97-13661. Unfair Labor Practice Proceedings: Miscellaneous and General Requirements  

  • [Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
    [Proposed Rules]
    [Pages 28378-28389]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-13661]
    
    
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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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    Federal Register / Vol. 62, No. 100 / Friday, May 23, 1997 / Proposed 
    Rules
    
    [[Page 28378]]
    
    
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    FEDERAL LABOR RELATIONS AUTHORITY
    
    5 CFR Parts 2423 and 2429
    
    
    Unfair Labor Practice Proceedings: Miscellaneous and General 
    Requirements
    
    AGENCY: Federal Labor Relations Authority.
    
    ACTION: Notice of proposed rulemaking; notice of meeting.
    
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    SUMMARY: The Federal Labor Relations Authority proposes to revise 
    portions of its regulations regarding unfair labor practice (ULP) 
    proceedings (Part 2423) and miscellaneous and general requirements 
    (Part 2429). The purpose of the proposed revisions is to streamline the 
    existing regulations, facilitate dispute resolution, clarify the 
    matters to be adjudicated, provide more flexibility to the participants 
    in the ULP process, and simplify the filing and service requirements. 
    Implementation of the proposed changes will enhance the ULP process, 
    raising the level of advocacy and facilitating adjudication of ULP 
    claims.
    
    DATES: Comments must be received on or before June 30, 1997. Meetings 
    will be held at 10:00 a.m. on June 12, 1997, in Chicago, Illinois, and 
    at 10:00 a.m. on June 18, 1997, in Washington, D.C.
    
    ADDRESSES: Mail or deliver written comments to the Office of Case 
    Control, Federal Labor Relations Authority, 607 14th Street, NW., 
    Washington, DC 20424-0001. The June 12, 1997 meeting will be held at 
    the Xerox Centre, 55 West Monroe Street, Room 1610, Chicago, Illinois 
    60603. The June 18, 1997 meeting will be held at the Federal Labor 
    Relations Authority's Headquarters, 607 14th St. NW., Washington, DC 
    20424, 2nd Floor Agenda Room.
    
    FOR FURTHER INFORMATION CONTACT: Regulatory information or registration 
    for the Washington meeting: Edward Bachman, Office of Case Control, at 
    the address listed above or by telephone # (202) 482-6540. Registration 
    for the Chicago meeting: Peter Sutton, Chicago Regional Office, Federal 
    Labor Relations Authority, 55 West Monroe Street, Suite 1150, Chicago, 
    Illinois 60603, telephone # (312) 886-3465 ext. 22.
    
    SUPPLEMENTARY INFORMATION: The Federal Labor Relations Authority 
    established a Task Force to study and evaluate the policies and 
    procedures in effect concerning the processing of a ULP complaint from 
    the issuance of the complaint through the transfer of the case to the 
    Authority after the issuance of a decision and recommended order of an 
    Administrative Law Judge-- Secs. 2423.12-2423.31 of the current 
    regulations. To this end, the Task Force published a Federal Register 
    notice (60 FR 11057) (Mar. 1, 1995) inviting parties to submit written 
    recommendations on ways to improve the post complaint ULP process. In 
    addition, the Task Force convened focus groups in order to solicit and 
    consider customers' views prior to proposing these revisions. The Task 
    Force's review of the ULP process also included review of certain of 
    the miscellaneous and general requirements of Part 2429.
        The proposed revisions, driven for the most part by the 
    recommendations of the Task Force and focus group participants, 
    represent the Federal Labor Relations Authority's intent to simplify, 
    clarify, and improve the ULP regulations as well as related 
    miscellaneous and general regulations in Part 2429. The proposed 
    revisions attempt to eliminate perceptions of unfairness and potential 
    conflict of interest problems, noted by the Task Force, by moving 
    certain post-complaint, administrative responsibilities from the 
    Regional Director to the Office of Administrative Law Judges. Another 
    major aspect of this revision is the division of Part 2423 into four 
    sequential subparts: Subpart A--Filing, Investigating, Resolving and 
    Acting on Charges-- Secs. 2423.2-2423.19; Subpart B--Post Complaint, 
    Prehearing Procedures--Secs. 2423.20-2423.29; Subpart C--Hearing 
    Procedures--Secs. 2423.30-2423.39; and Subpart D--Post-transmission and 
    Exceptions to Authority Procedures--Secs. 2423.40-2423.49. Other than 
    the minor revisions to Secs. 2423.9 and 2423.11 included in these 
    proposed revisions, Subpart A, which sets forth the precomplaint 
    procedures, will be revised at a later date. With regard to Subpart A, 
    the Office of the General Counsel of the Federal Labor Relations 
    Authority has already established internal policies to improve the 
    precomplaint process. Recent examples include the Office of the General 
    Counsel's policies concerning Settlement, Prosecutorial Discretion, 
    Scope of Investigation, Intervention, and Quality in ULP 
    Investigations. Proposed revisions to Subpart A are anticipated for 
    1998.
        In connection with the proposed revisions to Parts 2423 and 2429, 
    two focus group meetings will be conducted. The first focus group 
    meeting will be held on June 12, 1997, at the Xerox Centre, 55 West 
    Monroe Street, Room 1610, Chicago, Illinois 60603, at 10:00 a.m. 
    Persons interested in attending this first meeting on this proposed 
    rulemaking should write or call Peter Sutton, Chicago Regional Office, 
    Federal Labor Relations Authority, 55 West Monroe Street, Suite 1150, 
    Chicago, Illinois 60603, telephone # (312) 886-3465 ext. 22, to confirm 
    attendance. The second focus group meeting will be held on June 18, 
    1997, at the Federal Labor Relations Authority's Headquarters, 607 14th 
    St. N.W., Washington, D.C. 20424, 2nd Floor Agenda Room, at 10:00 a.m. 
    Persons interested in attending this second meeting on this proposed 
    rulemaking should write or call Edward Bachman, Office of Case Control, 
    at the address and phone number listed in the preceding section to 
    confirm attendance.
        Copies of all written comments will be available for inspection and 
    photocopying between 8 a.m. and 5 p.m., Monday through Friday, in Suite 
    415 at the Office of Case Control.
        Sectional analyses of the proposed amendments and revisions to Part 
    2423-- Unfair Labor Practice Proceedings and Part 2429--Miscellaneous 
    and General Requirements are as follows:
    
    Part 2423--Unfair Labor Practice Proceedings
    
    Section 2423.1
    
        No change is made to the text; however, the section is separated 
    from all subparts to reflect its applicability to the entire part.
    
    Subpart A--Filing, Investigating, Resolving, and Acting on Charges
    
    Sections 2423.2-2423.8, 2423.10
    
        No changes are made at this time.
    
    [[Page 28379]]
    
    Section 2423.9
    
        Subsection (a)(3) is amended to incorporate changes to the 
    settlement regulations. Subsection (a)(5) of the current regulations, 
    which permits the Regional Director to transfer stipulations of fact to 
    the Authority pursuant to Sec. 2429.1, is omitted to reflect the 
    proposed deletion and reservation of Sec. 2429.1 from the revised 
    regulations. Subsection (a)(6) is redesignated as subsection (a)(5).
    
    Section 2423.11
    
        This section is revised in accord with the new sequential 
    arrangement of the ULP regulations. The general settlement policy in 
    current subsection (a) is deleted. Revised Sec. 2423.11 consists of the 
    precomplaint informal settlement language contained in current 
    subsections (b) (1) and (2). Post complaint, prehearing settlement 
    provisions, currently in subsections (c)-(d), are revised and removed 
    to Subpart B, at proposed Sec. 2423.25. Similarly, the provisions 
    currently contained in subsection (e), regarding settlements after the 
    opening of the hearing, are revised and moved to Subpart C, proposed 
    Sec. 2423.31.
    
    Sections 2423.12-2423.19
    
        These sections are reserved.
    
    Subpart B--Post Complaint, Prehearing Procedures
    
    Section 2423.20
    
        Matters related to the complaint and answer, which appear in 
    Secs. 2423.12 and 2423.13 of the current regulations, are consolidated 
    here. A new provision in subsection (a)(5), requiring that the 
    complaint set out the relief sought, is intended to clarify both the 
    purpose of the complaint and the remedy to be obtained. Subsection 
    (a)(6) regarding scheduling the date, time, and place of the hearing 
    reflects the current practice, wherein the Regional Director sets forth 
    in the complaint the date, time, and place of the hearing established 
    by the Administrative Law Judge. Subsection (b) retains the 20-day 
    answer period established in Sec. 2423.13 of the current regulations. 
    Subsections (c) and (d) transfer to the Administrative Law Judge 
    certain adjudicatory responsibilities related to the complaint and 
    answer--including receiving the pleadings, ruling on motions and 
    amendments, and scheduling conference and hearing dates. Under the 
    current regulations, many of these items are the responsibility of the 
    Regional Director. Subsection (d) clarifies the authority of the Chief 
    Administrative Law Judge to designate judges in an efficient and 
    expeditious manner.
    
