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CHAPTER XIV-FEDERAL LABOR RELATIONS COUNCIL AND FEDERAL SERVICE IMPASSES PANEL

SUBCHAPTER A-GENERAL PROVISIONS Part 2400 Organization. 2401 Availability of official information.

SUBCHAPTER B-FEDERAL LABOR RELATIONS COUNCIL

2410 Council interpretations of the order and statements on major policy issues. 2411 Review functions of the Council.

National consultation rights and determination of formal recognition.

SUBCHAPTER C-FEDERAL SERVICES IMPASSES PANEL

1

2470 General.
2471 Procedures of the Panel.

SUBCHAPTER A GENERAL PROVISIONS
PART 2400_ORGANIZATION prescribe regulations; review certain

types of decisions on appeal; consider Sec. 2400.1 Federal Labor Relations Council.

other matters it deems appropriate to 2400.2 Executive Director.

assure the effectuation of the purposes of 2400.3 Federal Service Impasses Panel.

the order; and, from time to time, report

and make recommendations to the AUTHORITY: The provisions of this part 2400 issued under 5 U.S.C. 3301, 7301, E.O.

President. 11491; 3 CFR, 1969 Comp., p. 191.

§ 2400.2 Executive Director. SOURCE: The provisions of this part 2400

The Executive Director is the chief appear at 85 F.R. 15065, Sept. 29, 1970, unless

administrative officer of the Council and otherwise noted.

performs such duties as assigned by the $ 2400.1 Federal Labor Relations Coun- Council.

cil. The Chairman of the Civil Service

8 2400.3 Federal Service Impasses Commission is Chairman of the Council;

Panel. the Secretary of Labor and the Director The Federal Service Impasses Panel of the Office of Management and Budget is an agency within the Council. It conare members. Additional officials of the sists of at least three members appointed executive branch may be designated as by the President, one of whom he desigmembers by the President. It is the nates as Chairman. The Panel may conresponsibility of the Council to adminis- sider negotiation impasses and may take ter and interpret Executive Order 11491 any action it considers necessary to settle of October 29, 1969, entitled “Labor- an impasse, as provided in section 17 of Management Relations in the Federal Executive Order 11491 and in accordance Service;' decide major policy issues; with such regulations as it may prescribe.

135 F.R. 15065, Sept. 29, 1970.

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PART 2401-AVAILABILITY OF § 2401.4 Information available for pubOFFICIAL INFORMATION

lic inspection and copying. Sec.

(a) Federal Labor Relations Council. 2401.1 Place where information may be

(1) The Executive Director shall make obtained.

available for public inspection and copy2401.2 Time for obtaining information. ing final decisions and orders of the Fed2401.3 Identification of information

eral Labor Relations Council, statements quested.

of policy and interpretations which have 2401.4 Information available for public in

been adopted by the Council and are spection and copying. 2401.5 Information exempt from public

not published in the FEDERAL REGISTER, disclosure.

and administrative staff manuals and in2401.6 Index of material available to public.

structions to staff that affect a member 2401.7 Service charges for information. of the public. To the extent required to 2401.8 Compliance with subpoenas.

prevent a clearly unwarranted invasion AUTHORITY: The provisions of this part

of personal privacy, identifying details 2401 issued under 5 U.S.C. 552; E.O. 11491,

may be deleted and, in each case, the 34 F.R. 17605, 3 CFR 191, 1969 Comp.

justification for the deletion shall be

fully explained in writing. SOURCE: The provisions of this part 2401 appear at 36 F.R. 1189, Jan. 26, 1971, unless

(2) The Executive Director shall also otherwise noted.

make promptly available for public in

spection and copying, upon request by $ 2401.1 Place where information may any person, other identifiable records be obtained.

of the Council. (a) Federal Labor Relations Council. (b) Federal Service Impasses Panel. Requests for information, including ma

(1) The Executive Secretary shall make terials available for public inspection and

available for public inspection and copycopying, should be submitted to the

ing authorizations and directions by the Executive Director of the Federal Labor

Federal Service Impasses Panel of Relations Council, 1900 E Street NW., third-party factfinding and arbitration, Washington, DC 20415.

final decisions and orders of the Panel, (b) Federal Service Impasses Panel.

statements of policy and interpretations Requests for information, including ma

which have been adopted by the Panel terials available for public inspection and

and are not published in the FEDERAL

REGISTER, and administrative staff mancopying, should be submitted to the Ex

uals and instructions to staff that affect ecutive Secretary of the Federal Service

a member of the public. To the extent Impasses Panel, 1900 E Street NW., required to prevent a clearly unwarWashington, DC 20415.

ranted invasion of personal privacy, § 2401.2 Time for obtaining informa

identifying details may be deleted and, in tion.

each case, the justification for the de

letion shall be fully explained in writing. A request for information under this

(2) The Executive Secretary shall also part may be made in writing or orally make promptly available for public induring business hours on a regular busi- spection and copying, upon request by ness day. When information to be fur- any person, other identifiable records of nished is not readily available, the em

the Panel. ployee responsible for obtaining the in

$ 2401.5 Information exempt from pubformation shall make it available within

lic disclosure. a reasonable time.

