FLRA  

[ Home ]   [ Decisions ]    [ Search ]   [ Site Map ]


OFFICE OF ADMINISTRATIVE LAW JUDGES

      In the Office of Administrative Law Judges (ALJ), Judges are appointed by the Authority under section 7105(d) of the Statute. The Judges perform a variety of functions related primarily to conducting hearings and rendering recommended decisions in cases involving alleged unfair labor practices. In addition, the Judges render decisions involving applications for attorney fees filed under the Back Pay Act and the Equal Access to Justice Act and take other actions as directed by the Authority.

      The Office of Administrative Law Judges is staffed with five Judges, a Director of the Settlement Judge Program (ADR), and a support staff.

      Inquiries concerning the Office of Administrative Law Judges, including the Settlement Judge Program should be directed to:

Eli Nash
Chief Administrative Law Judge
Federal Labor Relations Authority
Office of Administrative Law Judges
1400 K St. NW.
Washington, D.C. 20424
(202) 218-7950
FAX: (202) 482-6629

 

      Part 2423, Subparts B, C and D of the Authority's Regulations, should be consulted for authoritative guidance on processing cases before an Administrative Law Judge. Those processes are described briefly here.

Pre-hearing procedures

      After an Unfair Labor Practice complaint and notice of hearing is issued by a Regional Director, and an answer to the complaint is filed, a Judge conducts a pre-hearing conference. The conference is held at least 7 days prior to the hearing date. The conference is designed to: discuss, narrow and resolve issues raised in the complaint and the answer to the complaint; enter into settlement discussions; address outstanding motions; agree to stipulations of fact; and discuss subpoena requests. All parties are required to participate in the pre-hearing conference.

Stipulated Records and Motions for Summary Judgment

      When all parties to a case agree that no material issue of fact exists, the parties may jointly submit a motion to the Judge or to the Authority to consider the case based on a stipulation of fact. When submitted to the Judge, the Judge may grant the motion and decide the case through stipulation. In certain circumstances, the Authority may grant the motion and decide the case. In either event, no hearing is held.

      Any party can move for summary judgment if the party can demonstrate that there is no genuine issue of material fact and that the party is entitled to a judgment as a matter of law. Motions must be filed at least 10 days prior to the start of the hearing. If all issues are decided by summary judgment, no hearing is held and the Judge prepares a written decision.

Hearing and Post-hearing Procedures

      Hearings are conducted in a fair, impartial and judicial manner and in accordance with the Administrative Procedures Act. All parties are afforded due process of law, which includes the right to appear in person or by counsel, to examine and cross-examine witnesses and to introduce evidence. The General Counsel has the burden of proving the allegations of the complaint by a preponderance of the evidence. The Respondent has the burden of proving any affirmative defenses that it raises. Settlement discussions are encouraged and may be held even after the opening of the hearing.

Issuance of a Recommended Decision

      At the discretion of the Judge, and on joint motion of the parties, the Judge may issue a bench decision at the close of a hearing. In so doing, the parties waive their right to file a post-hearing brief. Written material, including excerpts from the transcript, together with any supplementary material the Judge deems necessary to complete the decision, is transmitted to the Authority and furnished to the parties. In all other cases, the Judge prepares a written decision. The decision sets forth: the statement of the issues; relevant findings of fact; conclusions of law, and reasons therefor; credibility determinations if necessary; and a recommended disposition or order. The Judge's decision is transmitted to the Authority and served on the parties.

Exceptions to a Judge's Decision

      A party wishing to file exceptions to a Judge's decision must do so within 25 days after the date of service of the decision and in conformance with Part 2429 of the Authority's Regulations. The Authority may, on review of the exceptions, affirm, modify or reverse in whole or in part decisions of the Judges. Decisions of the Authority may be appealed to an appropriate appellate court on a petition for judicial review under section 7123 of the Statute. The Office of Solicitor represents the FLRA and defends the decisions in court. If no exceptions are filed to a Judge's decision, the decision is adopted by the Authority and, without precedential significance, becomes final and binding on the parties.

Settlement Judge Program (ADR)

      The voluntary unfair labor practice settlement program was established in the Office of Administrative Law Judges in mid-1995. This voluntary settlement program, described in section 2423.25(d) of the Authority's Regulations, may be initiated by any of the parties to a pending ULP case in which a complaint has been issued by the General Counsel and a hearing date before a Judge has been set. If all parties to the proceeding agree, a conference at a mutually agreeable date and time is set by the Settlement Judge -- usually prior to the pre-hearing conference -- and the parties discuss possible resolutions of the dispute without resort to litigation. The process is confidential in that nothing discussed at the conference is disclosed to the Judge designated to preside at the hearing if settlement efforts are unsuccessful. The program has achieved wide success, with more than 800 ULP complaints referred through the settlement process. Successful settlements were reached in well over 80 percent of those cases.


[ Home ]   [ Decisions ]    [ Search ]   [ Site Map ]