    Section 2423.21
    
        This section incorporates and amends the current motions procedure, 
    set out in Sec. 2423.22 of the current regulations. Specifically, 
    subsection (a) sets forth the general requirements of motions 
    procedure. Subsection (b) shifts the responsibility for ruling on 
    prehearing motions from the Regional Director to the Administrative Law 
    Judge. This accords with the changes in responsibility made in the 
    previous section. In addition, the time deadline for filing prehearing 
    motions is changed from 10 days to 15 days before the hearing. This is 
    intended to sharpen the factual and legal issues earlier in the 
    proceedings and, as a result, clarify the matters being adjudicated. 
    Requiring earlier party involvement also is expected to facilitate the 
    resolution of disputes. Subsections (c) and (d) explain the filing 
    process for post-transmission and interlocutory motions.
    
    Section 2423.22
    
        This section amends the current Sec. 2423.15 by establishing a 
    standard of review for motions to intervene and clarifying the extent 
    to which intervenors may participate in the proceedings. These changes 
    are expected to improve the Administrative Law Judge's decision-making 
    regarding intervention, improve the Authority's ability to review 
    rulings on intervention, and, in time, establish a uniform body of law 
    in this area. The changes generally accord with Merit Systems 
    Protection Board practice (5 CFR 1201.34).
    
    Section 2423.23
    
        This new section is intended to facilitate the trial process by 
    both broadening prehearing disclosure obligations and causing this 
    exchange of information to occur at least 21 days in advance of the 
    hearing. The 21-day period is necessary in order to permit the parties 
    time to properly evaluate and meet deadlines involving other pre-
    hearing matters, such as motions, subpoenas, and the pre-hearing 
    conference. For example, the exchange of witness lists and theories of 
    the case 21 days prior to the hearing will assist parties in making 
    informed determinations concerning subpoena requests, which requests 
    must be made 15 days prior to the hearing, pursuant to Sec. 2429.7. By 
    contrast, under the current regulations (Sec. 2423.14(a)), witness 
    lists and documents are exchanged immediately before or at the start of 
    the hearing, and case theories are often not revealed until the hearing 
    begins. Involving the parties in the disclosure process well in advance 
    of the hearing should clarify the issues to be litigated and enable 
    knowledgeable settlement discussions.
    
    Section 2423.24
    
        This new section sets forth an expanded role for the Administrative 
    Law Judge in the prehearing process, specifically providing for the 
    Judge's regulation of the course and scheduling of prehearing matters. 
    Under subsection (c), the Administrative Law Judge has the discretion 
    to issue a prehearing order. Subsection (d) renders mandatory a 
    prehearing conference to be scheduled by the Administrative Law Judge, 
    unless the Administrative Law Judge determines that the conference is 
    not necessary and no party has moved for a prehearing conference. At 
    such conferences, which may occur telephonically or in person, the 
    parties must be prepared to discuss, narrow, and resolve the issues set 
    forth in the complaint and answer. The matters that may be discussed at 
    the prehearing conference are specifically set forth in the regulation. 
    As with Sec. 2423.23, this subsection emphasizes the discussion and 
    resolution of issues at an earlier stage in the proceedings. Subsection 
    (e), which grants the Administrative Law Judge authority to impose 
    sanctions as appropriate, such as the exclusion of evidence or 
    submissions regarding sanctions, represents a substantial change from 
    the current regulations. Such authority accords with the regulations of 
    both the Merit Systems Protection Board (MSPB) (5 CFR 1201.43) and 
    Equal Employment Opportunity Commission (EEOC) (29 CFR 1614.109(c)) as 
    well as other administrative agencies. In addition to the new 
    provisions set forth above, this section also incorporates the current 
    Sec. 2423.12(c), which addresses changing the date, time, or place of 
    hearing, as well as some of the powers of the Administrative Law Judge 
    set forth in the current Sec. 2423.19.
    
    Section 2423.25
    
        The provisions regarding post complaint, prehearing settlements of 
    an informal or formal nature, that appear in the current Sec. 2423.11, 
    are moved to this section and appear in subsections (a), (b), and (c). 
    A significant change to the overall settlement process is the provision 
    for the settlement judge program in subsection (d). This program 
    provides the parties with an Administrative Law Judge or other 
    appropriate official to conduct negotiations for informal settlements.
    
    [[Page 28380]]
    
    The settlement official shall not be the hearing judge unless otherwise 
    agreed to by the parties. Further, all settlement proceedings under 
    this program are confidential. This revision implements a successful 
    trial program that has been tested by the Authority for the past two 
    years and closely parallels the National Labor Relations Board's 
    settlement judge program regulations (29 CFR 102.35).
    
    Section 2423.26
    
        This is a new section that supersedes the current stipulation 
    provision in Sec. 2429.1. As under current stipulation practice, the 
    parties must agree that no material issue of fact exists. Subsection 
    (a) of the revised regulation provides that the parties may jointly 
    move to have a case considered on stipulation. Subsection (b) of the 
    revised regulation clarifies that stipulations of fact may be submitted 
    to the Administrative Law Judge rather than to the Authority. If the 
    stipulation is deemed adequate, the Judge may adjudicate the case on 
    the basis of the stipulation. This was not expressly authorized in the 
    current regulations. Subsection (c) alters the current procedure, by 
    providing that the Authority has discretion to grant such motions when 
    the Authority concludes that a decision by the Administrative Law Judge 
    would not assist in resolution of the case.
    
    Section 2423.27
    
        This section creates a specific regulation for the filing of a 
    motion for summary judgment. The current regulations do not provide for 
    the filing of such motions, although the Authority has held that 
    motions for summary judgment
    
    serve the same purpose and have the same requirements as motions for 
    summary judgment filed with United States District Courts pursuant 
    to Rule 56 of the Federal Rules of Civil Procedure.
    
    U.S. Equal Employment Opportunity Commission, 51 FLRA 248, 252-53 
    (1995) (citing Department of the Navy, U.S. Naval Ordnance Station, 
    Louisville, Kentucky, 33 FLRA 3, 4 (1988)), rev'd on other grounds, No. 
    88-1861 (D.C. Cir. Aug. 9, 1990) (unpublished). The requirements in 
    this section are comparable to Rule 56 of the Federal Rules of Civil 
    Procedure, as well as summary judgment procedures of other federal 
    agencies. Time limits are established to prevent the filing of summary 
    judgment motions from interfering with the overall post complaint 
    process. Also, the requirement that the motion be filed 15 days prior 
    to the hearing is consistent with the regulations of the EEOC (29 CFR 
    1614.109(e)).
    
    Sections 2423.28-2423.29
    
        These sections are reserved.
    
    Subpart C--Hearing Procedures
    
    Section 2423.30
    
        This section regarding the general requirements for conduct of the 
    hearing consolidates and condenses various provisions of current 
    Secs. 2423.14, 2423.16, 2423.21, 2423.23, and 2423.24. Unnecessary 
    language is eliminated, particularly with regard to the relevant 
    procedures established in the Administrative Procedure Act (APA), 5 
    U.S.C. 554-557. Subsections (a) and (b) incorporate provisions of the 
    current regulations regarding an open hearing and conduct of the 
    hearing in accordance with the APA. Subsection (d) restates the current 
    objection regulation and eliminates antiquated and unclear language in 
    the current Sec. 2423.21(b), that
    
    [a]utomatic exceptions will be allowed to all adverse rulings.
    
    Under subsection (d), as under the current regulations (Sec. 2423.23) 
    objections not made before an Administrative Law Judge shall be deemed 
    waived. Subsections (c), (e), and (f) make no substantive changes from 
    the current regulations.
    
    Section 2423.31
    
        The current Secs. 2423.17 and 2423.19 are consolidated here. As 
    with Sec. 2423.30, this section eliminates superfluous language from 
    the current regulations without substantively changing the powers and 
    duties of the Administrative Law Judge at hearing. Rather than 
    delineating specific powers and duties, the revised regulation provides 
    general guidance regarding the Administrative Law Judge's authority at 
    the hearing. As in Sec. 2423.30, the powers of the Administrative Law 
    Judge set forth in the APA at 5 U.S.C. 556, 557, are controlling. 
    Subsection (c) is a new provision specifying that the Administrative 
    Law Judge may, under certain circumstances, issue bench decisions. 
    Settlement procedures to be utilized after the start of the hearing, 
    currently found in Sec. 2423.11, are set forth in subsection (d). This 
    settlement subsection retains the current practice with minor editorial 
    changes.
    
    Section 2423.32
    
        This section retains the requirement regarding the General 
    Counsel's burden of proof obligation, currently set forth in 
    Sec. 2423.18. A new provision specifies that the Respondent has the 
    burden of establishing any specific defenses to charges in the 
    complaint. This is in accord with established Authority precedent. See, 
    e.g., Internal Revenue Service (IRS), Washington, D.C. and IRS, Kansas 
    City Service Center, Kansas City, Missouri, 50 FLRA 661, 670 (1995) 
    (Respondent is required to identify specific anti-disclosure interests 
    to support defense that denial of information request is appropriate); 
    U.S. Department of Transportation, Federal Aviation Administration, New 
    York Tracon, Westbury, New York, 50 FLRA 338, 345 (1995) (Respondent 
    has burden of proving elements of Privacy Act defense); Letterkenny 
    Army Depot, 35 FLRA 113, 118 (1990) (Respondent has burden of rebutting 
    prima facie case of discrimination by a preponderance of the evidence).
    
