(a) Deciding questions relating to the eligibility of organizations for recognition under the order; (b) Supervising elections to determine whether an organization is the choice of a majority of the eligible voters in a foreign affairs agency as their exclusive representative, and certifying the results; (c) Effectuating the provisions of the order relating to standards of conduct required for organizations; (d) Deciding complaints of alleged unfair practices, and alleged violations of the standards of conduct for organizations; (e) Deciding questions of whether an obligation to consult exists under section 8 of the order with respect to particular issues. Subpart B-Meanings of Terms as § 801.10 Order. "Order" means Executive Order 11636, entitled "Employee Management Relations in the Foreign Service of the United States." § 801.11 Employee, management official, confidential employee, foreign affairs agency, organization, Board, Secretary, Commission. "Employee," "management officials." "confidential employee," "foreign affairs "Certification" means the determination by the Commission, of the results of an election held under the order and the regulations in this chapter. § 801.22 Secret ballot. "Secret ballot" means the expression by ballot, voting machine or otherwise, but in no event by proxy of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed, except in that instance in which any determinative challenged ballot is opened or where a unanimous ballot discloses the intent of all voters. § 801.23 Showing of interest. "Showing of interest" means eligible employees" signed and dated authorization cards or petitions authorizing an organization to represent them for purposes of exclusive recognition; eligible employees' executed allotment of dues forms; current certification; employees' signed and dated petitions or cards indicating that they no longer desire to be represented for the purposes of exclusive recognition by the currently certified organization or other evidence approved by the Commission. Sec. "Chief Hearing Examiner" means the Chief Hearing Examiner, Department of Labor, Washington, D.C. 20210. 802.1 802.2 § 801.19 Party. "Party" means any person, employee, group of employees, organization, or foreign affairs agency: (a) Filing a complaint, petition, request, or application; (b) named in a complaint, petition, request or application; or (c) whose intervention in a proceeding has been permitted or directed by the Commission, Director, Hearing Officer, Chief Hearing Examiner, or Hearing Examiner, as the case may be. § 801.20 Intervenor. "Intervenor" means a party in a proceeding whose intervention has been per PART 802-REPRESENTATION PROCEEDINGS Who may file petitions. Contents of petition; filing and serv ice of petition; challenges to petition. Timeliness of petition. Effect of certification. Investigation and notice of petition. Intervention. 802.3 802.4 802.5 802.6 802.7 Withdrawal, dismissal, or deferral of petitions; consolidation of cases; SOURCE: 37 F.R. 7594, Apr. 18, 1972. § 802.1 Who may file petitions. (a) A petition for exclusive recognition may be filed by an organization requesting an election to determine whether it should be recognized as the exclusive representative of eligible employees of a foreign affairs agency or should replace another organization as the exclusive representative of such employees. (b) A petition for an election to determine if an organization should cease to be the exclusive representative because it does not represent a majority of eligible employees of a foreign affairs agency may be filed by a foreign affairs agency or by any employee(s) or any individual acting on their behalf. § 802.2 Contents of petition, filing and service of petition; challenges to petition. (a) Petition for exclusive recognition. A petition by an organization for exclusive recognition shall contain the following; (1) The name of the foreign affairs agency, its address, and the person to contact, title, and telephone number, if known. (2) Name, address, and telephone number of the certified representative, if any, and the date of its certification, if known to the petitioner; (3) Names, addresses, and telephone numbers of any other interested organizations, if known to the petitioner; (4) Name and affiliation, if any, of the petitioner and its address and telephone number; (5) A statement that the petitioner has submitted to the Commission a current roster of its officers and representatives, a copy of its constitution and bylaws and a statement of its objectives; (6) A declaration by the person signing the petition, under the penalties of the Criminal Code (18 U.S.C. 1001) that 84-074-73- -31 its contents are true and correct to the best of his knowledge and belief; (7) The signature of the petitioner's representative, including title and telephone number; (8) The petition shall be accompanied by a showing of interest of not less than twenty-five (25) percent of the eligible employees of a foreign affairs agency and an alphabetical list of names constituting such showing; (9) A statement that the petitioner is in full compliance with the requirements of the order and the regulations under this chapter. (b) Petition for an election to determine if an organization should cease to be the exclusive representative. (1) A petition by a foreign affairs agency shall contain