[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: 5CFR2422.8]
[Page 378-379]
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. 2422.8 Intervention and cross-petitions.
(a) Cross-petitions. A cross-petition is a petition which involves
any employees in a unit covered by a pending representation petition.
Cross-petitions must be filed in accordance with this subpart.
(b) Intervention requests and cross-petitions. A request to
intervene and a cross-petition, accompanied by any necessary showing of
interest, must be submitted in writing and filed with either the
Regional Director or the Hearing Officer before the hearing opens,
unless good cause is shown for granting an extension. If no hearing is
held, a request to intervene and a cross-petition must be filed prior to
action being taken pursuant to Sec. 2422.30.
(c) Labor organization intervention requests. Except for incumbent
intervenors, a labor organization seeking to intervene shall submit a
statement that it has complied with 5 U.S.C. 7111(e) and one of the
following:
(1) A showing of interest of ten percent (10%) or more of the
employees in the unit covered by a petition seeking an election, with an
alphabetical list of the names of the employees constituting the showing
of interest; or
(2) A current or recently expired collective bargaining agreement
covering any of the employees in the unit affected by issues raised in
the petition; or
(3) Evidence that it is or was, prior to a reorganization, the
recognized or certified exclusive representative of any of the employees
affected by issues raised in the petition.
(d) Incumbent. An incumbent exclusive representative, without regard
to the requirements of paragraph (c) of this section, will be considered
a party in any representation proceeding raising issues that affect
employees the incumbent represents, unless it serves the Regional
Director with a written disclaimer of any representation interest in the
claimed unit.
[[Page 379]]
(e) Employing agency. An agency or activity will be considered a
party if any of its employees are affected by issues raised in the
petition.
(f) Agency or activity intervention. An agency or activity seeking
to intervene in any representation proceeding must submit evidence that
one or more employees of the agency or activity may be affected by
issues raised in the petition.