    Section 2423.33
    
        This section parallels the current Sec. 2423.25.
    
    Section 2423.34
    
        This section, which addresses matters related to the Administrative 
    Law Judge's decision, incorporates the requirements set out in the 
    current Sec. 2423.26.
    
    Sections 2423.35-2423.39
    
        These sections are reserved.
    
    Subpart D--Post-transmission and Exceptions to Authority Procedures
    
    Section 2423.40
    
        All matters related to exceptions, cross-exceptions, and 
    oppositions, which currently appear in Secs. 2423.26, 2423.27, and 
    2423.28, are consolidated here. In addition, this section requires that 
    each of these filings include a supporting brief meeting certain format 
    requirements. These changes are intended to assist the Authority in 
    evaluating arguments, accelerate the issuance of decisions, and improve 
    the quality and responsiveness of the Authority's decisions. This 
    section also increases the time that respondents have for filing 
    oppositions.
    
    Section 2423.41
    
        Consolidated into one section are matters related to action by the 
    Authority and compliance with decisions and orders of the Authority. 
    These matters appear in current Secs. 2423.29 and 2423.30. As with the 
    reorganizations made elsewhere in the proposed rules, this 
    consolidation is intended to facilitate the parties' understanding of 
    and compliance with the regulations. This section does not make 
    substantive changes to current regulations and practice.
    
    [[Page 28381]]
    
    Section 2423.42
    
        This section simplifies current Sec. 2423.31, which sets forth the 
    procedures to be followed when compliance with a backpay order is at 
    issue. Current practice is continued with one exception--backpay 
    specifications by the Regional Director are no longer a required part 
    of the process. Instead, if the backpay amount is in question, the 
    Regional Director may issue a notice of hearing setting forth the 
    issues to be resolved without specification. The Respondent is 
    responsible for filing an answer to the notice of hearing. Thereafter, 
    the ULP hearing procedures are to be followed, with the Administrative 
    Law Judge ultimately determining the amount of backpay.
    
    Sections 2423.43-2423.49
    
        These sections are reserved.
    
    Part 2429--Miscellaneous and General Requirements
    
    Section 2429.1
    
        This section is removed and reserved. The proposed Sec. 2423.26 
    covers this procedure.
    
    Section 2429.7
    
        The spelling of the term ``subpoena'' is changed throughout this 
    section to reflect the more commonly used and dictionary spelling of 
    the word. Other than this spelling change, subsections (a) and (b) 
    remain the same. Subsection (c) amends the current process wherein 
    requests for subpoenas in ULP proceedings are filed with the Regional 
    Director and provides instead that such subpoena requests shall be 
    filed with the Office of Administrative Law Judges. This revision is in 
    keeping with the goal of eliminating any perception of unfairness or 
    conflict of interest in ULP proceedings. Subsection (e) provides that 
    petitions to revoke a subpoena in the ULP process shall be filed with 
    the Administrative Law Judge. A change applying to all proceedings 
    before the Authority is that requests for subpoenas shall be granted if 
    the issuing authority finds that the testimony or documents are 
    material and relevant to the matters under consideration. The intent of 
    the regulations is to establish minimal requirements for the obtaining 
    of a subpoena. In the ULP process, such subpoenas would be issued, on 
    sufficient showing, by the Office of Administrative Law Judges. 
    Subsection (d) of the revised regulation also establishes that in all 
    proceedings, requests for subpoenas made less than 15 days prior to the 
    opening of the hearing shall be granted if sufficient explanation is 
    provided as to why the request was not timely filed. Subsection (e) 
    clarifies the requirements for revocation of subpoenas and describes 
    the presiding official's role in explaining the procedural or other 
    ground for the ruling. Subsection (e) also establishes a procedure for 
    the revocation of a subpoena if, on further review, the subpoena does 
    not appear appropriate. In the ULP process, subpoena revocation 
    determinations would be made by an Administrative Law Judge. Subsection 
    (f) changes the Federal Labor Relations Authority official responsible 
    for court enforcement of subpoenas in all Authority proceedings from 
    the General Counsel to the Solicitor of the Authority.
    
    Section 2429.11
    
        This section retains current language regarding interlocutory 
    appeals and also creates a procedure for filing and a standard for 
    reviewing interlocutory appeals in the ULP process. This new procedure 
    is consistent with both MSPB regulations (5 CFR 1201.91-93) and 
    interlocutory appeals procedure under federal practice (28 U.S.C. 
    1292(b)).
    
    Section 2429.12
    
        This section, addressing service on parties by Authority officials 
    in all proceedings, simplifies and facilitates service requirements in 
    several respects. Corresponding changes are made to other sections 
    addressing service by the parties (Secs. 2429.22 and 2429.27) and 
    filing with the Authority (Secs. 2429.21 and 2429.24). Subsection (a) 
    permits service of process by first-class rather than certified mail, 
    although service by certified mail is still permitted. The provision 
    permitting service by telegraph is deleted. In another change, service 
    by facsimile is permitted for certain procedural and other matters in 
    order to facilitate and expedite service where appropriate. However, 
    non-procedural determinations, such as recommended decisions of the 
    Administrative Law Judge or final decisions of the Authority, which are 
    likely to be lengthier and not as time-sensitive, will be served by 
    mail. Subsection (c) is revised to address the changes in subsection 
    (a); thus, proof of service is now accomplished by certificate of the 
    individual serving the papers. Date of service, when service is by 
    mail, remains the same. For facsimile service, the date of service is 
    the date of facsimile transmission.
    
    Section 2429.13
    
        This section is amended to eliminate the current provision that 
    necessary transportation and per diem expenses for witnesses are paid 
    by the employing activity or agency. The revision reflects current 
    practice in ULP proceedings.
    
    Section 2429.14
    
        The substance of subsection (a) is unchanged, although the language 
    is simplified and clarified. Subsection (b) is revised in accordance 
    with the changes regarding payment of witness fees explained in 
    Sec. 2429.13 above. Thus, witness fees, transportation, and per diem 
    expenses are paid by the party that calls the witness to testify.
    
    Section 2429.21
    
        No change is proposed to subsection (a) concerning computation of 
    time; however, comments are solicited concerning how it could be 
    clarified. Subsection (b) is changed to address the date of filing when 
    facsimile transmission is utilized and to clarify that if the filing is 
    by commercial delivery, it shall be considered filed on the date it is 
    received by the Authority.
    
    Section 2429.22
    
        This section is revised to permit service by facsimile 
    transmission.
    
    Section 2429.24
    
        Subsection (e) is amended to clarify that documents may be filed by 
    commercial delivery. The subsection also permits limited filing by 
    facsimile transmission and parallels the change in Sec. 2429.12(a). A 
    5-page limitation is placed on such filings to discourage extensive 
    filings by facsimile that would potentially overload facsimile 
    equipment capabilities and shift voluminous document reproduction 
    responsibility from the parties to the Authority office involved.
    
    Section 2429.25
    
        This section is amended to clarify that where filing by facsimile 
    transmission is permitted, one legible copy shall be a sufficient 
    submission. The requirement that the parties file an original plus four 
    copies of documents not served by facsimile transmission is retained. 
    The extra copies facilitate review by the various Authority officials 
    with whom the documents are filed.
    
    Section 2429.27
    
        Subsection (b) is amended to permit service by facsimile. 
    Subsection (d) now reflects the date of service when service is 
    effected by facsimile.
    
    List of Subjects in 5 CFR Parts 2423 and 2429
    
        Administrative practice and procedure, Government employees, Labor 
    management relations.
    
    
    [[Page 28382]]
    
    
        For the reasons set forth in the preamble, the Federal Labor 
    Relations Authority proposes to revise 5 CFR Part 2423 and to amend 5 
    CFR Part 2429 as follows:
        1. Part 2423 is revised to read as follows:
    
    PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS
    
    Sec.
    2423.1  Applicability of this part.
    