the information set forth in paragraph (a) of this section, except paragraph (a) (5), (8), and (9) of this section, and a statement that the foreign affairs agency has a good faith doubt that the currently certified organization represents a majority of its eligible employees. Such a statement must contain a detailed explanation of the reasons supporting the good faith doubt; (2) A petition by employees or an individual acting on behalf of employees shall contain the information set forth in paragraph (a) of this section, except paragraph (a) (5), (8); and (9) of this section, and it shall be accompanied by a showing of interest of not less than twenty-five (25) percent of the employees indicating that the employees of the foreign affairs agency no longer desire to be represented for the purpose of exclusive recognition by the currently certified organization and an alphabetical list of names constituting such showing. (c) Filing and service of petition and copies. (1) An original and four copies of a petition shall be filed with the Commission. (2) The petitioner shall supply with its petition two (2) copies of a statement of any other relevant facts and of all correspondence relating to the question concerning representation. (3) Simultaneously with the filing of a petition, copies of the petition together with the attachments referred to in subparagraph (2) of this paragraph shall be served by the petitioner on all known interested parties, and a written statement of such services shall be filed with the Commission. The showing of interest submitted with the petition shall not be furnished to the foreign affairs agency or to any of the organizations listed in the petition. (d) Adequacy and validity of showing of interest. The Commission shall determine the adequacy of the showing of interest administratively, and such decision shall be final and not subject to collateral attack at a representation hearing. Any party challenging the validity of showing of interest of the petitioner or of an intervenor must fle its challenge with the Commission, with respect to the petitioner, within fifteen (15) days after the initial date of posting and dispatch of the notice of petition as provided in § 802.5(b) and with respect to any intervenor, within fifteen (15) days of service of a copy of the request for intervention, and support the challenge with evidence including signed statements of employees and any other written evidence. The Commission shall investigate the challenge and take such action as it deems appropriate. (e) Challenge to status of an organization. Any party challenging the status of an organization under the order must file its challenge with the Commission and support the challenge with evidence. With respect to the petitioner, such a challenge must be filed within fifteen (15) days after the initial date of posting and dispatch of the notice of petition as provided in § 802.5(b) and with respect to an intervenor within fifteen (15) days of service of a copy of the request for intervention. The Commission shall investigate the challenge and take such action as it deems appropriate. § 802.3 Timeliness of petition. (a) When there is no certified exclusive representative of the eligible employees, a petition will be considered timely filed provided the petition is not for a foreign affairs agency in which a valid election has been held within the preceding twelve (12) month period. (b) A petition for exclusive recognition or other election petition will not be considered timely if filed within two (2) years after a valid certification has come into effect unless unusual circumstances exist which will substantially affect the voting unit or the majority representation. (c) A petitioner who withdraws a petition after the opening of a hearing, or after the approval of an agreement for a consent election, shall be barred from filing another petition for six (6) months. § 802.4 Effect of certification. When a secret ballot election has resulted in the certification of an exclusive representative for the eligible employees in a foreign affairs agency, such certification shall remain valid for a period of not less than two (2) years, unless such certification is earlier revoked for proper cause by the Commission. After the expiration of two (2) years following the effective date of a certification, such certification shall remain in effect until (a) successfully challenged by a timely petition and election, or (b) revoked for proper cause by the Commission. § 802.5 Investigation and notice of petition. (a) Upon the filing of a petition the Commission shall make such investigation as it deems necessary. (b) Upon the request of the Commission, after the filing of a petition, the foreign affairs agency shall post at its headquarters copies of a notice to all employees in places where notices are normally posted affecting the employees of the agency. In addition, the foreign affairs agency shall, simultaneously with the date of posting, dispatch telegraphic notice of the petition to Foreign Service posts abroad. Such telegraphic notice shall be brought promptly to the attention of the agency's employees at such posts. (c) Such notice shall set forth: (1) The name of the petitioner and (2) a statement that all interested parties are to advise the Commission in writing of their interest within