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FEDERAL LABOR RELATIONS AUTHORITY STATUTORY TRAINING PROGRAM

FEDERAL LABOR RELATIONS AUTHORITY STATUTORY TRAINING PROGRAM. FLRA and the Filing of ULPs Jean M. Perata Deputy Regional Director FLRA, S.F. Region jperata@flra.gov ; 415.356.5000, ext. 2012. FEDERAL LABOR RELATIONS AUTHORITY. Authority. Federal Services Impasses Panel. Office of General

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FEDERAL LABOR RELATIONS AUTHORITY STATUTORY TRAINING PROGRAM

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  1. FEDERAL LABOR RELATIONS AUTHORITYSTATUTORY TRAINING PROGRAM FLRA and the Filing of ULPs Jean M. Perata Deputy Regional Director FLRA, S.F. Region jperata@flra.gov; 415.356.5000, ext. 2012

  2. FEDERAL LABOR RELATIONS AUTHORITY Authority Federal Services Impasses Panel Office of General Counsel 3 Member Panel General Counsel appointed by President 7 Part-time Presidential appointees All appointed by the President Regions: Boston, D.C., Atlanta Denver, Chicago, Dallas, S.F. Office of Administrative Law Judges

  3. OFFICE OF THE GENERAL COUNSEL • Investigates unfair labor practice charges. • Prosecutes unfair labor practice complaints • ULP cases are heard by Administrative Law Judges of the FLRA. • Investigates and decides representation petitions on behalf of the Authority. • Provides training on the Statute.

  4. AUTHORITY • Reviews decisions of Administrative Law Judges in unfair labor practice cases when exceptions are filed. • Decides appeals of decisions of regional directors in representation cases. • Rules on exceptions to decisions of arbitrators’ awards. • Resolves negotiability disputes.

  5. FEDERAL SERVICE IMPASSES PANEL (FSIP) • Resolves bargaining IMPASSES between agencies and unions when voluntary arrangements, including the services of the Federal Mediation and Conciliation Service (FMCS) are unsuccessful.

  6. WHO MAY FILE A ULP? • Any person (individual, labor organization, or agency) may file. 5 U.S.C. § 7103(a)(1) and 5 C.F.R. § 2423.3(a). • Charges may be filed against agencies or activities (CA). • FLRA Form 22 • Charges may be filed against labor organizations (CO). • FLRA Form 23

  7. TIMELINESS • 5 U.S.C. § 7118(a)(4)(A) -General rule • No complaint shall be issued on any unfair labor practice which occurred more than 6 months before the filing of the charge. U.S. Dep’t of Labor, 20 FLRA 296 (1985) • Arbitration award – when it is reasonable to conclude that there has not been compliance. Internal Revenue Serv., 61 FLRA 146 (2005)

  8. EXCEPTION TO RULE • If the charging party was prevented from filing the charge by: • A failure of a party to perform a duty owed, or concealment, which prevented discovery, • Charging party may file within six months of learning of alleged violation. • 5 U.S.C. § 7118(a)(4)(B)

  9. 5 U.S.C. § 7116(d) BAR • Appeal bar – • Issues which can be raised properly under an appeals procedure may not be raised as a ULP. • MSPB administers an appeals procedure – • Suspension of more than 14 days to removal SBA & Wildberger, 51 FLRA 13(1995)

  10. 5 U.S.C. § 7116(d) BAR • Grievance bar • Where an issue may be raised as either a grievance or a ULP, it cannot be raised in both. • Bar exists if factual predicates and aggrieved party and legal theory are the same. OLAM, S.W. Air Def. Sector, 51 FLRA 797 (1996); U.S. Dep’t of Labor, Wash., D.C., 59 FLRA 112 (2003)

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