    Subpart A--Filing, Investigating, Resolving, and Acting on Charges
    
    2423.2  Informal proceedings.
    2423.3  Who may file charges.
    2423.4  Contents of the charge; supporting evidence and documents.
    2423.5  Selection of the unfair labor practice procedure or the 
    negotiability procedure.
    2423.6  Filing and service of copies.
    2423.7  Investigation of charges.
    2423.8  Amendment of charges.
    2423.9  Action by the Regional Director.
    2423.10  Determination not to issue complaint; review of action by 
    the Regional Director.
    2423.11  Settlement prior to issuance of a complaint.
    2423.12-2423.19  [Reserved]
    
    Subpart B--Post Complaint, Prehearing Procedures
    
    2423.20 Issuance and contents of the complaint; answer to the 
    complaint; amendments; role of Office of the Administrative Law 
    Judges.
    2423.21  Motions procedure.
    2423.22  Intervenors.
    2423.23  Prehearing disclosure.
    2423.24  Powers and duties of the Administrative Law Judge during 
    prehearing proceedings.
    2423.25  Post Complaint, Prehearing Settlements.
    2423.26  Stipulations of fact submissions.
    2423.27  Summary judgment motions.
    2423.28-2423.29  [Reserved]
    
    Subpart C--Hearing Procedures
    
    2423.30 General rules.
    2423.31  Powers and duties of the Administrative Law Judge at the 
    hearing.
    2423.32  Burden of proof before the Administrative Law Judge.
    2423.33  Posthearing briefs.
    2423.34  Decision and record.
    2423.35-2423.39  [Reserved]
    Subpart D--Post-transmission and Exceptions to Authority Procedures
    2423.40 Exceptions; oppositions and cross-exceptions; waiver.
    2423.41  Action by the Authority; compliance with Authority 
    decisions and orders.
    2423.42  Backpay proceedings.
    2423.43-2423.49  [Reserved]
    
        Authority: 5 U.S.C. 7134.
    
    
    Sec. 2423.1  Applicability of this part.
    
        This part is applicable to any charge of alleged unfair labor 
    practices filed with the Authority on or after January 11, 1979.
    
    Subpart A--Filing, Investigating, Resolving, and Acting on Charges
    
    
    Sec. 2423.2  Informal proceedings.
    
        (a) The purposes and policies of the Federal Service Labor-
    Management Relations Statute can best be achieved by the cooperative 
    efforts of all persons covered by the program. To this end, it shall be 
    the policy of the Authority and the General Counsel to encourage all 
    persons alleging unfair labor practices and persons against whom such 
    allegations are made to meet and, in good faith, attempt to resolve 
    such matters prior to the filing of unfair labor practice charges with 
    the Authority.
        (b) In furtherance of the policy referred to in paragraph (a) of 
    this section, and noting the six (6) month period of limitation set 
    forth in 5 U.S.C. 7118(a)(4), it shall be the policy of the Authority 
    and the General Counsel to encourage the informal resolution of unfair 
    labor practice allegations subsequent to the filing of a charge and 
    prior to the issuance of a complaint by the Regional Director.
        (c) In order to afford the parties an opportunity to implement the 
    policy referred to in paragraphs (a) and (b) of this section, the 
    investigation of an unfair labor practice charge by the Regional 
    Director will normally not commence until the parties have been 
    afforded a reasonable amount of time, not to exceed 15 days from the 
    filing of the charge, during which period the parties are urged to 
    attempt to informally resolve the unfair labor practice allegation.
    
    
    Sec. 2423.3  Who may file charges.
    
        An activity, agency or labor organization may be charged by any 
    person with having engaged in or engaging in any unfair labor practice 
    prohibited under 5 U.S.C. 7116.
    
    
    Sec. 2423.4  Contents of the charge; supporting evidence and documents.
    
        (a) A charge alleging a violation of 5 U.S.C. 7116 shall be 
    submitted on forms prescribed by the Authority and shall contain the 
    following:
        (1) The name, address and telephone number of the person(s) making 
    the charge;
        (2) The name, address and telephone number of the activity, agency, 
    or labor organization against whom the charge is made;
        (3) A clear and concise statement of the facts constituting the 
    alleged unfair labor practice, a statement of the section(s) and 
    subsection(s) of chapter 71 of title 5 of the United States Code 
    alleged to have been violated, and the date and place of occurrence of 
    the particular acts; and
        (4) A statement of any other procedure invoked involving the 
    subject matter of the charge and the results, if any, including 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 
    Special Counsel of the Merit Systems Protection Board for consideration 
    or action; or
        (iii) Involves a negotiability issue raised by the charging party 
    in a petition pending before the Authority pursuant to Part 2424 of 
    this subchapter.
        (b) Such charge shall be in writing and signed and shall contain a 
    declaration by the person 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 person's knowledge and belief.
        (c) When filing a charge, the charging party shall submit to the 
    Regional Director any supporting evidence and documents.
    
    
    Sec. 2423.5  Selection of the unfair labor practice procedure or the 
    negotiability procedure.
    
        Where a labor organization files an unfair labor practice charge 
    pursuant to this part which involves a negotiability issue, and the 
    labor organization also files pursuant to Part 2424 of this subchapter 
    a petition for review of the same negotiability issue, the Authority 
    and the General Counsel ordinarily will not process the unfair labor 
    practice charge and the petition for review simultaneously. Under such 
    circumstances, the labor organization must select under which procedure 
    to proceed. Upon selection of one procedure, further action under the 
    other procedure will ordinarily be suspended. Such selection must be 
    made regardless of whether the unfair labor practice charge or the 
    petition for review of a negotiability issue is filed first. 
    Notification of this selection must be made in writing at the time that 
    both procedures have been invoked, and must be served on the Authority, 
    the appropriate Regional Director and all parties to both the unfair 
    labor practice case and the negotiability case. Cases which solely 
    involve an agency's allegation that the duty to bargain in good faith 
    does not extend to the matter proposed to be bargained and which do not 
    involve actual or contemplated
    
    [[Page 28383]]
    
    changes in conditions of employment may only be filed under Part 2424 
    of this subchapter.
    
    
    Sec. 2423.6  Filing and service of copies.
    
        (a) An original and four (4) copies of the charge together with one 
    copy for each additional charged party named shall be filed with the 
    Regional Director for the region in which the 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 for any such region.
        (b) Upon the filing of a charge, the charging party shall be 
    responsible for the service of a copy of the charge (without the 
    supporting evidence and documents) upon the person(s) against whom the 
    charge is made, and for filing a written statement of such service with 
    the Regional Director. The Regional Director will, as a matter of 
    course, cause a copy of such charge to be served on the person(s) 
    against whom the charge is made, but shall not be deemed to assume 
    responsibility for such service.
        (c) A charge will be deemed to be filed when it is received by the 
    appropriate Regional Director in accordance with the requirements in 
    paragraph (a) of this section.
    
    
    Sec. 2423.7  Investigation of charges.
    
        (a) The Regional Director, on behalf of the General Counsel, shall 
    conduct such investigation of the charge as the Regional Director deems 
    necessary. Consistent with the policy set forth in Sec. 2423.2, the 
    investigation will normally not commence until the parties have been 
    afforded a reasonable amount of time, not to exceed 15 days from the 
    filing of the charge, to informally resolve the unfair labor practice 
    allegation.
        (b) During the course of the investigation all parties involved 
    will have an opportunity to present their evidence and views to the 
    Regional Director.
        (c) In connection with the investigation of charges, all persons 
    are expected to cooperate fully with the Regional Director.
        (d) 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 voluntary submission of all 
    potentially relevant information from all potential sources during the 
    course of the investigation. To this end, it shall be the policy of the 
    Authority and the General Counsel to protect the identity of 
    individuals and the substance of the statements and information they 
    submit or which is obtained during the investigation as a means of 
    assuring the Authority's and the General Counsel's continuing ability 
    to obtain all relevant information.
    
    
    Sec. 2423.8  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. 2423.9  Action by the Regional Director.
    
        (a) The Regional Director shall take action which may consist of 
    the following, as appropriate:
        (1) Approve a request to withdraw a charge;
        (2) Refuse to issue a complaint;
        (3) Approve a written settlement agreement in accordance with the 
    provisions of Part 2423;
        (4) Issue a complaint; or
        (5) Withdraw a complaint.
        (b) 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 will 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 for such temporary relief is final and may not be appealed to 
    the Authority.
        (c) Upon a determination to issue a complaint, whenever it is 
    deemed advisable by the Authority to seek appropriate temporary relief 
    (including a restraining order) under 5 U.S.C. 7123(d), the Regional 
    Attorney or other designated agent of the Authority to whom the matter 
    has been referred will 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. Such temporary relief will not be sought unless the 
    record establishes probable cause that an unfair labor practice is 
    being committed, or if such temporary relief will interfere with the 
    ability of the agency to carry out its essential functions.
        (d) Whenever temporary relief has been obtained pursuant to 5 
    U.S.C. 7123(d) and thereafter the Administrative Law Judge hearing the 
    complaint, upon which the determination to seek such temporary relief 
    was predicated, recommends dismissal of such complaint, in whole or in 
    part, the Regional Attorney or other designated agent of the Authority 
    handling the case for the Authority shall inform the district court 
    which granted the temporary relief of the possible change in 
    circumstances arising out of the decision of the Administrative Law 
    Judge.
    
    
    Sec. 2423.10  Determination not to issue complaint; review of action by 
    the Regional Director.
    
