[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: 5CFR2473.1]
[Page 439-444]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2473--SUBPOENAS--Table of Contents
Sec. 2473.1 Subpenas.
(a) Any member of the Panel, the Executive Director, or other person
designated by the Panel, may issue subpenas requiring the attendance and
testimony of witnesses and the production of documentary or other
evidence. However, no subpena shall be issued under this section which
requires the disclosure of intramanagement guidance, advice, counsel, or
training within an agency or between an agency and the Office of
Personnel Management.
(b) Where the parties are in agreement that the appearance of
witnesses or the production of documents is necessary, and such
witnesses agree to appear, no such subpena need be sought.
(c) A request for a subpena by any person, as defined in 5 U.S.C.
7103(a)(1), shall be in writing and filed with the Executive Director,
not less than fifteen (15) days prior to the opening of a hearing, or
with the appropriate presiding official(s) during the hearing.
(d) All requests shall name and identify the witnesses or documents
sought, and state the reasons therefor. The Panel, Executive Director,
or any other person designated by the Panel, as appropriate, shall grant
the request upon the determination that the testimony or documents
appear to be necessary to the matters under consideration and the
request describes with sufficient particularity the documents sought.
Service of an approved subpena is the responsibility of the party on
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whose behalf the subpena was issued. The subpena shall show on its face
the name and address of the party on whose behalf the subpena was
issued.
(e) Any person served with a subpena who does not intend to comply
shall within five (5) days after the date of service of the subpena upon
such person, petition in writing to revoke the subpena. A copy of any
petition to revoke a subpena shall be served on the party on whose
behalf the subpena was issued. Such petition to revoke, if made prior to
the hearing, and a written statement of service, shall be filed with the
Executive Director. A petition to revoke a subpena filed during the
hearing, and a written statement of service shall be filed with the
appropriate presiding official(s). The Executive Director, or the
appropriate presiding official(s) will, as a matter of course, cause a
copy of the petition to revoke to be served on the party on whose behalf
the subpena was issued, but shall not be deemed to assume responsibility
for such service. The Panel, Executive Director, or any other person
designated by the Panel, as appropriate, shall revoke the subpena if the
evidence the production of which is required does not relate to any
matter under consideration in the proceedings, or the subpena does not
describe with sufficient particularity the evidence the production of
which is required, or if for any other reason sufficient in law the
subpena is invalid. The Panel, Executive Director, or any other person
designated by the Panel, as appropriate, shall make a simple statement
of procedural or other ground for the ruling on the petition to revoke.
The petition to revoke, any answer thereto, and any ruling thereon shall
not become part of the official record except upon the request of the
party aggrieved by the ruling.
(f) Upon the failure of any person to comply with a subpena issued,
and upon the request of the party on whose behalf the subpena was
issued, the Solicitor of the FLRA shall, on behalf of such party,
institute proceedings in the appropriate district court for the
enforcement thereof, unless to do so would be inconsistent with law and
the policies of the Federal Service Labor-Management Relations Statute.
The Solicitor of the FLRA shall not be deemed thereby to have assumed
responsibility for the effective prosecution of the same before the
court thereafter.
(g) All papers submitted to the Executive Director under this
section shall be filed in duplicate, along with a statement of service
showing that a copy has been served on the other party to the dispute.
(h)(1) Witnesses (whether appearing voluntarily or under a subpena)
shall be paid the fee and mileage allowances which are paid subpenaed
witnesses in the courts of the United States: Provided, that any witness
who is employed by the Federal Government shall not be entitled to
receive witness fees in addition to compensation received in conjunction
with official time granted for such participation, including necessary
travel time, as occurs during the employee's regular work hours and when
the employee would otherwise be in a work or paid leave status.
(2) Witness fees and mileage allowances shall be paid by the party
at whose instance the witnesses appear except when the witness receives
compensation in conjunction with official time as described in paragraph
(h)(1) of this section.
[61 FR 41296, Aug. 8, 1996]
[Revised as of January 1, 1999]
Appendix A to 5 CFR Chapter XIV--Current Addresses and Geographic
Jurisdictions
(a) The Office address, telephone and fax numbers of the Authority
are: 607 14th Street, NW., Washington, DC 20424-0001; telephone: FTS or
Commercial (202) 482-6540; fax: FTS or Commercial (202) 482-6635.
(b) The Office address, telephone and fax numbers of the General
Counsel are: 607 14th Street, NW., Washington, DC 20424-0001; telephone:
FTS or Commercial (202) 482-6600; fax: FTS Commercial (202) 482-6608.
(c) The Office address, telephone and fax numbers of the Chief
Administrative Law Judge are: 607 14th Street, NW., Washington, DC
20424-0001; telephone: FTS or Commercial (202) 482-6630; fax: FTS or
Commercial (202) 482-6635.
