Appendix B to 5 CFR Chapter XIV - Memorandum Describing the Authority and Assigned Responsibilities of the General Counsel of the Federal Labor Relations Authority
5:3.0.9.8.24.0.53.2.8 : Appendix B
Appendix B to 5 CFR Chapter XIV - Memorandum Describing the
Authority and Assigned Responsibilities of the General Counsel of
the Federal Labor Relations Authority
The statutory authority and responsibility of the General
Counsel of the Federal Labor Relations Authority are stated in
section 7104(f), subsections (1), (2) and (3), of the Federal
Service Labor-Management Relations Statute as follows:
(1) The General Counsel of the Authority shall be appointed by
the President, by and with the advice and consent of the Senate,
for a term of 5 years. The General Counsel may be removed at any
time by the President. The General Counsel shall hold no other
office or position in the Government of the United States except as
provided by law.
(2) The General Counsel may -
(A) investigate alleged unfair labor practices under this
chapter,
(B) file and prosecute complaints under this chapter, and
(C) exercise such other powers of the Authority as the Authority
may prescribe.
(3) The General Counsel shall have direct authority over, and
responsibility for, all employees in the office of the General
Counsel, including employees of the General Counsel in the regional
offices of the Authority.
This memorandum is intended to describe the statutory authority and
set forth the prescribed duties and authority of the General
Counsel of the Federal Labor Relations Authority, effective January
28, 1980.
I. Case handling - A. Unfair labor practice cases.
The General Counsel has full and final authority and
responsibility, on behalf of the Authority, to accept and
investigate charges filed, to enter into and approve the informal
settlement of charges, to approve withdrawal requests, to dismiss
charges, to determine matters concerning the consolidation and
severance of cases before the complaint issues, to issue complaints
and notices of hearing, to appear before Administrative Law Judges
in hearings on complaints and prosecute as provided in the
Authority's and the General Counsel's rules and regulations, and to
initiate and prosecute injunction proceedings as provided for in
section 7123(d) of the Statute. After issuance of the
Administrative Law Judge's decision, the General Counsel may file
exceptions and briefs and appear before the Authority in oral
argument, subject to the Authority's and the General Counsel's
rules and regulations.
B. Compliance actions (injunction proceedings). The
General Counsel is authorized and responsible, on behalf of the
Authority, to seek and effect compliance with the Authority's
orders and make such compliance reports to the Authority as it may
from time to time require.
On behalf of the Authority, the General Counsel will, in full
accordance with the directions of the Authority, initiate and
prosecute injunction proceedings as provided in section 7123(d) of
the Statute:
Provided however, That the General Counsel will
initiate and conduct injunction proceedings under section 7123(d)
of the Statute only upon approval of the Authority.
C. Representation cases. The statutory authority of the
Federal Labor Relations Authority to delegate to Regional Directors
its authority to process and determine representation matters is
set forth in section 7105 (e)(1) and (f) of the Statute as
follows:
(e)(1) The Authority may delegate to any regional director its
authority under this chapter -
(A) to determine whether a group of employees is an appropriate
unit;
(B) to conduct investigations and to provide for hearings;
(C) to determine whether a question of representation exists and
to direct an election; and
(D) to supervise or conduct secret ballot elections and certify
the results thereof.
(f) If the Authority delegates any authority to any regional
director . . . to take any action pursuant to subsection (e) of
this section, the Authority may, upon application by any interested
person filed within 60 days after the date of the action, review
such action, but the review shall not, unless specifically ordered
by the Authority, operate as a stay of action. The Authority may
affirm, modify, or reverse any action reviewed under this
subsection. If the Authority does not undertake to grant review of
the action under this subsection within 60 days after the later of
-
(1) the date of the action, or
(2) the date of the filing of any application under this
subsection for review of the action;
the action shall become the action of the Authority at the end of
such 60 day period.
In accordance with section 7105 (e)(1) and (f) of the Statute,
Regional Directors, who are directed and supervised by the General
Counsel as provided by section III of this memorandum, are hereby
delegated the authority to determine whether a group of employees
is an appropriate unit, to conduct investigations and to provide
for hearings, to determine whether a question of representation
exists and to direct an election, and to supervise or conduct
secret ballot elections and certify the results thereof.
Regional Directors are authorized and have responsibility to
receive and process, in accordance with decisions of the Authority
and the rules and regulations of the Authority and the General
Counsel, all petitions filed pursuant to sections 7111, 7112(d),
7113, 7115 and 7117(d) of the Statute.
The authority and responsibility of Regional Directors in cases
filed involving such petitions shall extend to all phases of the
investigation of such petitions through the conclusion of the
hearing to be conducted by a Regional Office employee (if a hearing
should be necessary to resolve disputed issues), including
decisional action by the Regional Director after such investigation
or hearing.