        (a) 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, and in the absence 
    of such withdrawal within a reasonable time, decline to issue a 
    complaint.
        (b) If the Regional Director determines not to issue a complaint on 
    a charge which is not withdrawn, the Regional Director shall provide 
    the parties with a written statement of the reasons for not issuing a 
    complaint.
        (c) The charging party may obtain a review of the Regional 
    Director's decision not to issue a complaint by filing an appeal with 
    the General Counsel within 25 days after service of the Regional 
    Director's decision. The appeal shall contain a complete statement 
    setting forth the facts and reasons upon which it is based. A copy of 
    the appeal shall also be filed with the Regional Director. In addition, 
    the charging party should notify all other parties of the fact that an 
    appeal has been taken, but any failure to give such notice shall not 
    affect the validity of the appeal.
        (d) A request for extension of time to file an appeal shall be in 
    writing and received by the General Counsel not later than 5 days 
    before the date the appeal is due. The charging party should notify the 
    Regional Director and all other parties that it has requested an 
    extension of time in which to file an appeal, but any failure to give 
    such notice shall not affect the validity of its request for an 
    extension of time to file an appeal.
        (e) The General Counsel may sustain the Regional Director's refusal 
    to issue or re-issue a complaint, stating the grounds of affirmance, or 
    may direct the Regional Director to take further action. The General 
    Counsel's decision shall be served on all the parties. The decision of 
    the General Counsel shall be final.
    
    
    Sec. 2423.11  Settlement prior to issuance of a complaint.
    
        (a) Prior to the issuance of any complaint or the taking of other 
    formal action, the Regional Director will afford the Charging Party and 
    the Respondent
    
    [[Page 28384]]
    
    a reasonable period of time in which to enter into an informal 
    settlement agreement to be approved by the Regional Director. Upon 
    approval by the Regional Director and compliance with the terms of the 
    informal settlement agreement, no further action shall be taken in the 
    case. If the Respondent fails to perform its obligations under the 
    informal settlement agreement, the Regional Director may determine to 
    institute further proceedings.
        (b) In the event that the Charging Party fails or refuses to become 
    a party to an informal settlement agreement offered by the Respondent, 
    if the Regional Director concludes that the offered settlement will 
    effectuate the policies of the Federal Service Labor-Management 
    Relations Statute, the Regional Director shall enter into the agreement 
    with the Respondent and shall decline to issue a complaint. The 
    Charging Party may obtain a review of the Regional Director's action by 
    filing an appeal with the General Counsel in accordance with 
    Sec. 2423.10(c). The General Counsel shall take action on such appeal 
    as set forth in Sec. 2423.10(e).
    
    
    Secs. 2423.12-2423.19  [Reserved]
    
    Subpart B--Post Complaint, Prehearing Procedures
    
    
    Sec. 2423.20  Issuance and contents of the complaint; answer to the 
    complaint; amendments; role of Office of Administrative Law Judges.
    
        (a) Complaint. Whenever formal proceedings are deemed necessary, 
    the Regional Director shall file and serve, in accordance with 
    Sec. 2429.12 of this Subchapter, a complaint with the Office of 
    Administrative Law Judges. The decision to issue a complaint shall not 
    be subject to review. Any complaint may be withdrawn by the Regional 
    Director prior to the hearing. The complaint shall set forth:
        (1) Notice of the charge;
        (2) The basis for jurisdiction;
        (3) The facts alleged to constitute an unfair labor practice;
        (4) The particular sections of 5 U.S.C., chapter 71 and the rules 
    and regulations involved;
        (5) The relief sought;
        (6) Notice of the date, time, and place that a hearing will take 
    place before an Administrative Law Judge; and
        (7) A brief statement explaining the nature of the hearing.
        (b) Answer. Within 20 days after the date of service of the 
    complaint, the Respondent shall file and serve, in accordance with Part 
    2429 of this Subchapter, an answer with the Office of Administrative 
    Law Judges. The answer shall admit, deny, or explain each allegation of 
    the complaint. If the Respondent has no knowledge of an allegation or 
    insufficient information as to its truthfulness, the answer shall so 
    state. Absent a showing of good cause to the contrary, failure to file 
    an answer or respond to any allegation shall constitute an admission. 
    Motions to extend the filing deadline shall be filed in accordance with 
    Sec. 2423.21.
        (c) Amendments. The Regional Director may amend the complaint at 
    any time before the answer is filed. The Respondent then has 20 days 
    from the date of service of the amended complaint to file an answer 
    with the Office of Administrative Law Judges. The answer may be amended 
    by the Respondent within 20 days after the answer is filed. Thereafter, 
    any requests to amend the complaint or answer must be made by motion to 
    the Office of Administrative Law Judges.
        (d) Office of Administrative Law Judges. Pleadings, motions, 
    conferences, hearings, and other matters throughout as specified in 
    Subparts B, C, and D shall be administered by the Office of 
    Administrative Law Judges. The Chief Administrative Law Judge, or any 
    Administrative Law Judge designated by the Chief Administrative Law 
    Judge, shall administer any matters properly submitted to the Office of 
    Administrative Law Judges. Throughout subparts B, C, and D of this 
    part, ``Administrative Law Judge'' refers to the Chief Administrative 
    Law Judge or his or her designee.
    
    
    Sec. 2423.21  Motions procedure.
    
        (a) General requirements. All motions, except those made during a 
    prehearing conference or hearing, shall be in writing. Motions for an 
    extension of time, postponement of a hearing, or any other procedural 
    ruling shall include a statement of the position of the other parties 
    on the motion. All written motions and responses shall satisfy the 
    filing and service requirements of part 2429 of this subchapter.
        (b) Motions made to the Administrative Law Judge. Prehearing 
    motions and motions made at the hearing shall be filed with the 
    Administrative Law Judge. Unless otherwise specified in Subparts B or C 
    of this part, or otherwise directed or approved by the Administrative 
    Law Judge, prehearing motions shall be filed at least 15 days prior to 
    the hearing, and responses to both prehearing motions and motions made 
    at the hearing shall be filed within 5 days after the date of service 
    of the motion. Posthearing motions shall be filed within 15 days after 
    the date the hearing closes, and responses shall be filed within 5 days 
    after the date of service of the motion. Motions to correct the 
    transcript shall be filed with the Administrative Law Judge.
        (c) Post-transmission motions. After the case has been transmitted 
    to the Authority, motions shall be filed with the Authority.
        (d) Interlocutory appeals. Motions for an interlocutory appeal of 
    any ruling and responses shall be filed in accordance with this section 
    and Sec. 2429.11 of this subchapter.
    
    
    Sec. 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 the outcome of the proceeding is likely to directly affect 
    the movant's rights or duties. Intervenors may participate only: on the 
    issues determined by the Administrative Law Judge to affect them; and 
    to the extent permitted by the Judge. Denial of such motions may be 
    appealed pursuant to Sec. 2423.21(d).
    
    
    Sec. 2423.23  Prehearing disclosure.
    
        Unless otherwise directed or approved by the Judge, the parties 
    shall exchange the following items at least 21 days prior to the 
    hearing:
        (a) Proposed witness lists, including a brief synopsis of the 
    expected testimony of each witness;
        (b) Copies of documents, with an index, to be offered into 
    evidence; and
        (c) A brief statement of the theory of the case, including any and 
    all defenses to the charges, and citations to any precedent relied 
    upon.
    
    
    Sec. 2423.24  Powers and duties of the Administrative Law Judge during 
    prehearing proceedings.
    
        (a) Prehearing procedures. The Administrative Law Judge shall 
    regulate the course and scheduling of prehearing matters, including 
    prehearing orders, conferences, disclosure, motions, and subpoena 
    requests.
        (b) Changing date, time, or place of hearing. After issuance of the 
    complaint or any prehearing order, the Administrative Law Judge may, 
    upon his or her own motion or proper cause shown by any party through 
    the motions procedure in Sec. 2423.21, change the date, time, or place 
    of the hearing.
        (c) Prehearing order. (1)The Administrative Law Judge may issue a 
    prehearing order confirming or changing:
        (i) The date, time, or place of the hearing;
        (ii) The schedule for prehearing disclosure of witness lists and
    
    [[Page 28385]]
    
    documents intended to be offered into evidence at the hearing;
        (iii) The date for submission of procedural and substantive 
    motions;
        (iv) The date, time, and place of the prehearing conference; and
        (v) Any other matter pertaining to prehearing or hearing 
    procedures.
        (2) The prehearing order shall be served in accordance with 
    Sec. 2429.12 of this Subchapter.
        (d) Prehearing conferences. The Administrative Law Judge shall 
    conduct one or more prehearing conferences, either by telephone or in 
    person, at least 7 days prior to the hearing date, unless the 
    Administrative Law Judge determines that a prehearing conference would 
    serve no purpose and no party has moved for a prehearing conference in 
    accordance with Sec. 2423.21. If a prehearing conference is held, all 
    parties must participate and be prepared to discuss, narrow, and 
    resolve the issues set forth in the complaint and answer. The 
    Administrative Law Judge may either prepare and file for the record a 
    written summary of actions taken at the conference or direct a party to 
    do so. Summaries of the conference shall be served on all parties in 
    accordance with Sec. 2429.12 of this Subchapter.The following matters 
    may also be considered at the prehearing conference:
        (1) Settlement of the case, either by the Judge conducting the 
    prehearing conference or pursuant to Sec. 2423.25;
        (2) Admissions of fact, disclosure of contents and authenticity of 
    documents, and stipulations of fact;
        (3) Objections to the introduction of evidence at the hearing, 
    including oral or written testimony, documents, papers, exhibits, or 
    other submissions proposed by a party;
        (4) Subpoena requests;
        (5) Any matters subject to official notice;
        (6) Outstanding motions; or
        (7) Any other matter that may expedite the hearing or aid in the 
    disposition of the case.
        (e) Sanctions. The Administrative Law Judge may impose sanctions 
    upon the parties as necessary and appropriate under the circumstances. 
    Such authority includes, but is not limited to, the power to:
        (1) Prohibit a party who fails to comply with any requirement of 
    Subpart B or C of this part from, as appropriate, introducing evidence, 
    calling witnesses, or raising objections to the introduction of 
    evidence or testimony of witnesses at the hearing.
        (2) Refuse to consider any submission that is not filed in 
    compliance with Subparts B or C of this part.
    
