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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. 2412 National consultation rights and determination of formal recognition.

SUBCHAPTER C-FEDERAL SERVICES IMPASSES PANEL 2470 General. 2471 Procedures of the Panel.

SUBCHAPTER A GENERAL PROVISIONS ? PART 2400ORGANIZATION 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.

8 2400.2 Executive Director. SOURCE: The provisions of this Part 2400

The Executive Director is the chief appear at 35 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

$ 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.

PART 2401—AVAILABILITY OF

OFFICIAL INFORMATION Sec. 2401.1 Place where information may be

obtained. 2401.2 Time for obtaining information. 2401.3 Identification of information re

quested. 2401.4 Information available for public in

spection and copying. 2401.5 Information exempt from public

disclosure. 2401.6 Index of material available to public. 2401.7 Service charges for information. 2401.8 Compliance with subpoenas.

AUTHORITY: The provisions of this part 2401 issued under 5 U.S.C. 552; E.O. 11491, 34 F.R. 17605, 3 CFR 191, 1969 Comp.

SOURCE: The provisions of this Part 2401 appear at 36 F.R. 1189, Jan. 26, 1971, unless otherwise noted. $ 2401.1 Place where information may

be obtained. (a) Federal Labor Relations Council. Requests for information, including materials available for public inspection and copying, should be submitted to the Executive Director of the Federal Labor Relations Council, 1900 E Street NW., Washington, DC 20415.

(b) Federal Service Impasses Panel. Requests for information, including materials available for public inspection and copying, should be submitted to the Executive Secretary of the Federal Service Impasses Panel, 1900 E Street NW., Washington, DC 20415. $ 2401.2 Time for obtaining informa

tion. A request for information under this part may be made in writing or orally during business hours on a regular business day. When information to be furnished is not readily available, the employee responsible for obtaining the information shall make it available within a reasonable time. $ 2401.3 Identification of information

requested. A request for information under this part shall provide a reasonably specific description of the information sought so that it may be located without undue search or inquiry. Information that is not identified by a reasonably specific description is not an identifiable record, and the request for that information may be declined.

§ 2401.4 Information available for pub

lic inspection and copying. (a) Federal Labor Relations Council. (1) The Executive Director shall make available for public inspection and copying final decisions and orders of the Federal Labor Relations Council, statements of policy and interpretations which have been adopted by the Council and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect a member of the public. To the extent required to prevent a clearly unwarranted invasion of personal privacy, identifying details may be deleted and, in each case, the justification for the deletion shall be fully explained in writing.

(2) The Executive Director shall also make promptly available for public inspection and copying, upon request by any person, other identifiable records of the Council.

(b) Federal Service Impasses Panel. (1) The Executive Secretary shall make available for public inspection and copying authorizations and directions by the Federal Service Impasses Panel of third-party factfinding and arbitration, final decisions and orders of the Panel, statements of policy and interpretations which have been adopted by the Panel and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect a member of the public. To the extent required to prevent a clearly unwarranted invasion of personal privacy, identifying details may be deleted and, in each case, the justification for the deletion shall be fully explained in writing.

(2) The Executive Secretary shall also make promptly available for public inspection and copying, upon request by any person, other identifiable records of the Panel. 8 2401.5 Information exempt from pub

lic disclosure. The Council or the Panel may decline to disclose any matters exempted from the disclosure requirements in 5 U.S.C. 552(b), particularly those that are: (a) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy; (b) related solely to internal personnel rules and practices of the Council or the Panel; (c) specifically exempted from disclosure by statute; (d) trade secrets and commercial 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 o cial 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. SOURCE: The provisions of this part 2410

appear at 36 F.R. 315, Jan. 9, 1971, unless TIONS OF THE ORDER AND STATE

otherwise noted. MENTS ON MAJOR POLICY ISSUES

2410.1 Definitions. Sec. 2410.1 Definitions.

(a) “Order” means Executive Order 2410.2 Scope.

11491 of October 29, 1969, entitled 2410.3 Procedures.

"Labor-Management Relations in the 2410.4 Issuance and publication.

Federal Service." AUTHORITY: The provisions of this part (b) Terms defined in the order are : 2410 issued under 5 U.S.C. 3301, 7301; E.O. used in this part with the meaning at11491, 34 F.D. 17605, 3 CFR Comp., p. 191.

tached 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 a

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.

§ 2411.12 Petition for review.

Order, if the agency head or his designee Subject to the requirements of this

has not made a decision

(1) Within 45 days after a party to part (a) The Council shall grant a petition

the negotiations initiates referral of the for review of a decision of an agency

issue for decision, in writing, through head under conditions prescribed in sec

prescribed agency channels; or tion 11(c) (4) of the order;

(2) Within 15 days after receipt by (b) The Council shall grant a petition

the agency head or his designee of a writfor review of an award of an arbitrator

ten request for such decision following

referral through prescribed agency chanon grounds similar to those applied by the courts in private sector labor-man

nels, or following direct submission if

no agency channels are prescribed. agement relations; or

(b) The time limit for filing an opposi(c) A petition for review of a decision of the Assistant Secretary under section

tion to a petition for review is 15 days 6 of the order is not a matter of right,

from the date of service of the petition but of discretion, and will be granted

for review.

(c) The time limit for filing briefs is 15 only where there are major policy issues present or where it appears that the de

days from the date of service by the

Council of notice to the parties, as procision was arbitrary and capricious.

vided in § 2411.16(c), that the petition 8 2411.13 Filing a petition for review; is accepted for review. service.

(d) The Executive Director may ex(a) There shall be no interlocutory

tend any time limit provided in this part, appeals. Any party aggrieved by a final for good cause shown, and shall notify decision or award referred to in § 2411.11 all parties of any such extension. may petition the Council for review. The

(e) In computing any period of time Council shall review a petition from an

prescribed or allowed by this part, the agency or labor organization only when

day of the act, event, or default from or the head of the agency (or his designee),

after which the designated period of time or the national president of the labor or

begins to run shall not be included; but ganization (or his designee), or the the last day of the period so computed president of a labor organization not af

shall be included, unless it is a Saturfiliated with a national organization (or

day, Sunday, or Federal legal holiday, in his designee), has approved submission

which event the period shall run until of the petition.

the end of the next day which is not a (b) A petition for review shall be in

Saturday, Sunday, or Federal legal holiwriting and shall be filed with the Ex day. Also, when a period of time preecutive Director, Federal Labor Relations scribed or allowed is 7 days or less, inCouncil, 1900 E Street NW., Washington, termittent Saturdays, Sundays, and FedD.C. 20415.

eral legal holidays shall be excluded in (c) Any party filing a document as the computation. provided in this part is responsible for (f) Whenever a party has the right or serving a copy on the other parties. Also, is required to do some act pursuant to when a petition is filed for review of a

this part within a prescribed period after decision by the Assistant Secretary, a

service of a notice or other paper upon copy of the petition as well as any op

him and the notice or paper is served on position to the petition shall be served

him by mail, 3 days shall be added to on the Assistant Secretary. Statement of

the prescribed period: Provided, howservice shall be submitted at the time

ever, That 3 days shall not be added if of filing.

any extension of time may have been § 2411.14 Time limits for filing papers.

(a) The time limit for filing a petition (g) When a time limit for filing is esfor review is 20 days from the date the tablished under this part, the document decision or award was served on the must be received in the office of the party seeking review. However, review Council before the close of business of may be requested by a labor organization the last day of the time limit. without a prior decision on a negotiability 35 F.R. 15065, Sept. 29, 1970, as amended at issue subject to section 11(c)(4) of the 36 F.R. 5205, Mar. 18, 1971)

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