[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: 5CFR2423.25]

[Page 395-396]
 
                    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 B--Post Complaint, Prehearing Procedures
 
Sec. 2423.25  Post complaint, prehearing settlements.

    (a) Informal and formal settlements. Post complaint settlements may 
be either informal or formal.
    (1) Informal settlement agreements provide for withdrawal of the 
complaint by the Regional Director and are not subject to approval by or 
an order of the Authority. If the Respondent fails to perform its 
obligations under the informal settlement agreement, the Regional 
Director may reinstitute formal proceedings consistent with this 
subpart.
    (2) Formal settlement agreements are subject to approval by the 
Authority, and include the parties' agreement to waive their right to a 
hearing and acknowledgment that the Authority may issue an order 
requiring the Respondent to take action appropriate to the terms of the 
settlement. The formal settlement agreement shall also contain the 
Respondent's consent to the Authority's application for the entry of a 
decree by an appropriate federal court enforcing the Authority's order.
    (b) Informal settlement procedure. If the Charging Party and the 
Respondent enter into an informal settlement agreement that is accepted 
by the Regional Director, the Regional Director shall withdraw the 
complaint and approve the informal settlement agreement. If the Charging 
Party fails or refuses to become a party to an informal settlement 
agreement offered by the Respondent, and the Regional Director concludes 
that the offered settlement will effectuate the policies of the Federal 
Service Labor-Management Relations Statute, the Regional Director shall 
enter into the agreement with the Respondent and shall withdraw the 
complaint. The Charging Party then may obtain a review of the Regional 
Director's action by filing an appeal with the General Counsel as 
provided in subpart A of this part.
    (c) Formal settlement procedure. If the Charging Party and the 
Respondent enter into a formal settlement agreement that is accepted by 
the Regional Director, the Regional Director shall withdraw the 
complaint upon approval of the formal settlement agreement by the 
Authority. If the Charging Party

[[Page 396]]

fails or refuses to become a party to a formal settlement agreement 
offered by the Respondent, and the Regional Director concludes that the 
offered settlement will effectuate the policies of the Federal Service 
Labor-Management Relations Statute, the agreement shall be between the 
Respondent and the Regional Director. The formal settlement agreement 
together with the Charging Party's objections, if any, shall be 
submitted to the Authority for approval. The Authority may approve a 
formal settlement agreement upon a sufficient showing that it will 
effectuate the policies of the Federal Service Labor-Management 
Relations Statute.
    (d) Settlement judge program. The Administrative Law Judge, in the 
Judge's discretion or upon the request of any party, may assign a judge 
or other appropriate official, who shall be other than the hearing judge 
unless otherwise mutually agreed to by the parties, to conduct 
negotiations for settlement.
    (1) The settlement official shall convene and preside over 
settlement conferences by telephone or in person.
    (2) The settlement official may require that the representative for 
each party be present at settlement conferences and that the parties or 
agents with full settlement authority be present or available by 
telephone.
    (3) The settlement official shall not discuss any aspect of the case 
with the hearing judge.
    (4) No evidence regarding statements, conduct, offers of settlement, 
and concessions of the parties made in proceedings before the settlement 
official shall be admissible in any proceeding before the Administrative 
Law Judge or Authority, except by stipulation of the parties.