Authority Case Processing During the Time the Authority Has One Member -- Questions and Answers (7/17/08)
FOR IMMEDIATE RELEASE
July 17, 2008
Question: What is the current status of the Authority?
Answer: On July 14, 2008, Chairman Dale Cabaniss resigned as Chairman of the FLRA. Chairman Cabaniss had served nearly 11 years as a Member and, since 2001, the Chairman of the Authority. The Chairman’s departure leaves the Authority with one Member, Member Carol Waller Pope.
Question: Has the Authority ever had only one Member before?
Answer: Yes. The Authority had only one Member between November 1988 and September 1989. During this time, the Authority’s only Member was Chairman Jean McKee. The Authority gained a second Member in September 1989 with the appointment of Member Pamela Talkin.
Question: Does the Authority’s current status, with only one Member, affect the ability of parties to file cases with the Authority?
Answer: No. The provisions in the Statute and the Authority’s regulations concerning the filing of arbitration, negotiability, representation, and unfair labor practice cases with the Authority are not affected by the current composition of the Authority. The Authority’s Case Intake and Publication section will continue to accept such filings. For questions on filing procedures, parties can contact CIP directly at 202-218-7740. All documents filed or required to be filed under the Authority’s regulations should be filed with Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 201, 1400 K Street, NW, Washington, DC 20424-0001.
Question: Does the Authority's current status, with only one Member, affect the time limits that apply to the filing of cases and related documents with the Authority?
Answer: No. All time limits in the Statute and the Authority’s regulations applicable to the filing of documents with the Authority continue to apply. This includes time limits for filing exceptions to arbitrator’s awards, petitions for review of negotiability issues, applications for review of decisions by FLRA Regional Directors in representation cases, and exceptions to Administrative Law Judge decisions in unfair labor practice cases. Other time limits, relating to matters such as making filings that are responsive to initial filings in such cases, as well as motions for reconsideration of Authority decisions, also continue in effect.
Question: How does the Authority’s current status, with only one Member, affect the Authority’s ability to issue decisions?
Answer: With only one Member, the Authority lacks a quorum to exercise its power to adjudicate cases under the Statute. Therefore, during the period that the Authority has only one Member, it will not be issuing final decisions in cases currently pending, or which will be filed, with the Authority. However, the Authority’s Case Intake and Publication section will continue to exercise its delegated power to procedurally review and, where appropriate, dismiss cases filed with the Authority that do not satisfy case filing requirements under the Statute and the Authority’s regulations.
Question: When will the Authority begin issuing decisions again?
Answer: The Authority will begin issuing decisions adjudicating cases under the Statute when one or more additional Members “are appointed by the President by and with the advice and consent of the Senate.” 5 U.S.C. § 7104(b).
Question: Who should be contacted concerning further questions relating to Authority case processing during the period when the Authority has one Member?
Answer: Further questions concerning filing cases with the Authority, and related matters, should be directed to the Authority’s Case Intake and Publication section, 202-218-7740. CIP’s address is: Case Intake and Publication, Federal Labor Relations Authority, Docket Room, Suite 201, 1400 K Street, NW, Washington, DC 20424-0001.