[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: 5CFR2422.27]

[Page 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. 2422.27  Determinative challenged ballots and objections.

    (a) Investigation. The Regional Director will investigate objections 
and/or determinative challenged ballots that are sufficient in number to 
affect the results of the election.
    (b) Burden of proof. A party filing objections to the election bears 
the burden of proof by a preponderance of the evidence concerning those 
objections. However, no party bears the burden of proof on challenged 
ballots.
    (c) Regional Director Action. After investigation, the Regional 
Director will take appropriate action consistent with Sec. 2422.30.
    (d) Consolidated hearing on objections and/or determinative 
challenged ballots and an unfair labor practice hearing. When 
appropriate, and in accordance with Sec. 2422.33, objections and/or 
determinative challenged ballots may be consolidated with an unfair 
labor practice hearing. Such consolidated hearings will be conducted by 
an Administrative Law Judge. Exceptions and related submissions must be 
filed with the Authority and the Authority will issue a decision in 
accordance with part 2423 of this chapter, except for the following:
    (1) Sections 2423.18 and 2423.19(j) of this Subchapter concerning 
the burden of proof and settlement conferences are not applicable;
    (2) The Administrative Law Judge may not recommend remedial action 
to be taken or notices to be posted as provided by Sec. 2423.26(a) of 
this Subchapter; and,
    (3) References to ``charge'' and ``complaint'' in Sec. 2423.26(b) of 
this chapter will be omitted.

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