[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2424.32]

[Page 410-411]
 
                    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 D--Processing a Petition for Review
 
Sec. 2424.32  Parties' responsibilities; failure to raise, support, and/or respond to arguments; failure to participate in conferences and/or respond to 
          Authority orders.

    (a) Responsibilities of the exclusive representative. The exclusive 
representative has the burden of raising and supporting arguments that 
the proposal or provision is within the duty to bargain, within the duty 
to bargain at the agency's election, or not contrary to law, 
respectively, and, where applicable, why severance is appropriate.
    (b) Responsibilities of the agency. The agency has the burden of 
raising and supporting arguments that the proposal or provision is 
outside the duty to bargain or contrary to law, respectively, and, where 
applicable, why severance is not appropriate.
    (c) Failure to raise, support, and respond to arguments. (1) Failure 
to raise and support an argument will, where appropriate, be deemed a 
waiver of such argument. Absent good cause:
    (i) Arguments that could have been but were not raised by an 
exclusive representative in the petition for review, or made in its 
response to the agency's statement of position, may not be made in this 
or any other proceeding; and
    (ii) Arguments that could have been but were not raised by an agency 
in the statement of position, or made in its reply to the exclusive 
representative's response, may not be raised in this or any other 
proceeding.
    (2) Failure to respond to an argument or assertion raised by the 
other party will, where appropriate, be deemed a concession to such 
argument or assertion.
    (d) Failure to participate in conferences; failure to respond to 
Authority orders. Where a party fails to participate in a post-petition 
conference pursuant to Sec. 2424.23, a direction or proceeding under 
Sec. 2424.31, or otherwise fails to provide timely or responsive 
information pursuant to an Authority order, including an Authority 
procedural order directing the correction of

[[Page 411]]

technical deficiencies in filing, the Authority may, in addition to 
those actions set forth in paragraph (c) of this section, take any other 
action that, in the Authority's discretion, is deemed appropriate, 
including dismissal of the petition for review, with or without 
prejudice to the exclusive representative's refiling of the petition for 
review, and granting the petition for review and directing bargaining 
and/or rescission of an agency head disapproval under 5 U.S.C. 7114(c), 
with or without conditions.