The Council or the Panel may decline $ 2401.3 Identification of information to disclose any matters exempted from requested.

the disclosure requirements in 5 U.S.C. A request for information under this 552(b), particularly those that are: (a) part shall provide a reasonably specific Specifically required by Executive order description of the information sought so to be kept secret in the interest of the that it may be located without undue national defense or foreign policy; (b) search or inquiry. Information that is related solely to internal personnel rules not identified by a reasonably specific and practices of the Council or the Panel; description is not an identifiable rec- (c) specifically exempted from disclosure ord, and the request for that information by statute; (d) trade secrets and commay be declined.

mercial or financial information obtained

from a person and privileged or confidential; (e) interagency and intra-agency memoranda or letters; (f) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or (g) investigatory files compiled for law enforcement purposes. § 2401.6 Index of material available to

public. The Executive Director shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to the materials of the Council and the Panel set forth in § 2401.4 (a) (1) and (b) (1). § 2401.7 Service charges for informa

tion. (a) A member of the public shall be furnished free of charge a reasonable quantity of information that has been printed or is otherwise available for free public consumption.

(b) A member of the public shall be furnished free of charge other information that is requested and is not exempted from disclosure when the information is available and can be furnished without cost or at nominal cost to the Council or the Panel.

(c) When a request for information not provided under paragraph (a) or (b) of this section is received, a copy of it shall be furnished at a fair and equitable fee if it is available to the public. In determining the fair and equitable fee under this paragraph, the Executive Director of the Federal Labor Relations Council shall ascertain all costs necessary to recover the full cost to the Government including, but not limited to, costs of employee services relating to research, reproduction, assembly, and authentica

tion. The fee will be based on these costs. The Executive Director shall not undertake to furnish copies of information under this paragraph until the fee for the information is paid, except when the fee cannot be determined in advance in which case an estimated fee shall be paid with appropriate adjustment at time of delivery. A fee shall be paid by check or money order payable to the U.S. Treasury. $ 2401.8 Compliance with subpoenas.

No member of the Council or the Panel, or other officer or employee of the Council or the Panel, shall produce or present any files, documents, reports, memoranda, or records of the Council or the Panel or testify in behalf of any party to any cause pending in any arbitration or in any court or before the Council or the Panel, or any other board, commission, or administrative agency of the United States, territory, or the District of Columbia with respect to any information, facts, or other matter to his knowledge in his official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the Council or the Panel, whether in answer to a subpoena, subpoena duces tecum, or otherwise, without the written consent of the Council or the Panel, as the case may be, Whenever any subpoena, the purpose for which is to adduce testimony or require the production of records as described above, shall have been served on any member or other officer or employee of the Council or the Panel, he will, unless otherwise expressly directed by the Council or the Panel, as the case may be, move pursuant to the applicable procedure to have such subpoena invalidated on the ground that the evidence sought is privileged against disclosure by this rule.

SUBCHAPTER B-FEDERAL LABOR RELATIONS COUNCIL

PART 2410_COUNCIL INTERPRETA

TIONS OF THE ORDER AND STATE-
MENTS ON MAJOR POLICY ISSUES

Sec.
2410.1 Definitions.
2410.2 Scope.
2410.3 Procedures.
2410.4 Issuance and publication.

AUTHORITY: The provisions of this part : 2410 issued under 5 U.S.C. 3301, 7301; E.O. 11491, 34 F.D. 17605, 3 CFR Comp., p. 191.

SOURCE: The provisions of this part 2410 appear at 36 F.R. 315, Jan. 9, 1971, unless otherwise noted. § 2410.1 Definitions.

(a) “Order" means Executive Order 11491 of October 29, 1969, entitled "Labor-Management Relations in the Federal Service."

(b) Terms defined in the order are used in this part with the meaning attached to them in the order.

§ 2410.2 Scope.

Pursuant to section 4(b) of the order, and consistent with § 2411.21 of these regulations, the Council will issue interpretations of the order and statements on major policy issues as it deems appropriate to assure the effectuation of the purposes of the order. The Council will issue such an interpretation or policy statement only where it deems the adjudicatory procedures provided would not be suitable. § 2410.3 Procedures.

When considering issuance of an interpretation or policy statement, the Council will obtain views from interested agencies and labor organizations, orally or in writing, as it deems necessary and appropriate. $ 2410.4 Issuance and publication.

Interpretations and statements on major policy issues provided under this part shall be published in the FEDERAL REGISTER. Copies shall be distributed to agencies and labor organizations and made available to other interested persons at the Office of the Council.

Subpart A-General Provisions § 2411.1 Definitions.

In this part

(a) “Order" or "the order" means Executive Order 11491 of October 29, 1969, entitled “Labor-Management Relations in the Federal Service."

(b) "Executive Director means the Executive Director of the Council.

(c) "Party" means any person, employee, labor organization, or agency that participated as a party

(1) In a matter that was decided by the Assistant Secretary under section 6 of the order; or

(2) In a matter that was decided by an agency head under section 11(c) of the order; or

(3) In a matter where the award of an arbitrator was issued under the order.