(d) The Office addresses, telephone and fax numbers of the Regional
Offices of the Authority are as follows:
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(1) Boston, Massachusetts Regional Office-99 Summer Street, suite
1500, Boston, Massachusetts 02110-1200; telephone: FTS or commercial
(617) 424-5730; fax: FTS or commercial (617) 424-5743.
(2) Washington, DC Regional Office--Tech World Plaza, 800 K Street,
NW., Suite 910, Washington, DC 20001-1206; telephone: FTS or commercial
(202) 482-6700; fax: FTS or commercial (202) 482-6724.
(3) Atlanta, Georgia Regional Office--285 Peachtree Center Avenue,
suite 701, Atlanta, Georgia 30303-1270; telephone: FTS or commercial
(404) 331-5300; fax: FTS or commercial (404) 331-5280.
(4) Chicago, Illinois Regional Office--55 West Monroe, suite 1150,
Chicago, Illinois 60603-9729; telephone: FTS or commercial (312) 353-
6306; fax: FTS or commercial (312) 886-5977.
(5) Dallas, Texas Regional Office--525 Griffin Street, suite 926,
LB-107, Dallas, Texas 75202-1906; telephone: FTS or commercial (214)
767-4996; fax: FTS or commercial (214) 767-0156.
(6) Denver, Colorado Regional Office--1244 Speer Boulevard, suite
100, Denver, Colorado 80204-3581; telephone: FTS or commercial (303)
844-5224; fax: FTS or commercial (303) 844-2774.
(7) San Francisco, California Regional Office--901 Market Street,
suite 220, San Francisco, California 94103-1791; telephone: FTS or
commercial (415) 356-5000; fax: FTS or commercial (415) 356-5017.
(e) The Office address and telephone number of the Federal Service
Impasses Panel are: 607 14th Street NW., Washington, DC 20424-0001;
telephone: FTS or Commercial (202) 482-6670.
(f) The geographic jurisdictions of the Regional Directors of the
Federal Labor Relations Authority are as follows:
------------------------------------------------------------------------
State or other locality Regional office
------------------------------------------------------------------------
Alabama................................... Atlanta
Alaska.................................... San Francisco
Arizona................................... Denver
Arkansas.................................. Dallas
California................................ San Francisco
Colorado.................................. Denver
Connecticut............................... Boston
Delaware.................................. Washington, DC
District of Columbia...................... Washington, DC
Florida................................... Atlanta
Georgia................................... Atlanta
Hawaii and all land and water areas west San Francisco
of the continents of North and South
America (except coastal islands) to long.
90 degrees East.
Idaho..................................... San Francisco
Illinois.................................. Chicago
Indiana................................... Chicago
Iowa...................................... Chicago
Kansas.................................... Denver
Kentucky.................................. Chicago
Louisiana................................. Dallas
Maine..................................... Boston
Maryland.................................. Washington, DC
Massachusetts............................. Boston
Michigan.................................. Chicago
Minnesota................................. Chicago
Mississippi............................... Atlanta
Missouri.................................. Denver
Montana................................... Denver
Nebraska.................................. Denver
Nevada.................................... San Francisco
New Hampshire............................. Boston
New Jersey................................ Boston
New Mexico................................ Dallas
New York.................................. Boston
North Carolina............................ Washington, DC
North Dakota.............................. Chicago
Ohio...................................... Chicago
Oklahoma.................................. Dallas
Oregon.................................... San Francisco
Pennsylvania.............................. Boston
Puerto Rico............................... Boston
Rhode Island.............................. Boston
South Carolina............................ Atlanta
South Dakota.............................. Denver
Tennessee................................. Chicago
Texas..................................... Dallas
Utah...................................... Denver
Vermont................................... Boston
Virginia.................................. Washington, DC
Washington................................ San Francisco
West Virginia............................. Washington, DC
Wisconsin................................. Chicago
Wyoming................................... Denver
Virgin Islands............................ Atlanta
Panama/limited FLRA jurisdiction.......... Dallas
All land and water areas east of the Washington, DC
continents of North and South America to
long. 90 degrees E., except the Virgin
Islands, Panama (limited FLRA
jurisdiction), Puerto Rico and coastal
islands.
