FLRA NEWSFLRA NEWSThe FLRA is requesting comment on proposed revisions to its unfair labor practice (ULP) complaint regulations, published in the Federal Register on May 23. These revisions are intended to facilitate dispute resolution, clarify the issues to be adjudicated, provide more flexibility to the participants in the ULP process, simplify the filing and service requirements, and streamline ULP proceedings. In addition to written comments, which must be submitted to the agency by June 30, the FLRA will hold focus groups this month in Chicago and Washington, D.C. to receive comments about the proposed regulations.
"Our goals in revising these regulations are to maximize early and constructive resolution of ULP complaints, and make it easier for parties to understand and comply with our ULP procedures," said Chair Phyllis Segal. "New proposed provisions are aimed at encouraging settlement discussions and sharpening the issues that need to be litigated. In addition, the regulations have been reorganized to ensure the parties know what they need to do and when they need to do it."
To make the process easier for parties in ULP proceedings, the revisions strive for consistency, to the extent possible, with regulations issued by other agencies adjudicating disputes involving federal agencies and employees, such as the Merit Systems Protection Board and the Equal Employment Opportunity Commission. To encourage alternative dispute resolution, the proposed regulations incorporate the FLRA's successful ALJ settlement project begun two years ago, which has decreased last minute "courthouse steps" settlements, saving time and money for all parties. In addition, the new regulations would allow an ALJ to issue a bench decision if both parties agree, and specify the procedures for filing a summary judgment motion. The proposed regulations also allow for fax filing of most motions.
The first focus group will be held on June 12 in Chicago; anyone interested in attending should contact Peter Sutton at (312) 886-3465, extension 22. The second session will be held in Washington, D.C. on June 18; anyone wishing to attend should contact Edward Bachman at (202) 482-6540.