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§ 2411.15 Copies.
Unless otherwise provided by the Executive Director, any document filed with the Council under this part shall be submitted in an original and three copies. § 2411.16 Content of petition; review of
petition; notification of parties. (a) A petition for review must be a self-contained document enabling the Council to rule on acceptance for review on the basis of its contents without the necessity of recourse to the record. The petition must contain a summary of the evidence or rulings bearing on the issues, together with summary
of the argument.
(b) The Council shall review the petition and, if 50 percent or more of its members determines that the matter should be considered, the petition for review will be accepted.
(c) The Council shall promptly notify the parties whether or not a petition has been accepted or rejected. § 2411.17 Stay of decision or award.
The filing of a petition for review shall not operate as a stay of the decision or award involved in the proceedings unless the Council shall direct otherwise. § 2411.18 Record; Assistant Secretary
a party; review of decision or award; amicus curiae. (a) As provided in § 2411.14(c), within 15 days from the date of service by the Council of notice to the parties that the petition is accepted for review, the parties may file briefs with the Council (with specific references to the pertinent documents and, where applicable, with citations of authorities) which shall be served on the other parties. Also, where the Council grants review of a decision of the Assistant Secretary, the Assistant Secretary may, at his discretion, intervene and become a party to that proceeding.
(b) Upon request by the Council, the Assistant Secretary or the appropriate agency shall transfer the record in the case to the Council.
(c) Consistent with the scope of review set forth in paragraph (d) of this section, the Council will not consider any evidence offered by a party, or any issue, which was not presented in the proceed
ings before the Assistant Secretary, anagency head, or an arbitrator. The Council may, however, take judicial noticeof such matters as would be proper.
(d) A decision of the Assistant Secretary shall be sustained unless it is arbitrary and capricious or inconsistent with the purposes of the order. An award of an arbitrator shall be sustained on grounds similar to those applied by the courts in private sector labor-management relations. A decision of an agency head under section 11(c) of the order shall be sustained, unless improper under the conditions prescribed in section. 11(c) (4) of the order.
(e) The Council, upon petition of an. interested person and as it deems appropriate, may grant permission for the filing of a brief and oral argument, by an amicus curiae, and the parties shall be notified of such action by the Council. 2411.19 Oral argument.
The Council, in its discretion, may permit oral argument under such circumstances and conditions as it deems appropriate. Unless otherwise ordered, a. hearing of oral argument shall be open to the public. § 2411.20 Council decision; compli
ance actions. (a) The Council shall issue its decision sustaining, enforcing, modifying, and enforcing as so modified, setting aside in whole or in part, or remanding the decision or award. Copies of the decision shall be furnished to the parties and other interested persons and made available at the office of the Council.
(b) The Council has the overall responsibility to assure compliance with the Executive order and decisions rendered thereunder. However, in cases involving decisions of the Assistant Secretary, the Council shall first remand the action to the Assistant Secretary for purposes of compliance consistent with its decision; without limitation on the power of the Council, if the Assistant. Secretary finds the necessary action for compliance has not been taken, the matter shall revert to the Council for appropriate action. § 2411.21 Advisory opinions.
The Council shall not issue advisory opinions.
PART 2412-NATIONAL CONSULTA
TION RIGHTS AND TERMINATION OF FORMAL RECOGNITION
Subpart A-National Consultation Rights and
Termination of Formal Recognition at the Na
tional Level Sec. 2412.1 Definitions. 2412.2 Requesting; granting; criteria. 2412.3 Obligation to consult. 2412.4 Review; termination of national con
sultation rights. 2412.5 Requests; questions. 2412.6 Appeals. 2412.7 Termination of formal recognition at
the national level.
Subpart B-Termination of Formal Recognition
Other Than Formal Recognition at the National
Level 2412.8 Termination date.
AUTHORITY: The provisions of this part 2412 issued under 5 U.S.C. 552; E.O. 11491, 34 F.R. 17605, 3 CFR, 1969 Comp., p. 191.
