[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: 5CFR2422.23]

[Page 383-384]
 
                    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. 2422.23  Election procedures.

    (a) Regional Director conducts or supervises election. The Regional 
Director will decide to conduct or supervise the election. In supervised 
elections, agencies will perform all acts as specified in the Election 
Agreement or Direction of Election.
    (b) Notice of election. Prior to the election a notice of election, 
prepared by the Regional Director, will be posted by the activity in 
places where notices to employees are customarily posted and/or 
distributed in a manner by which notices are normally distributed. The 
notice of election will contain the details and procedures of the 
election, including the appropriate unit, the eligibility period, the 
date(s), hour(s) and location(s) of the election, a sample ballot, and 
the effect of the vote.
    (c) Sample ballot. The reproduction of any document purporting to be 
a copy of the official ballot that suggests either directly or 
indirectly to employees that the Authority endorses a particular choice 
in the election may constitute grounds for setting aside an election if 
objections are filed under Sec. 2422.26.
    (d) Secret ballot. All elections will be by secret ballot.
    (e) Intervenor withdrawal from ballot. When two or more labor 
organizations are included as choices in an election, an intervening 
labor organization may, prior to the approval of an election agreement 
or before the direction of an election, file a written request with the 
Regional Director to remove its name from the ballot. If the request is 
not received prior to the approval of an election agreement or before 
the direction of an election, unless the parties and the Regional 
Director agree otherwise, the intervening labor organization will remain 
on the ballot. The Regional Director's decision on the request is final 
and not subject to the filing of an application for review with the 
Authority.
    (f) Incumbent withdrawal from ballot in an election to decertify an 
incumbent representative. When there is no intervening labor 
organization, an election to decertify an incumbent exclusive 
representative will not be held if the incumbent provides the Regional 
Director with a written disclaimer of any representation interest in the 
unit. When there is an intervenor, an election will be held if the 
intervening labor organization proffers a thirty percent (30%) showing 
of interest within the time period established by the Regional Director.
    (g) Petitioner withdraws from ballot in an election. When there is 
no intervening labor organization, an election will not be held if the 
petitioner provides the Regional Director with a written request to 
withdraw the petition. When there is an intervenor, an election will be 
held if the intervening labor organization proffers a thirty percent 
(30%) showing of interest within the time period established by the 
Regional Director.
    (h) Observers. All parties are entitled to representation at the 
polling location(s) by observers of their own selection subject to the 
Regional Director's approval.
    (1) Parties desiring to name observers must file in writing with the 
Regional Director a request for specifically named observers at least 
fifteen (15) days prior to an election. The Regional Director may grant 
an extension of time for filing a request for specifically named 
observers for good cause where a party requests such an extension or on 
the Regional Director's own motion. The request must name and identify 
the observers requested.
    (2) An agency or activity may use as its observers any employees who 
are not eligible to vote in the election, except:
    (i) Supervisors or management officials;
    (ii) Employees who have any official connection with any of the 
labor organizations involved; or
    (iii) Non-employees of the Federal government.

[[Page 384]]

    (3) A labor organization may use as its observers any employees 
eligible to vote in the election, except:
    (i) Employees on leave without pay status who are working for the 
labor organization involved; or
    (ii) Employees who hold an elected office in the union.
    (4) Objections to a request for specific observers must be filed 
with the Regional Director stating the reasons in support within five 
(5) days after service of the request.
    (5) The Regional Director's ruling on requests for and objections to 
observers is final and binding and is not subject to the filing of an 
application for review with the Authority.