Regional Directors also are authorized and have responsibility
to direct an election after a hearing pursuant to sections 7111 and
7112(d) of the Statute and to approve consent election agreements
in accordance with section 7111(g) of the Statute.
In the event a Regional Director directs an election or approves
a consent election agreement, the Regional Director is authorized
to supervise or conduct the election pursuant to section 7111 and
7112(d) of the Statute. In such instances, Regional Directors are
authorized and have responsibility to determine the validity of
determinative challenges and objections to the conduct of the
election and other similar matters. This authority and
responsibility extends to all phases of the investigation such
determinative challenges and objections through the conclusion of a
hearing to be conducted by a Regional Office employee (if a hearing
should be necessary to resolve disputed issues), including
decisional action by the Regional Director after such investigation
or hearing.
Decisions and Orders of Regional Directors made pursuant to this
delegation of authority become the action of the Authority:
(1) If no interested person files an application for review of
the Regional Director's Decision and Order with the Authority
within sixty (60) days after the Regional Director's Decision and
Order; or
(2) If the Authority does not undertake to grant review of the
Regional Director's Decision and Order within sixty (60) days after
the filing of a timely application for review;
If no interested person files an application for review of the
Regional Director's Decision and Order with the Authority within
(60) days after the Regional Director's Decision and Order, or if
the Authority does not undertake to grant review of the action of
the regional Director's Decision and Order within sixty (60) days
after the filing of a timely application for review, the Regional
Director's Decision and Order will become final and binding, and
the Regional Director will certify to the parties the results of
any election held or issue any clarification of unit, amendment of
recognition or certification, determination of eligibility for dues
allotment, or certification on consolidation of units as
required.
The Authority will undertake to grant review of a Decision and
Order of a Regional Director upon the timely filing of an
application for review only where compelling reasons exist therefor
as set forth in the rules and regulations.
The Authority's granting of review upon the timely filing of an
application for review of a Regional Director's Decision and Order
will not operate as a stay of such action ordered by the Regional
Director, unless specifically ordered by the Authority. If the
Authority grants review, the Authority may affirm, modify or
reverse action reviewed.
II. Liaison with other governmental agencies. The General
Counsel is authorized and has responsibility, on behalf of the
Authority, to maintain appropriate and adequate liaison and
arrangements with the Office of the Assistant Secretary of Labor
for Labor-Management Relations with reference to the financial and
other reports required to be filed with the Assistant Secretary
pursuant to section 7120(c) of the Statute and the availability to
the Authority and the General Counsel of the contents thereof. The
General Counsel is authorized and has responsibility, on behalf of
the Authority, to maintain appropriate and adequate liaison with
the Federal Mediation and Conciliation Service with respect to
functions which may be performed by the Federal Mediation and
Conciliation Service.
III. Personnel. Under 5 U.S.C. 7105(d), the Authority is
authorized to appoint Regional Directors. In order better to ensure
the effective exercise of the duties and responsibilities of the
General Counsel described above, the General Counsel is delegated
authority to recommend the appointment, transfer, demotion or
discharge of any Regional Director. However, such actions may be
taken only with the approval of the Authority. In the event of a
vacant Regional Director position, the General Counsel may, without
the approval of the Authority, detail personnel as acting Regional
Director for a total period of up to 120 days commencing on the day
the position becomes vacant. If the position remains vacant for
more than 120 days, a detail must be approved by the Authority.
Other details of personnel to act as Regional Director during
periods when there is an incumbent in the position shall be
accomplished by the General Counsel without the approval of the
Authority. The General Counsel shall have authority to direct and
supervise the Regional Directors. Under 5 U.S.C. 7104(f)(3), the
General Counsel shall have direct authority over, and
responsibility for all employees in the Office of the General
Counsel and all personnel of the General Counsel in the field
offices of the Authority. This includes full and final authority
subject to applicable laws and rules, regulations and procedures of
the Office of Personnel Management and the Authority over the
selection, retention, transfer, promotion, demotion, discipline,
discharge and in all other respects of such personnel except the
detail in the event of a vacancy for a period in excess of 120
days, appointment, transfer, demotion or discharge of any Regional
Director. Further, the establishment, transfer, or elimination of
any Regional Office or non-Regional Office duty location may be
accomplished only with the approval of the Authority. The Authority
will provide such administrative support functions, including
personnel management, financial management and procurement
functions, through the Office of Administration of the Authority as
are required by the General Counsel to carry out the General
Counsel's statutory and prescribed functions.
IV. To the extent that the above-described duties, powers and
authority rest by statute with the Authority, the foregoing
statement constitutes a prescription and assignment of such duties,
powers and authority, whether or not so specified.
[45 FR 3523, Jan. 17, 1980, as amended at 48 FR 28814, June 23,
1983; 61 FR 16043, Apr. 11, 1996]