[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: 5CFR2423.26]
[Page 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. 2423.26 Stipulations of fact submissions.
(a) General. When all parties agree that no material issue of fact
exists, the parties may jointly submit a motion to the Administrative
Law Judge or Authority requesting consideration of the matter based upon
stipulations of fact. Briefs of the parties are required and must be
submitted within 30 days of the joint motion. Upon receipt of the
briefs, such motions shall be ruled upon expeditiously.
(b) Stipulations to the Administrative Law Judge. Where the
stipulation adequately addresses the appropriate material facts, the
Administrative Law Judge may grant the motion and decide the case
through stipulation.
(c) Stipulations to the Authority. Where the stipulation provides an
adequate basis for application of established precedent and a decision
by the Administrative Law Judge would not assist in the resolution of
the case, or in unusual circumstances, the Authority may grant the
motion and decide the case through stipulation.
(d) Decision based on stipulation. Where the motion is granted, the
Authority will adjudicate the case and determine whether the parties
have met their respective burdens based on the stipulation and the
briefs.