[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2422.31]

[Page 385-386]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2422--REPRESENTATION PROCEEDINGS--Table of Contents
 
Sec. 2422.31  Application for review of a Regional Director Decision and Order.

    (a) Filing an application for review. A party must file an 
application for review with the Authority within sixty (60) days of the 
Regional Director's Decision and Order. The sixty (60) day time limit 
provided for in 5 U.S.C. 7105(f) may not be extended or waived.
    (b) Contents. An application for review must be sufficient to enable 
the Authority to rule on the application

[[Page 386]]

without recourse to the record; however, the Authority may, in its 
discretion, examine the record in evaluating the application. An 
application must specify the matters and rulings to which exception(s) 
is taken, include a summary of evidence relating to any issue raised in 
the application, and make specific reference to page citations in the 
transcript if a hearing was held. An application may not raise any issue 
or rely on any facts not timely presented to the Hearing Officer or 
Regional Director.
    (c) Review. The Authority may grant an application for review only 
when the application demonstrates that review is warranted on one or 
more of the following grounds:
    (1) The decision raises an issue for which there is an absence of 
precedent;
    (2) Established law or policy warrants reconsideration; or,
    (3) There is a genuine issue over whether the Regional Director has:
    (i) Failed to apply established law;
    (ii) Committed a prejudicial procedural error;
    (iii) Committed a clear and prejudicial error concerning a 
substantial factual matter.
    (d) Opposition. A party may file with the Authority an opposition to 
an application for review within ten (10) days after the party is served 
with the application. A copy must be served on the Regional Director and 
all other parties and a statement of service must be filed with the 
Authority.
    (e) Regional Director Decision and Order becomes the Authority's 
action. A Decision and Order of a Regional Director becomes the action 
of the Authority when:
    (1) No application for review is filed with the Authority within 
sixty (60) days after the date of the Regional Director's Decision and 
Order; or
    (2) A timely application for review is filed with the Authority and 
the Authority does not undertake to grant review of the Regional 
Director's Decision and Order within sixty (60) days of the filing of 
the application; or
    (3) The Authority denies an application for review of the Regional 
Director's Decision and Order.
    (f) Authority grant of review and stay. The Authority may rule on 
the issue(s) in an application for review in its order granting the 
application for review. Neither filing nor granting an application for 
review shall stay any action ordered by the Regional Director unless 
specifically ordered by the Authority.
    (g) Briefs if review is granted. If the Authority does not rule on 
the issue(s) in the application for review in its order granting review, 
the Authority may, in its discretion, afford the parties an opportunity 
to file briefs. The briefs will be limited to the issue(s) referenced in 
the Authority's order granting review.