SOURCE: The provisions of this Part 2412 appear at 36 F.R. 2909, Feb. 12, 1971, unless otherwise noted. Subpart A-National Consultation
Rights and Termination of Formal
Recognition at the National Level § 2412.1 Definitions.
In this part:
The terms agency, employee, labor organization and Assistant Secretary have the meanings set forth in section 2 of Executive Order 11491 of October 29, 1969, entitled “Labor-Management Relations in the Federal Service."
Employment means the total number of civilian personnel employed by an agency or the nonappropriated fund Federal instrumentalities under its jurisdiction but does not include foreign nationals.
Primary national subdivision of an agency means a first-level organizational segment which has functions national in scope that are implemented in field activities.
Substantive personnel policy means a standard or rule which (a) creates and defines rights of employees or labor organizations, including conditions relating to such rights; (b) sets a definite course or method of action to guide and determine procedures and decisions of subordinate organizational units on a
personnel or labor relations matter; and (c) is formulated within the discretionary authority of the issuing organization and is not merely a restatement of a course or method of action prescribed by higher authority.
Substantive change in personnel policy means a change in the established rights of employees or labor organizations or the conditions relating to such rights. § 2412.2 Requesting; granting; criteria.
(a) An agency shall accord national consultation rights, as provided in section 9 of Executive Order 11491, to a labor organization that:
(1) Requests national consultation rights at the agency level; and
(2) Holds exclusive recognition for either:
(i) 10 percent or more of the employment of the agency; or
(ii) 5,000 or more employees of the agency.
(b) An agency's primary national subdivision which has authority to formulate substantive personnel policy shall accord national consultation rights, as provided in section 9 of Executive Order 11491, to a labor organization that:
(1) Requests national consultation rights at the primary national subdivision level; and
(2) Holds exclusive recognition for either:
(i) 10 percent or more of the employment of the primary national subdivision; or
(ii) 5,000 or more employees of the primary national subdivision.
(c) In determining whether a labor organization meets the requirements as prescribed in paragraphs (a) (2) and (b) (2) of this section, the following will not be counted:
(1) At the agency level, employees represented by the labor organization under national exclusive recognition granted at the agency level.
(2) At the primary national subdivision level, employees represented by the labor organization under national exclusive recognition granted at the agency level or at that primary national subdivision level.
(d) An agency or a primary national subdivision of an agency shall not grant national consultation rights to any labor
organization that does not meet the criteria prescribed in paragraphs (a), (b), and (c) of this section; however, this does not preclude an agency or a primary national subdivision of an agency from appropriate dealings with other organizations, including labor organizations that do not qualify for national consultation rights, on matters affecting their members. [36 F.R. 2909, Feb. 12, 1971, as amended at 36 F.R. 23353, Dec. 9, 1971] § 2412.3 Obligation to consult.
(a) When a labor organization has been accorded national consultation rights, the agency or the primary national subdivision which has granted those rights shall, through appropriate officials, furnish designated representatives of the labor organization:
(1) Reasonable notice of proposed new substantive personnel policies and of proposed substantive changes in personnel policies which affect the employees it represents under exclusive recognition;
(2) Opportunity to comment on such proposals;
(3) Opportunity to suggest changes in personnel policies that are of interest to employees it represents under exclusive recognition and to have its suggestions receive careful consideration;
(4) Opportunity to confer in person upon request, at reasonable times, on personnel policy matters; and
(5) Opportunity to submit its views in writing on personnel policy matters at any time.
(b) An agency or a primary national subdivision of an agency is not required to consult with a labor organization on any matter on which it would not be required to meet and confer if the organization were entitled to exclusive recognition.
(c) National consultation rights do not include the right to negotiate.
(d) A labor organization which holds national consultation rights may exercise those rights in behalf of all the employees it represents under exclusive recognition in the agency or in the primary national subdivision which has granted those rights except:
(1) At the agency level, the labor organization may not exercise those rights in behalf of employees represented under national exclusive recognition granted at the agency level.
