[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: 5CFR2423.10]

[Page 391-392]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
 
   Subpart A--Filing, Investigating, Resolving, and Acting on Charges
 
Sec. 2423.10  Action by the Regional Director.

    (a) Regional Director action. The Regional Director may take any of 
the following actions, as appropriate:
    (1) Approve a request to withdraw a charge;
    (2) Refuse to issue a complaint;
    (3) Approve a written settlement agreement in accordance with the 
provisions of Sec. 2423.12;
    (4) Issue a complaint; or
    (5) Withdraw a complaint.
    (b) Request for appropriate temporary relief. Parties may request 
the General Counsel to seek appropriate temporary relief (including a 
restraining order) under 5 U.S.C. 7123(d). The General Counsel may 
initiate and prosecute injunctive proceedings under 5 U.S.C. 7123(d) 
only upon approval of the Authority. A determination by the General 
Counsel not to seek approval of the Authority to seek such appropriate 
temporary relief is final and shall not be appealed to the Authority.
    (c) General Counsel requests to the Authority. When a complaint 
issues and the Authority approves the General Counsel's request to seek 
appropriate temporary relief (including a restraining order) under 5 
U.S.C. 7123(d), the General Counsel may make application for appropriate 
temporary relief (including a restraining order) in the district court 
of the United States within which the unfair labor practice is alleged 
to have occurred or in which the party sought to be enjoined resides or 
transacts business. Temporary relief may be sought if it is just and 
proper and the record establishes probable cause that an unfair labor 
practice is being committed. Temporary relief shall not be sought if it 
would interfere with the ability of the agency to carry out its 
essential functions.
    (d) Actions subsequent to obtaining appropriate temporary relief. 
The General Counsel shall inform the district court which granted 
temporary relief pursuant to 5 U.S.C. 7123(d) whenever an Administrative 
Law Judge recommends

[[Page 392]]

dismissal of the complaint, in whole or in part.