[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: 5CFR2423.8]

[Page 390-391]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
 
   Subpart A--Filing, Investigating, Resolving, and Acting on Charges
 
Sec. 2423.8  Investigation of charges.

    (a) Investigation. The Regional Director, on behalf of the General 
Counsel, conducts such investigation of the charge as the Regional 
Director deems necessary. During the course of the investigation, all 
parties involved are afforded an opportunity to present their evidence 
and views to the Regional Director.
    (b) Cooperation. The purposes and policies of the Federal Service 
Labor-Management Relations Statute can best be achieved by the full 
cooperation of all parties involved and the timely submission of all 
potentially relevant information from all potential sources during the 
course of the investigation. All persons shall cooperate fully with the 
Regional Director in the investigation of charges. Cooperation includes 
any of the following actions, when deemed appropriate by the Regional 
Director:
    (1) Making union officials, employees, and agency supervisors and 
managers available to give sworn/affirmed testimony regarding matters 
under investigation;
    (2) Producing documentary evidence pertinent to the matters under 
investigation; and
    (3) Providing statements of position on the matters under 
investigation.
    (c) Investigatory subpoenas. If a person fails to cooperate with the 
Regional Director in the investigation of a charge, the General Counsel, 
upon recommendation of a Regional Director, may decide in appropriate 
circumstances to issue a subpoena under 5 U.S.C. 7132 for the attendance 
and testimony of witnesses and the production of documentary or other 
evidence. However, no subpoena 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.
    (1) A subpoena shall be served by any individual who is at least 18 
years old and who is not a party to the proceeding. The individual who 
served the subpoena must certify that he or she did so:
    (i) By delivering it to the witness in person;
    (ii) By registered or certified mail; or
    (iii) By delivering the subpoena to a responsible individual (named 
in the document certifying the delivery) at the residence or place of 
business (as

[[Page 391]]

appropriate) of the person for whom the subpoena was intended. The 
subpoena shall show on its face the name and address of the Regional 
Director and the General Counsel.
    (2) Any person served with a subpoena who does not intend to comply 
shall, within 5 days after the date of service of the subpoena upon such 
person, petition in writing to revoke the subpoena. A copy of any 
petition to revoke a subpoena shall be served on the General Counsel.
    (3) The General Counsel shall revoke the subpoena if the witness or 
evidence, the production of which is required, is not material and 
relevant to the matters under investigation or in question in the 
proceedings, or the subpoena does not describe with sufficient 
particularity the evidence the production of which is required, or if 
for any other reason sufficient in law the subpoena is invalid. The 
General Counsel shall state the procedural or other grounds for the 
ruling on the petition to revoke. The petition to revoke, and any ruling 
on the petition to revoke, shall become part of the official record if 
there is a hearing under subpart C of this part.
    (4) Upon the failure of any person to comply with a subpoena issued 
by the General Counsel, the General Counsel shall determine whether to 
institute proceedings in the appropriate district court for the 
enforcement of the subpoena. Enforcement shall not be sought if to do so 
would be inconsistent with law, including the Federal Service Labor-
Management Relations Statute.
    (d) Confidentiality. It is the General Counsel's policy to protect 
the identity of individuals who submit statements and information during 
the investigation, and to protect against the disclosure of documents 
obtained during the investigation, as a means of ensuring the General 
Counsel's continuing ability to obtain all relevant information. After 
issuance of a complaint and in preparation for a hearing, however, 
identification of witnesses, a synopsis of their expected testimony and 
documents proposed to be offered into evidence at the hearing may be 
disclosed as required by the prehearing disclosure requirements in 
Sec. 2423.23.