[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: 5CFR2422.14]

[Page 380-381]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2422--REPRESENTATION PROCEEDINGS--Table of Contents
 
Sec. 2422.14  Effect of withdrawal/dismissal.

    (a) Withdrawal/dismissal less than sixty (60) days before contract 
expiration. When a petition seeking an election that has been timely 
filed is withdrawn by the petitioner or dismissed by the Regional 
Director less than sixty (60) days prior to the expiration of an 
existing agreement between the incumbent exclusive representative and 
the agency or activity or any time after the expiration of the 
agreement, another petition seeking an election will not be considered 
timely if filed within a ninety (90) day period from either:
    (1) The date the withdrawal is approved; or
    (2) The date the petition is dismissed by the Regional Director when 
no application for review is filed with the Authority; or
    (3) The date the Authority rules on an application for review. Other 
pending petitions that have been timely filed under this Part will 
continue to be processed.
    (b) Withdrawal by petitioner. A petitioner who submits a withdrawal 
request for a petition seeking an election that is received by the 
Regional Director after the notice of hearing issues or after approval 
of an election agreement, whichever occurs first, will be barred from 
filing another petition seeking an election for the same unit or any 
subdivision of the unit for six (6) months from the date of the approval 
of the withdrawal by the Regional Director.

[[Page 381]]

    (c) Withdrawal by incumbent. When an election is not held because 
the incumbent disclaims any representation interest in a unit, a 
petition by the incumbent seeking an election involving the same unit or 
a subdivision of the same unit will not be considered timely if filed 
within six (6) months of cancellation of the election.