    
    Sec. 2423.25  Post Complaint, Prehearing Settlements.
    
        (a) Informal and formal settlements. Post complaint settlements may 
    be either informal or formal.
        (1) Informal settlement agreements provide for withdrawal of the 
    complaint by the Regional Director and are not subject to approval by 
    or an order of the Authority. If the Respondent fails to perform its 
    obligations under the informal settlement agreement, the Regional 
    Director may re-institute formal proceedings consistent with this 
    Subpart.
        (2) Formal settlement agreements are subject to approval by the 
    Authority, and include the parties' agreement to waive their right to a 
    hearing and acknowledgment that the Authority may issue an order 
    requiring the Respondent to take action appropriate to the terms of the 
    settlement. The formal settlement agreement shall also contain the 
    Respondent's consent to the Authority's application for the entry of a 
    decree by an appropriate federal court enforcing the Authority's order.
        (b) Informal settlement procedure. If the Charging Party and the 
    Respondent enter into an informal settlement agreement that is accepted 
    by the Regional Director, the Regional Director shall withdraw the 
    complaint and approve the informal settlement agreement. If the 
    Charging Party fails or refuses to become a party to an informal 
    settlement agreement offered by the Respondent, and the Regional 
    Director concludes that the offered settlement will effectuate the 
    policies of the Federal Service Labor-Management Relations Statute, the 
    Regional Director shall enter into the agreement with the Respondent 
    and shall withdraw the complaint. The Charging Party then may obtain a 
    review of the Regional Director's action by filing an appeal with the 
    General Counsel as provided in subpart A of this part.
        (c) Formal settlement procedure. If the Charging Party and the 
    Respondent enter into a formal settlement agreement that is accepted by 
    the Regional Director, the Regional Director shall withdraw the 
    complaint upon approval of the formal settlement agreement by the 
    Authority. If the Charging Party fails or refuses to become a party to 
    a formal settlement agreement offered by the Respondent, and the 
    Regional Director concludes that the offered settlement will effectuate 
    the policies of the Federal Service Labor-Management Relations Statute, 
    the agreement shall be between the Respondent and the Regional 
    Director. The formal settlement agreement together with the Charging 
    Party's objections, if any, shall be submitted to the Authority for 
    approval. The Authority may approve a formal settlement agreement upon 
    a sufficient showing that it will effectuate the policies of the 
    Federal Service Labor-Management Relations Statute.
        (d) Settlement judge program. The Administrative Law Judge, on his 
    or her own motion, or upon the request of any party, may assign a judge 
    or other appropriate official, who shall be other than the hearing 
    judge unless otherwise mutually agreed to by the parties, to conduct 
    negotiations for informal settlements.
        (1) The settlement official shall convene and preside over 
    settlement conferences by telephone or in person.
        (2) The settlement official may require that the representative for 
    each party be present at settlement conferences and that the parties or 
    agents with full settlement authority be present or available by 
    telephone.
        (3) All discussions between the parties and the settlement official 
    shall be confidential. The settlement official shall not discuss any 
    aspect of the case with the hearing judge, and no evidence regarding 
    statements, conduct, offers of settlement, and concessions of the 
    parties made in proceedings before the settlement official shall be 
    admissible in any proceeding before the Administrative Law Judge or 
    Authority, except by stipulation of the parties.
    
    
    Sec. 2423.26  Stipulations of fact submissions.
    
        (a) General. In any unfair labor practice case under this 
    Subchapter, upon agreement of all parties that no material issue of 
    fact exists, the parties may jointly submit a motion to the 
    Administrative Law Judge or Authority requesting consideration of the 
    matter based upon stipulations of fact.
        (b) Stipulations to the Administrative Law Judge. Where the 
    stipulation adequately addresses the appropriate material facts, the 
    Administrative Law Judge may grant the motion and decide the case 
    through stipulation.
        (c) Stipulations to the Authority. Where the stipulation adequately 
    addresses the appropriate material facts and a decision by the 
    Administrative Law Judge would not assist in the resolution of the 
    case, the Authority may grant the motion and decide the case through 
    stipulation.
    
    
    Sec. 2423.27  Summary judgment motions.
    
        (a) Any party may move, no later than 15 days prior to the 
    scheduled hearing, for a summary judgment in its favor upon any of the 
    issues pleaded. The motion shall demonstrate that there is no genuine 
    issue of material fact and that the moving party is entitled to a
    
    [[Page 28386]]
    
    judgment as a matter of law. Such motions shall be supported by 
    documents, affidavits, applicable precedent, or other appropriate 
    materials.
        (b) Responses must be filed within 10 days after the date of 
    service of the motion. Responses may not rest upon mere allegations or 
    denials but must show, by documents, affidavits, applicable precedent, 
    or other appropriate materials, that there is a genuine issue to be 
    determined at the hearing.
        (c) If all issues are decided by summary judgment, no hearing will 
    be held and the Administrative Law Judge shall prepare a decision in 
    accordance with Sec. 2423.34. If summary judgment is denied, or if 
    partial summary judgment is granted, the Administrative Law Judge shall 
    issue an opinion and order, subject to interlocutory appeal as provided 
    in Sec. 2429.11 of this subchapter, and the hearing shall proceed as 
    necessary.
    
    
    Secs. 2423.28-2423.29  [Reserved]
    
    Subpart C--Hearing Procedures
    
    
    Sec. 2423.30  General rules.
    
        (a) Open hearing. The hearing shall be open to the public unless 
    otherwise ordered by the Administrative Law Judge.
        (b) Administrative Procedure Act. The hearing shall, to the extent 
    practicable, be conducted in accordance with the Administrative 
    Procedure Act, 5 U.S.C. 554-557.
        (c) Rights of parties. A party shall have the right to appear at 
    any hearing in person, by counsel, or by other representative; to 
    examine and cross-examine witnesses; to introduce into the record 
    documentary or other relevant evidence; and to submit rebuttal 
    evidence, except that the participation of any party shall be limited 
    to the extent prescribed by the Administrative Law Judge.
        (d) Objections. Objections are oral or written complaints 
    concerning the conduct of a hearing. Any objection not raised to the 
    Administrative Law Judge shall be deemed waived.
        (e) Oral argument. Any party shall be entitled, upon request, to a 
    reasonable period prior to the close of the hearing for oral argument, 
    which shall be included in the official transcript of the hearing.
        (f) Official transcript. An official reporter shall make the only 
    official transcript of such proceedings. Copies of the transcript may 
    be examined in the appropriate Regional Office during normal working 
    hours. Parties desiring a copy of the transcript shall make 
    arrangements for a copy with the official hearing reporter.
    
    
    Sec. 2423.31  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, and judicial manner, taking action as 
    needed to avoid unnecessary delay and maintain order during the 
    proceedings. The Administrative Law Judge may take any action necessary 
    to schedule, conduct, continue, control, and regulate the hearing, 
    including ruling on motions and taking official notice of material 
    facts when appropriate. No provision of these regulations shall be 
    construed to limit the powers of the Administrative Law Judge provided 
    by the Administrative Procedure Act, 5 U.S.C. 556, 557.
        (b) Evidence. The Administrative Law Judge shall receive evidence 
    and inquire fully into the relevant and material facts concerning the 
    matters that are the subject of the hearing. The Administrative Law 
    Judge may exclude any evidence which is immaterial, irrelevant, unduly 
    repetitious, or customarily privileged. Rules of evidence shall not be 
    strictly followed.
        (c) Bench decisions. The Administrative Law Judge may, upon mutual 
    agreement of and motion by the parties, issue a decision orally at the 
    close of the hearing when the nature of the case and the public 
    interest warrant. If the motion is granted, the parties waive their 
    right to file posthearing briefs and exceptions to the Authority. If 
    the decision is announced orally, a copy thereof, excerpted from the 
    transcript or recording, shall be furnished to the parties in 
    accordance with Sec. 2429.12 of this subchapter. Irrespective of the 
    date such copy is served, the issuance date of the decision shall be 
    the date the certified record, as corrected, and any Order, is served.
        (d) Settlements after the opening of the hearing. As set forth in 
    Sec. 2423.25(a), settlements may be either informal or formal.
        (1) Informal settlement procedure: Judge's approval of withdrawal. 
    If the Charging Party and the Respondent enter into an informal 
    settlement agreement that is accepted by the Regional Director, the 
    Regional Director may request the Administrative Law Judge for 
    permission to withdraw the complaint and, having been granted such 
    permission, shall withdraw the complaint and approve the informal 
    settlement between the Charging Party and Respondent. If the Charging 
    Party fails or refuses to become a party to an informal settlement 
    agreement offered by the Respondent, and the Regional Director 
    concludes that the offered settlement will effectuate the policies of 
    the Federal Service Labor-Management Relations Statute, the Regional 
    Director shall enter into the agreement with the Respondent and shall, 
    if granted permission by the Administrative Law Judge, withdraw the 
    complaint. The Charging Party then may obtain a review of the Regional 
    Director's decision as provided in subpart A of this part.
        (2) Formal settlement procedure: Judge's approval of settlement. If 
    the Charging Party and the Respondent enter into a formal settlement 
    agreement that is accepted by the Regional Director, the Regional 
    Director may request the Administrative Law Judge to approve such 
    formal settlement agreement, and upon such approval, to transmit the 
    agreement to the Authority for approval. If the Charging Party fails or 
    refuses to become a party to a formal settlement agreement offered by 
    the Respondent, and the Regional Director concludes that the offered 
    settlement will effectuate the policies of the Federal Service Labor-
    Management Relations Statute, the agreement shall be between the 
    Respondent and the Regional Director. After the Charging Party is given 
    an opportunity to state on the record or in writing the reasons for 
    opposing the formal settlement, the Regional Director may request the 
    Administrative Law Judge to approve such formal settlement agreement, 
    and upon such approval, to transmit the agreement to the Authority for 
    approval.
    