(2) At the primary national subdivision level, the labor organization may not exercise those rights in behalf of employees represented under national exclusive recognition granted at the agency level or at the primary national subdivision level. [36 F.R. 2909, Feb. 12, 1971, as amended at 36 F.R. 23353, Dec. 9, 1971) § 2412.4 Review; termination of
tional consultation rights. An agency or a primary national subdivision which has granted national consultation rights shall make a periodic review to determine if the labor organization continues to qualify for those rights. The agency or the primary national subdivision shall terminate national consultation rights when the labor organization ceases to meet the requirements in § 2412.2. $ 2412.5 Requests; questions.
Requests of labor organizations for national consultation rights shall be submitted to the headquarters of the agency or the agency's primary national subdivision, as appropriate. Questions concerning the eligibility of labor organizations for national consultation rights may be referred to the Assistant Secretary for decision as set forth in 29 CFR 202.2(d). § 2412.6 Appeals.
Appeals from decisions of the Assistant Secretary concerning the eligibility of labor organizations for national consultation rights may be taken to the Council as provided for in Part 2411 of this chapter. 8 2412.7 Termination of formal recog
nition at the national level. (a) In accordance with the provisions of section 8(b) (3) of Executive Order 11491, a grant of formal recognition to a labor organization at the national level shall terminate:
(1) In an agency:
(i) When that labor organization which holds national formal recognition is granted national consultation rights by that agency; or
(ii) On July 1, 1971, whichever is sooner.
(2) In a primary national subdivision:
(i) When that labor organization which holds national formal recognition in the primary national subdivision is for the duration of existing negotiated agreements in such exclusive units unless representatives of the agency and the labor organization have negotiated dues withholding arrangements for members in the exclusive units.
granted national consultation rights by that primary national subdivision; or
(ii) on July 1, 1971, whichever is sooner.
(b) When an agency and labor organization have an established dues withholding agreement on the basis of formal recognition at the national level, and the agreement would be terminated automatically as a result of the termination of formal recognition under this section, the national dues withholding agreement shall be maintained in effect insofar as it applies to members of the labor organization in units for which the organization holds exclusive recognition
Subpart B-Termination of Formal
Recognition Other Than Formal
Recognition at the National Level § 2412.8 Termination date.
Agencies shall terminate on July 1, 1971, all existing grants of formal recognition under Executive Order 10988.
SUBCHAPTER C-FEDERAL SERVICE IMPASSES PANEL ?
Subpart A-Purpose Sec. 2470.1 Purpose
Subpart BDefinitions 2470.2 Definitions
AUTHORITY: The provisions of Part 2470 issued under 5 U.S.C. 3301, 7301, E.O. 11491; 3 CFR, 1969 Comp., p. 191.
SOURCE: The provisions of this part 2470 appear at 85 F.R. 16310, Oct. 17, 1970, unless otherwise noted,
Subpart A-Purpose $ 2470.1 Purpose.
The regulations contained in this subchapter are intended to implement the provisions of sections 5 and 17 of Executive Order 11491 of October 29, 1969, entitled “Labor-Management Relations in the Federal Service”. They prescribe procedures and methods which the Federal Service Impasses Panel may utilize in the resolution of negotiation impasses when the parties negotiating a labor agreement have failed to reach a full settlement by mediation or other voluntary arrangements.
Subpart B-Definitions § 2470.2 Definitions.
The following definitions are used in this subchapter:
"Executive Secretary” means the Executive Secretary of the Panel.
"Factfinder(s)” means members or staff of the Panel, individuals designated by the Panel, or other persons selected jointly by the parties when so authorized or directed by the Panel.
"Impasse" means that point in the negotiation of a labor agreement at which the parties are unable to reach full agreement, notwithstanding their having made earnest efforts to reach agreement by direct negotiations and by the use of mediation or other voluntary arrangements for settlement.
"Panel” means the Federal Service Impasses Panel or a quorum thereof.
"Party" means the Federal agency, establishment or activity or the labor organization, as defined in sections 2 (a) and (e) of the order, participating in the negotiation of a labor agreement.