------------------------------------------------------------------------
(5 U.S.C. 7134)
[55, FR 52831, Dec. 24, 1990, as amended at 58 FR 13695, Mar. 15, 1993;
59 FR 30504, June 14, 1994; 60 FR 49493, Sept. 26, 1995; 61 FR 1697,
Jan. 23, 1996; 61 FR 51207, Oct. 1, 1996; 63 FR 70989, Dec. 23, 1998; 63
FR 72350, Dec. 31, 1998]
Appendix B to 5 CFR Chapter XIV--Memorandum Describing the Authority and
Assigned Responsibilities of the General Counsel of the Federal Labor
Relations Authority
The statutory authority and responsibility of the General Counsel of
the Federal Labor Relations Authority are stated in section 7104(f),
subsections (1), (2) and (3), of the Federal Service Labor-Management
Relations Statute as follows:
(1) The General Counsel of the Authority shall be appointed by the
President, by and with the advice and consent of the Senate, for a term
of 5 years. The General Counsel may be removed at any time by the
President. The General Counsel shall hold no other office or position in
the Government of the United States except as provided by law.
(2) The General Counsel may--
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(A) investigate alleged unfair labor practices under this chapter,
(B) file and prosecute complaints under this chapter, and
(C) exercise such other powers of the Authority as the Authority may
prescribe.
(3) The General Counsel shall have direct authority over, and
responsibility for, all employees in the office of the General Counsel,
including employees of the General Counsel in the regional offices of
the Authority.
This memorandum is intended to describe the statutory authority and set
forth the prescribed duties and authority of the General Counsel of the
Federal Labor Relations Authority, effective January 28, 1980.
I. Case handling--A. Unfair labor practice cases. The General
Counsel has full and final authority and responsibility, on behalf of
the Authority, to accept and investigate charges filed, to enter into
and approve the informal settlement of charges, to approve withdrawal
requests, to dismiss charges, to determine matters concerning the
consolidation and severance of cases before the complaint issues, to
issue complaints and notices of hearing, to appear before Administrative
Law Judges in hearings on complaints and prosecute as provided in the
Authority's and the General Counsel's rules and regulations, and to
initiate and prosecute injunction proceedings as provided for in section
7123(d) of the Statute. After issuance of the Administrative Law Judge's
decision, the General Counsel may file exceptions and briefs and appear
before the Authority in oral argument, subject to the Authority's and
the General Counsel's rules and regulations.
B. Compliance actions (injunction proceedings). The General Counsel
is authorized and responsible, on behalf of the Authority, to seek and
effect compliance with the Authority's orders and make such compliance
reports to the Authority as it may from time to time require.
On behalf of the Authority, the General Counsel will, in full accordance
with the directions of the Authority, initiate and prosecute injunction
proceedings as provided in section 7123(d) of the Statute: Provided
however, That the General Counsel will initiate and conduct injunction
proceedings under section 7123(d) of the Statute only upon approval of
the Authority.
C. Representation cases. The statutory authority of the Federal
Labor Relations Authority to delegate to Regional Directors its
authority to process and determine representation matters is set forth
in section 7105 (e)(1) and (f) of the Statute as follows:
(e)(1) The Authority may delegate to any regional director its
authority under this chapter--
(A) to determine whether a group of employees is an appropriate
unit;
(B) to conduct investigations and to provide for hearings;
(C) to determine whether a question of representation exists and to
direct an election; and
(D) to supervise or conduct secret ballot elections and certify the
results thereof.
(f) If the Authority delegates any authority to any regional
director . . . to take any action pursuant to subsection (e) of this
section, the Authority may, upon application by any interested person
filed within 60 days after the date of the action, review such action,
but the review shall not, unless specifically ordered by the Authority,
operate as a stay of action. The Authority may affirm, modify, or
reverse any action reviewed under this subsection. If the Authority does
not undertake to grant review of the action under this subsection within
60 days after the later of--
(1) the date of the action, or
(2) the date of the filing of any application under this subsection
for review of the action;
the action shall become the action of the Authority at the end of such
60 day period.
In accordance with section 7105 (e)(1) and (f) of the Statute,
Regional Directors, who are directed and supervised by the General
Counsel as provided by section III of this memorandum, are hereby
delegated the authority to determine whether a group of employees is an
appropriate unit, to conduct investigations and to provide for hearings,
to determine whether a question of representation exists and to direct
an election, and to supervise or conduct secret ballot elections and
certify the results thereof.
Regional Directors are authorized and have responsibility to receive
and process, in accordance with decisions of the Authority and the rules
and regulations of the Authority and the General Counsel, all petitions
filed pursuant to sections 7111, 7112(d), 7113, 7115 and 7117(d) of the
Statute.
The authority and responsibility of Regional Directors in cases
filed involving such petitions shall extend to all phases of the
investigation of such petitions through the conclusion of the hearing to
be conducted by a Regional Office employee (if a hearing should be
necessary to resolve disputed issues), including decisional action by
the Regional Director after such investigation or hearing.
Regional Directors also are authorized and have responsibility to
direct an election after a hearing pursuant to sections 7111 and 7112(d)
of the Statute and to approve consent election agreements in accordance
with section 7111(g) of the Statute.