    
    Sec. 2423.32  Burden 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 the 
    complaint by a preponderance of the evidence. The Respondent shall have 
    the burden of establishing any specific defenses that it raises to the 
    charges in the complaint.
    
    
    Sec. 2423.33  Posthearing briefs.
    
        Posthearing briefs may be filed with the Administrative Law Judge 
    within a time period set by the Judge, not to exceed 30 days from the 
    close of the hearing, unless otherwise directed by the judge, and shall 
    satisfy the filing and service requirements of part 2429 of this 
    subchapter. Reply briefs shall not be filed absent permission of the 
    Judge. Motions to extend the filing deadline or for permission to file 
    a reply brief shall be filed in accordance with Sec. 2423.21.
    
    [[Page 28387]]
    
    Sec. 2423.34  Decision and record.
    
        (a) Except when bench decisions are issued pursuant to 
    Sec. 2423.31(c), the Administrative Law Judge shall prepare a written 
    decision expeditiously in every case. All written decisions shall be 
    served in accordance with Sec. 2429.12 of this subchapter. The decision 
    shall set forth:
        (1) A statement of the issues;
        (2) Relevant findings of fact;
        (3) Conclusions of law and reasons therefor;
        (4) Credibility determinations as necessary; and
        (5) A recommended disposition or order.
        (b) The Judge shall transmit the decision and record to the 
    Authority. The record shall include the charge, complaint, service 
    sheet, answer, motions, rulings, orders, stipulations, objections, 
    depositions, interrogatories, exhibits, documentary evidence, official 
    transcript of the hearing, briefs, and any other filings or submissions 
    made by the parties.
    
    
    Secs. 2423.35-2423.39  [Reserved]
    
    Subpart D--Post-transmission and Exceptions to Authority Procedures
    
    
    Sec. 2423.40  Exceptions; oppositions and cross-exceptions; waiver.
    
        (a) Exceptions. Exceptions may be filed with the Authority within 
    25 days after the date of service of the Judge's decision. Exceptions 
    and supporting briefs shall satisfy the filing and service requirements 
    of part 2429 of this subchapter.
        (1) Exceptions shall state: the specific findings, conclusions, 
    determinations, rulings, or recommendations being challenged; the 
    grounds relied upon; and the relief sought.
        (2) Exceptions shall include a supporting brief. The brief shall 
    set forth in this order: all relevant facts; the issues to be 
    addressed; and a separate argument for each issue. Statements of fact 
    shall include specific citations to the record, and arguments shall be 
    supported by specific citations to legal authority. Attachments to 
    briefs shall be separately paginated and indexed as necessary. Briefs 
    containing 20 or more pages shall include a table of contents and a 
    table of legal authorities cited.
        (b) Oppositions and cross-exceptions. Unless otherwise directed or 
    approved by the Authority, oppositions to exceptions and/or cross-
    exceptions may be filed with the Authority within 20 days after the 
    date of service of the exceptions. Oppositions shall state the specific 
    exceptions being opposed. Oppositions and cross-exceptions shall be 
    subject to the same requirements as exceptions set out in paragraph (a) 
    of this section.
        (c) Waiver. Any exception not specifically urged shall be deemed to 
    have been waived.
    
    
    Sec. 2423.41  Action by the Authority; compliance with Authority 
    decisions and orders.
    
        (a) In the absence of the filing of exceptions within the time 
    limits established in Sec. 2423.40, the findings, conclusions, and 
    recommendations in the decision of the Administrative Law Judge shall, 
    without precedential significance, become the findings, conclusions, 
    decision and order of the Authority, and all objections and exceptions 
    to the rulings and decision of the Administrative Law Judge shall be 
    deemed waived for all purposes. Failure to comply with any filing 
    requirement established in Sec. 2423.40 may result in the information 
    furnished being disregarded.
        (b) Whenever exceptions are filed in accordance with Sec. 2423.40, 
    the Authority shall issue a decision affirming or reversing, in whole 
    or in part, the decision of the Administrative Law Judge or disposing 
    of the matter as is otherwise deemed appropriate.
        (c) Upon finding a violation, the Authority shall, in accordance 
    with 5 U.S.C. 7118(a)(7), issue an order directing the violator, as 
    appropriate, to cease and desist from any unfair labor practice, or to 
    take any other action to effectuate the purposes of the Federal Service 
    Labor-Management Relations Statute.
        (d) Upon finding no violation, the Authority shall dismiss the 
    complaint.
        (e) After the Authority issues an order, the Respondent shall, 
    within the time specified in the order, provide to the appropriate 
    Regional Director a report regarding what compliance actions have been 
    taken. Upon determining that the Respondent has not complied with the 
    Authority's order, the Regional Director shall refer the case to the 
    Authority for enforcement or take other appropriate action.
    
    
    Sec. 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 to 
    the Regional Director that a controversy exists between the Authority 
    and a Respondent regarding backpay that cannot be resolved without a 
    formal proceeding, the Regional Director may issue and serve on all 
    parties a notice of hearing before an Administrative Law Judge to 
    determine the backpay amount. The notice of hearing shall set forth the 
    specific backpay issues to be resolved. The Respondent shall, within 20 
    days after the service of a notice of hearing, file an answer in 
    accordance with Sec. 2423.20. After the issuance of a notice of 
    hearing, the procedures provided in subparts B, C, and D of this part 
    shall be followed as applicable.
    
    
    Secs. 2423.43-2423.49  [Reserved]
    
    PART 2429--MISCELLANEOUS AND GENERAL REQUIREMENTS
    
        2. The authority citation for Part 2429 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 7134.
    
        3. Section 2429.1 is removed and reserved, and reads as follows:
    
    
    Sec. 2429.1  [Removed and reserved]
    
        4. Section 2429.7 is amended by revising the heading, removing the 
    word ``subpena'' and substituting ``subpoena'' throughout the section 
    and by revising paragraphs (c) through (f) to read as follows:
    
    
    Sec. 2429.7  Subpoenas.
    
    * * * * *
        (c) A request for a subpoena by any person, as defined in 5 U.S.C. 
    7103(a)(1), shall be in writing and filed with the Regional Director, 
    in proceedings arising under part 2422 of this Subchapter, with the 
    Office of Administrative Law Judges in proceedings arising under 
    subparts B and C of part 2423 of this subchapter, or with the 
    Authority, in proceedings arising under parts 2424 and 2425 of this 
    subchapter, not less than 15 days prior to the opening of a hearing, or 
    with the appropriate presiding official(s) during the hearing.
        (d) All requests shall name and identify the witnesses or documents 
    sought and state the reasons therefor. The Authority, General Counsel, 
    Office of Administrative Law Judges, Regional Director, Hearing 
    Officer, or any other employee of the Authority designated by the 
    Authority, as appropriate, shall grant timely requests upon the 
    determination that the testimony or documents appear to be material and 
    relevant to the matters under investigation and the request describes 
    with sufficient particularity the documents sought. Requests for 
    subpoenas made less than 15 days prior to the opening of the hearing 
    shall be granted on sufficient explanation of why the request was not 
    timely filed. Service of an approved subpoena is the responsibility of 
    the party on whose behalf the subpoena was issued. The
    