"Quorum” means three or more members of the Panel.
“Voluntary arrangements" means those methods adopted by the parties for the purpose of assisting them in their negotiation of a labor agreement, which includes utilization of (a) the services of the Federal Mediation and Conciliation Service; or (b) other third-party mediation assistance; or (c) joint factfinding committees without recommendations; or (d) referral to a higher authority within the agency and/or the labor organization; or (e) any other method which the parties deem appropriate except third-party factfinding with recommendations, or arbitration, unless said factfinding or arbitration is expressly authorized or directed by the Panel.
35 F.R. 16310, Oct. 17, 1970.
PART 2471-PROCEDURES OF THE
PANEL Sec. 2471.1 Who may initiate. 2471.2 What to file. 2471.3 Request form. 2471.4 Where to file. 2471.5 Copies and service. 2471.6 Initial procedures of the Panel. 2471.7 Use of voluntary factfinding with
recommendations, or arbitration. 2471.8 Factfinding determination by the
Panel; notice of hearing. 2471.9 Authority of factfinder(s). 2471.10 Availability of hearing transcript. 2471.11 Report of the factfinder(s) and ac
tion by the Panel. 2471.12 Duties of each party. 2471.13 Settlement action by the Panel. 2471.14 Inconsistent labor agreement pro
visions. AUTHORITY: The provisions of Part 2471 issued under 5 U.S.C. 3301, 7301, E.O. 11491; 3 CFR, 1969 Comp., p. 191.
SOURCE: The provisions of this Part 2471 appear at 35 F.R. 16310, Oct. 17, 1970, unless otherwise noted. § 2471.1 Who may initiate.
(a) When an impasse occurs during the course of labor agreement negotiations, either party, or the parties jointly, may request the Panel to consider the matter, by filing a request as hereinafter provided.
(b) The Panel may, upon the request of the Federal Mediation and Conciliation Service, undertake the consideration of an impasse when such mediation assistance has failed and neither party has requested the Panel's consideration.
(c) The Panel may, upon the request of the Executive Secretary, undertake the consideration of a matter which has reached impasse and where neither party has requested the Panel's consideration. § 2471.2 What to file.
A request to the Panel for consideration of an impasse must be in writing and include the following essential information:
(a) Identification of the parties and person(s)
authorized to initiate the request;
(b) Statement that an impasse has been reached;
(c) Statement of issue(s) at impasse and the position(s) of the initiating party or parties with respect to those issues; and
(d) The nature and extent of all voluntary arrangements utilized. § 2471.3 Request form.
FSIP Form 1 has been prepared for use by the parties in filing a request to the Panel for consideration of a negotiati impasse. Copies are available upon request to the Office of the Executive Secretary. § 2471.4 Where to file.
Requests to the Panel provided for in this part, and inquiries or correspondence on the status of impasses or other related matters, should be directed to the Executive Secretary, Federal Service Impasses Panel, 1900 E Street NW., Washington, D.C. 20415. § 2471.5 Copies and service.
Concurrently with the submission of a request for Panel consideration, a copy of such request shall be served by the party initiating the request on the other party to the dispute and on any third party which may have been utilized. When the Panel acts on its own motion, it will notify the parties to the dispute and any third party which may have been utilized. $ 2471.6 Initial procedures of the Panel.
(a) Upon receipt of a request for consideration of an impasse, the Panel will review the request and any responses thereto, consult with the parties and with the mediation facility utilized, if any, and then determine whether:
(1) The Panel has jurisdiction; or
(3) Negotiations should be resumed with mediation assistance; or
(4) Other voluntary arrangements should be utilized; or
(5) The Panel will process the request under the procedures set forth herein.
(b) Where any of the several subjects of an impasse is based on the negotiability of an issue, then such subject(s) shall be referred for handling to the procedures in section 11(c) of the order, and the balance of the dispute may be considered by the Panel.
(c) The parties will be promptly advised in writing of the Panel's determination.
3 Filed as a part of the original document.