In the event a Regional Director directs an election or approves a
consent election
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agreement, the Regional Director is authorized to supervise or conduct
the election pursuant to section 7111 and 7112(d) of the Statute. In
such instances, Regional Directors are authorized and have
responsibility to determine the validity of determinative challenges and
objections to the conduct of the election and other similar matters.
This authority and responsibility extends to all phases of the
investigation such determinative challenges and objections through the
conclusion of a hearing to be conducted by a Regional Office employee
(if a hearing should be necessary to resolve disputed issues), including
decisional action by the Regional Director after such investigation or
hearing.
Decisions and Orders of Regional Directors made pursuant to this
delegation of authority become the action of the Authority:
(1) If no interested person files an application for review of the
Regional Director's Decision and Order with the Authority within sixty
(60) days after the Regional Director's Decision and Order; or
(2) If the Authority does not undertake to grant review of the
Regional Director's Decision and Order within sixty (60) days after the
filing of a timely application for review;
If no interested person files an application for review of the
Regional Director's Decision and Order with the Authority within (60)
days after the Regional Director's Decision and Order, or if the
Authority does not undertake to grant review of the action of the
regional Director's Decision and Order within sixty (60) days after the
filing of a timely application for review, the Regional Director's
Decision and Order will become final and binding, and the Regional
Director will certify to the parties the results of any election held or
issue any clarification of unit, amendment of recognition or
certification, determination of eligibility for dues allotment, or
certification on consolidation of units as required.
The Authority will undertake to grant review of a Decision and Order
of a Regional Director upon the timely filing of an application for
review only where compelling reasons exist therefor as set forth in the
rules and regulations.
The Authority's granting of review upon the timely filing of an
application for review of a Regional Director's Decision and Order will
not operate as a stay of such action ordered by the Regional Director,
unless specifically ordered by the Authority. If the Authority grants
review, the Authority may affirm, modify or reverse action reviewed.
II. Liaison with other governmental agencies. The General Counsel is
authorized and has responsibility, on behalf of the Authority, to
maintain appropriate and adequate liaison and arrangements with the
Office of the Assistant Secretary of Labor for Labor-Management
Relations with reference to the financial and other reports required to
be filed with the Assistant Secretary pursuant to section 7120(c) of the
Statute and the availability to the Authority and the General Counsel of
the contents thereof. The General Counsel is authorized and has
responsibility, on behalf of the Authority, to maintain appropriate and
adequate liaison with the Federal Mediation and Conciliation Service
with respect to functions which may be performed by the Federal
Mediation and Conciliation Service.
III. Personnel. Under 5 U.S.C. 7105(d), the Authority is authorized
to appoint Regional Directors. In order better to ensure the effective
exercise of the duties and responsibilities of the General Counsel
described above, the General Counsel is delegated authority to recommend
the appointment, transfer, demotion or discharge of any Regional
Director. However, such actions may be taken only with the approval of
the Authority. In the event of a vacant Regional Director position, the
General Counsel may, without the approval of the Authority, detail
personnel as acting Regional Director for a total period of up to 120
days commencing on the day the position becomes vacant. If the position
remains vacant for more than 120 days, a detail must be approved by the
Authority. Other details of personnel to act as Regional Director during
periods when there is an incumbent in the position shall be accomplished
by the General Counsel without the approval of the Authority. The
General Counsel shall have authority to direct and supervise the
Regional Directors. Under 5 U.S.C. 7104(f)(3), the General Counsel shall
have direct authority over, and responsibility for all employees in the
Office of the General Counsel and all personnel of the General Counsel
in the field offices of the Authority. This includes full and final
authority subject to applicable laws and rules, regulations and
procedures of the Office of Personnel Management and the Authority over
the selection, retention, transfer, promotion, demotion, discipline,
discharge and in all other respects of such personnel except the detail
in the event of a vacancy for a period in excess of 120 days,
appointment, transfer, demotion or discharge of any Regional Director.
Further, the establishment, transfer, or elimination of any Regional
Office or non-Regional Office duty location may be accomplished only
with the approval of the Authority. The Authority will provide such
administrative support functions, including personnel management,
financial management and procurement functions, through the Office of
Administration of the Authority as are required by the General Counsel
to carry out the General Counsel's statutory and prescribed functions.
IV. To the extent that the above-described duties, powers and
authority rest by statute with the Authority, the foregoing statement
constitutes a prescription and assignment of
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such duties, powers and authority, whether or not so specified.
[45 FR 3523, Jan. 17, 1980, as amended at 48 FR 28814, June 23, 1983; 61
FR 16043, Apr. 11, 1996]
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