Unfair Labor Practice Case Processing in the Absence of a General Counsel - Questions and Answers

FOR IMMEDIATE RELEASE
March 3, 2008

Unfair Labor Practice Case Processing
in the Absence of a General Counsel
- Questions and Answers - -

Question: Will the FLRA's regional offices continue to accept unfair labor practice charges during the time the FLRA does not have a General Counsel?

Answer: Yes, the FLRA's regional offices will continue to accept unfair labor practice charges during the time the FLRA lacks a General Counsel.

When an unfair labor practice charge is filed, the appropriate regional office will continue the regular practice of conducting an investigation to determine whether a complaint should be issued, or whether the charge should be dismissed because it lacks merit.

Question: If an investigation confirms that a charge has merit, will an unfair labor practice complaint be issued?

Answer: Not immediately. Unfair labor practice complaints may only be issued when the FLRA has a General Counsel. Similarly, settlement activities by the Office of the General Counsel, which follow a determination to issue a complaint, must also await the appointment of a new General Counsel. It remains the policy of the Office of the General Counsel to encourage parties to meet and resolve unfair labor practice disputes prior to and even after the filing of unfair labor practice charges. The parties to such disputes are always free to resolve their disputes on their own or with the assistance of a third party.

Question: If a Regional Director determines that a charge lacks merit and will be dismissed, can that determination be appealed?

Answer: Yes, such determinations can be appealed. Any appeal from a determination by a Regional Director to dismiss a charge must continue to be filed according the procedures and within the time limits provided in the FLRA's regulations. However, resolution of such appeals must await the appointment of a new General Counsel.

Question: If an unfair labor practice complaint has already been issued, will the Office of the General Counsel continue to prosecute that complaint in proceedings before the FLRA's Administrative Law Judges or otherwise?

Answer: Yes, in cases where the determination has been made to issue an unfair labor practice complaint, the Office of the General Counsel will prosecute that complaint consistent with the procedures set forth in the FLRA's regulations. This includes litigating the complaint before an FLRA Administrative Law Judge and the Authority. Such activities could also include engaging in settlement efforts as described in the FLRA's regulations. Parties involved in litigation related to a previously issued complaint must continue to follow FLRA regulations with respect to the filing of answers, motions, exceptions, and other pleadings or related matters.

Question: Who should be contacted with other questions about unfair labor practice ca