of the General
Counsel, shall issue a letter stating the grounds for approving the
settlement agreement and declining to issue a complaint. The Charging
Party may obtain review of the Regional Director's action by filing an
appeal with the General Counsel in accordance with Sec. 2423.11(c) and
(d). The General Counsel may grant an appeal when the Charging Party
has shown that the Regional Director's approval of a unilateral
settlement agreement does not effectuate the purposes and policies of
the Federal Service Labor-Management Relations Statute. The General
Counsel shall take action on the appeal as set forth in Sec.
2423.11(b), (c), (d), (f), and (g).
Sec. Sec. 2423.13-2423.19 [Reserved]
Dated: January 26, 2010.
Julia Akins Clark,
General Counsel, Federal Labor Relations Authority.
[FR Doc. 2010-2047 Filed 1-29-10; 8:45 am]
BILLING CODE 6727-01-P