fifteen (15) days from the date of initial posting and dispatch of such notice. (d) The posted notice shall remain posted for a period of fifteen (15) days. The notice shall be posted conspicuously and shall not be covered by other material, altered, or defaced. (e) The foreign affairs agency shall furnish the Commission and all known interested parties with the following: (1) Name, address, and telephone number of any organization known to represent the employees; (2) a copy of all correspondence relevant to the petition; (3) a copy of a current certification, if any, covering the employees of the foreign affairs agency; (4) a current alphabetized list of eligible employees, their rank and positions of assignment; and (5) a separate, current alphabetized list of management officials and confidential employees, their rank and positions of assignment. (f) Within fifteen (15) days following the receipt of a copy of the petition, unless an extension of time has been granted by the Commission, the foreign affairs agency may file a response thereto with the Commission raising any matter which is relevant to the petition. A copy of such response, if any, shall be served simultaneously on the parties and a statement of such service shall be filed with the Commission. (g) The Commission shall take appropriate measures which, among other things, may consist of one of the following: (1) The approval of a withdrawal request; (2) the dismissal of the petition; (3) direction of an election; or (4) the issuance of a notice of hearing. § 802.6 Intervention. (a) Subject to the provisions of paragraph (b) of this section and § 802.7(b), an organization will be permitted to intervene as a matter of right in any proceeding pursuant to this part if it has submitted a showing of interest of five (5) percent or more of the eligible employees of the foreign affairs agency together with an alphabetical list of names constituting such showing or has submitted evidence of a current certification as exclusive representative of the eligible employees of a foreign affairs agency. (b) No organization may participate in any representation proceeding unless it has notified the Commission in writing, accompanied by its showing of interest or by evidence of a current certification, as specified in paragraph (a) of this section of its desire to intervene within fifteen (15) days after the initial posting and dispatch of the notice of petition as provided in § 802.5 (b) unless good cause is shown for extending the period. Simultaneously with the filing of a request for intervention, copies of such request, excluding the showing of interest, shall be served on all known interested parties, and a written statement of such service shall be filed with the Commission. (c) Any organization intervening must supply a statement to the Commission that it is in full compliance with the order and these regulations and that it has submitted to the foreign affairs agency a current roster of its officers and representatives, a copy of its constitution and bylaws and a statement of its objectives. (d) Intervention by any party which does not meet the requirements of this section shall be at the discretion of the Commission. § 802.7 Withdrawal, dismissal, or deferral of petitions; consolidation of cases; denial of intervention. (a) If the Commission determines after an investigation that the petition has not been filed timely, the petitioner has not made a sufficient showing of interest, the petition is not otherwise actionable, or an intervention is not appropriate, it may request the petitioner or intervenor to withdraw the petition or the intervention or, in the absence of such withdrawal within a reasonable period of time, it may dismiss the petition or deny the request for intervention. (b) If the Commission determines, after investigation, that a valid issue has been raised by a challenge under § 802.2 (d) or (e), it may take such action as it deems appropriate including a request to the petitioner to withdraw the petition, dismissal of the petition, denial of the request for intervention, deferral of action upon the petition or request for intervention until such time as those issues have been resolved pursuant to this part, or consolidation of such issues with the representation matter for resolution of all issues. (c) If the Commission dismisses the petition or denies the request for intervention, it shall furnish the petitioner or the party requesting intervention with a written statement of the grounds for the dismissal or the denial, sending a copy of such statement to the foreign affairs agency, and to any other parties as appropriate. § 802.8 Agreement for consent election. (a) Subsequent to the filing of a petition and after expiration of the fifteen (15) day posting period of the notice of petition as provided in § 802.5(d), the foreign affairs agency, petitioner and any intervenors who have complied with the requirements set forth in § 802.6, and paragraph (d) of this section may agree that a secret ballot election shall be conducted and such agreement in a form approved by the Commission, shall be filed with the Commission. Any qualified intervenor who refuses to sign an agreement for a consent election may express his objections to the agreement in writing to the Commission. The Commission, after careful consideration of the agree |