(d) Terms defined in the order are used in this part with the meaning attached to them in the order. § 2411.2 Coverage.

This part applies to employees, agencies, and labor organizations covered by the order. & 2411.3 Policy questions.

Notwithstanding the procedures set forth in subpart B of this part, the Assistant Secretary or the Panel may refer for review and decision or general ruling by the Council any case involving a major policy issue that arises in a proceeding before either of them. Any such referral shall be in writing and a copy of such referral shall be served on all parties to the proceeding. Before decision or general ruling, the Council shall obtain the views of the parties and other interested persons, orally or in writing, as it deems necessary and appropriate. Subpart B-Procedures for Council

Review $ 2411.11 Scope.

This subpart sets forth the procedures under which the Council will review decisions of the Assistant Secretary under section 6 of the order, decisions of agency heads as provided under section 11(c) (4) of the order, and awards of arbitrators under the order.

PART 2411_REVIEW FUNCTIONS

OF THE COUNCIL

Subpart A-General Provisions Sec. 2411.1 Definitions. 2411.2 Coverage. 2411.3 Policy questions.

Subpart B-Procedures for Council Review 2411.11 Scope. 2411.12 Petition for review. 2411.13 Filing a petition for review; service. 2411.14 Time limits for filing papers. 2411.15 Copies. 2411.16 Content of petition; review of peti

tion; notification of parties. 2411.17 Stay of decision or award. 2411.18 Record; Assistant Secretary as

party; review of decision or award;

amicus curiae. 2411.19 Oral argument. 2411.20 Council decision; compliance ac

tions. 2411.21 Advisory opinions.

AUTHORITY: The provisions of this part 2411 issued under 5 U.S.C. 3301, 7301, E.O. 11491; 3 CFR, 1969 Comp., p. 191.

SOURCE: The provisions of this Part 2411 appear at 35 F.R. 15065, Sept. 29, 1970, unless otherwise noted.

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§ 2411.12 Petition for review.

Subject to the requirements of this part

(a) The Council shall grant a petition for review of a decision of an agency head under conditions prescribed in section 11(c)(4) of the order;

(b) The Council shall grant a petition for review of an award of an arbitrator on grounds similar to those applied by the courts in private sector labor-management relations; or

(c) A petition for review of a decision of the Assistant Secretary under section 6 of the order is not a matter of right, but of discretion, and will be granted only where there are major policy issues present or where it appears that the decision was arbitrary and capricious. & 2411.13 Filing a petition for review;

service. (a) There shall be no interlocutory appeals. Any party aggrieved by a final decision or award referred to in § 2411.11 may petition the Council for review. The Council shall review a petition from an agency or labor organization only when the head of the agency (or his designee), or the national president of the labor organization (or his designee), or the president of a labor organization not affiliated with a national organization (or his designee), has approved submission of the petition.

(b) A petition for review shall be in writing and shall be filed with the Executive Director, Federal Labor Relations Council, 1900 E Street NW., Washington, D.C. 20415.

(c) Any party filing a document as provided in this part is responsible for serving a copy on the other parties. Also, when a petition is filed for review of a decision by the Assistant Secretary, a copy of the petition as well as any opposition to the petition shall be served on the Assistant Secretary. Statement of service shall be submitted at the time of filing. 8 2411.14 Time limits for filing papers.

(a) The time limit for filing a petition for review is 20 days from the date the decision or award was served on the party seeking review. However, review may be requested by a labor organization without a prior decision on a negotiability issue subject to section 11(c) (4) of the

Order, if the agency head or his designee has not made a decision

(1) Within 45 days after a party to the negotiations initiates referral of the issue for decision, in writing, through prescribed agency channels; or

(2) Within 15 days after receipt by the agency head or his designee of a written request for such decision following referral through prescribed agency channels, or following direct submission if no agency channels are prescribed.

(b) The time limit for filing an opposition to a petition for review is 15 days from the date of service of the petition for review.

(c) The time limit for filing briefs is 15 days from the date of service by the Council of notice to the parties, as provided in g 2411.16(c), that the petition is accepted for review.

(d) The Executive Director may extend any time limit provided in this part, for good cause shown, and shall notify all parties of any such extension.

(e) In computing any period of time prescribed or allowed by this part, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included; but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or Federal legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or Federal legal holiday. Also, when a period of time prescribed or allowed is 7 days or less, intermittent Saturdays, Sundays, and Federal legal holidays shall be excluded in the computation.

(f) Whenever a party has the right or is required to do some act pursuant to this part within a prescribed period after service of a notice or other paper upon him and the notice or paper is served on him by mail, 3 days shall be added to the prescribed period: Provided, however, That 3 days shall not be added if any extension of time may have been granted.

(g) When a time limit for filing is established under this part, the document must be received in the office of the Council before the close of business of the last day of the time limit. [35 F.R. 15065, Sept. 29, 1970, as amended at 36 F.R. 5205, Mar. 18, 1971]

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