    [[Page 28388]]
    
    subpoena shall show on its face the name and address of the party on 
    whose behalf the subpoena was issued.
        (e)(1) 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 a subpoena shall be served on the party on whose 
    behalf the subpoena was issued. Such petition to revoke, if made prior 
    to the hearing, and a written statement of service, shall be filed with 
    the Regional Director in proceedings arising under part 2422 of this 
    subchapter, with the Administrative Law Judge in proceedings arising 
    under part 2423 of this subchapter, and with the Authority, in 
    proceedings arising under parts 2424 and 2425 of this subchapter for 
    ruling. A petition to revoke a subpoena filed during the hearing, and a 
    written statement of service, shall be filed with the appropriate 
    presiding official(s).
        (2) The Authority, General Counsel, Administrative Law Judge, 
    Regional Director, Hearing Officer, or any other employee of the 
    Authority designated by the Authority, as appropriate, shall revoke the 
    subpoena if, on further review, the person 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 Authority, General Counsel, Administrative Law 
    Judge, Regional Director, Hearing Officer, or any other employee of the 
    Authority designated by the Authority, as appropriate, shall state the 
    procedural or other ground for the ruling on the petition to revoke. 
    The petition to revoke, any answer thereto, and any ruling thereon 
    shall not become part of the official record except upon the request of 
    the party aggrieved by the ruling.
        (f) Upon the failure of any person to comply with a subpoena issued 
    and upon the request of the party on whose behalf the subpoena was 
    issued, the Solicitor of the Authority shall institute proceedings on 
    behalf of such party in the appropriate district court for the 
    enforcement thereof, unless to do so would be inconsistent with law and 
    the Federal Service Labor-Management Relations Statute.
        5. Section 2429.11 is revised to read as follows:
    
    
    Sec. 2429.11  Interlocutory Appeals.
    
        (a) Except as set forth in paragraphs (b), (c), and (d), of this 
    section, the Authority and the General Counsel ordinarily will not 
    consider interlocutory appeals.
        (b) In an unfair labor practice proceeding under Part 2423 of this 
    Subchapter, motions for an interlocutory appeal shall be filed in 
    writing with the Administrative Law Judge within 5 days after the date 
    of the contested ruling. The motion shall state why interlocutory 
    review is appropriate, and why the Authority should modify or reverse 
    the contested ruling.
        (c) The Judge shall grant the motion and certify the contested 
    ruling to the Authority if:
        (1) The ruling involves an important question of law or policy 
    about which there is substantial ground for difference of opinion; and
        (2) Immediate review will materially advance completion of the 
    proceeding, or the denial of immediate review will cause undue harm to 
    a party or the public.
        (d) If the motion is granted, the Judge or Authority may stay the 
    hearing during the pendency of the appeal. If the motion is denied, 
    exceptions to the contested ruling may be filed in accordance with 
    Sec. 2423.40 of this Subchapter after the Judge issues a decision and 
    recommended order in the case.
        6. Section 2429.12 is amended by revising paragraphs (a) and (c) to 
    read as follows:
    
    
    Sec. 2429.12  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 of 
    Administrative Law Judges, decisions of the Authority, complaints, 
    written rulings on motions, and all other papers required by this 
    Subchapter to be issued by the Authority, the General Counsel, Regional 
    Directors, Hearing Officers, and Administrative Law Judges, shall be 
    served personally, by first-class mail, or by certified mail. Provided, 
    however: Where facsimile equipment is available, rulings on motions; 
    information pertaining to prehearing disclosure, conferences, orders, 
    or hearing dates, times, and locations; information pertaining to 
    Sec. 2429.7; and other similar matters may be served by facsimile 
    transmission.
    * * * * *
        (c) Proof of service. Proof of service shall be verified by 
    certificate of the individual serving the papers describing the manner 
    of such service. When service is by mail, the date of service shall be 
    the day when the matter served is deposited in the United States mail. 
    When service is by facsimile, the date of service shall be the date the 
    facsimile transmission is transmitted and, when necessary, verified by 
    a dated facsimile record of transmission.
        7. Section 2429.13 is revised to read as follows:
    
    
    Sec. 2429.13  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 
    practice charges and representation petitions and the participation in 
    hearings and representation elections, is deemed necessary by the 
    Authority, the General Counsel, any Administrative Law Judge, Regional 
    Director, Hearing Officer, or other agent of the Authority designated 
    by the Authority, the employee shall be granted official time for such 
    participation, including necessary travel time, as occurs during the 
    employee's regular work hours and when the employee would otherwise be 
    in a work or paid leave status.
        8. Section 2429.14 is revised to read as follows:
    
    
    Sec. 2429.14  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 the courts of the United States. However, any 
    witness who is employed by the Federal Government shall not be entitled 
    to receive witness fees.
        (b) Witness fees, as appropriate, as well as transportation and per 
    diem expenses for a witness shall be paid by the party that calls the 
    witness to testify.
        9. Section 2429.21 is amended by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 2429.21  Computation of time for filing papers.
    
    * * * * *
        (b) Except when filing an unfair labor practice charge pursuant to 
    part 2423 of this subchapter, a representation petition pursuant to 
    part 2422 of this subchapter, and a request for an extension of time 
    pursuant to Sec. 2429.23(a) of this part, when this Subchapter requires 
    the filing of any paper with the Authority, the General Counsel, a 
    Regional Director, or an Administrative Law Judge, the date of filing 
    shall be determined by the date of mailing indicated by the postmark 
    date or the date a facsimile is transmitted. If no postmark date is 
    evident on the mailing, it shall be presumed to have
    
    [[Page 28389]]
    
    been mailed 5 days prior to receipt. If the date of facsimile 
    transmission is unclear, the date of transmission shall be the date the 
    facsimile transmission is received. If the filing is by personal or 
    commercial delivery, it shall be considered filed on the date it is 
    received by the Authority or the officer or agent designated to receive 
    such materials.
    * * * * *
        10. Section 2429.22 is revised to read as follows:
    
    
    Sec. 2429.22  Additional time after service by mail or facsimile.
    
        Except as to the filing of an application for review of a Regional 
    Director's Decision and Order under Sec. 2422.31 of this subchapter, 
    whenever a party has the right or is required to do some act pursuant 
    to this Subchapter within a prescribed period after service of a notice 
    or other paper upon such party, and the notice or paper is served on 
    such party by mail or by facsimile transmission, 5 days shall be added 
    to the prescribed period: Provided, however, that 5 days shall not be 
    added in any instance where an extension of time has been granted.
        11. Section 2429.24 is amended by revising paragraph (e) to read as 
    follows:
    
    
    Sec. 2429.24  Place and method of filing; acknowledgment.
    
    * * * * *
        (e) All documents filed pursuant to this section shall be filed in 
    person, by commercial delivery, by first-class mail, or by certified 
    mail. Provided, however, that where facsimile equipment is available, 
    motions; information pertaining to prehearing disclosure, conferences, 
    orders, or hearing dates, times, and locations; information pertaining 
    to Sec. 2429.7; and other similar matters may be filed by facsimile 
    transmission, provided that the document filed does not exceed 5 pages 
    in total length.
    * * * * *
        12. Section 2429.25 is revised to read as follows:
    
    
    Sec. 2429.25  Number of copies and paper size.
    
        Unless otherwise provided by the Authority or the General Counsel, 
    or their designated representatives, as appropriate, or under this 
    Subchapter, and with the exception of any prescribed forms, any 
    document or paper filed with the Authority, General Counsel, 
    Administrative Law Judge, Regional Director, or Hearing Officer, as 
    appropriate, under this Subchapter, together with any enclosure filed 
    therewith, shall be submitted on 8\1/2\  x  11 inch size paper in an 
    original and four (4) legible copies. Where facsimile filing is 
    permitted pursuant to Sec. 2924.24(e), one (1) legible copy, capable of 
    reproduction, shall be sufficient. A clean copy capable of being used 
    as an original for purposes such as further reproduction may be 
    substituted for the original.
        13. Section 2429.27 is amended by revising paragraphs (b) and (d) 
    to read as follows:
    
    
    Sec. 2429.27  Service; statement of service.
    
    * * * * *
        (b) Service of any document or paper under this Subchapter, by any 
    party, including documents and papers served by one party on another, 
    shall be accomplished by certified mail, first-class mail, or in 
    person. Where facsimile equipment is available, service by facsimile of 
    documents described in Sec. 2429.24(e) is permissible.
    * * * * *
        (d) The date of service or date served shall be the day when the 
    matter served is deposited in the U.S. mail, delivered in person, or, 
    in the case of facsimile transmissions, the date of transmission.
    
        Dated: May 20, 1997.
    Solly Thomas,
    Executive Director, Federal Labor Relations Authority.
    [FR Doc. 97-13661 Filed 5-22-97; 8:45 am]
    BILLING CODE 6727-01-P
    
    
    

Document Information

Published:
05/23/1997
Department:
Federal Labor Relations Authority
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking; notice of meeting.
Document Number:
97-13661
Dates:
Comments must be received on or before June 30, 1997. Meetings will be held at 10:00 a.m. on June 12, 1997, in Chicago, Illinois, and at 10:00 a.m. on June 18, 1997, in Washington, D.C.
Pages:
28378-28389 (12 pages)
PDF File:
97-13661.pdf
CFR: (49)
5 CFR 2423.25(a)
5 CFR 2423.31(c)
5 CFR 2423.12(c)
5 CFR 2423.10(c)
5 CFR 2429.22
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