[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: 5CFR2423.27]

[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. 2423.27  Summary judgment motions.

    (a) Motions. Any party may move for a summary judgment in its favor 
on any of the issues pleaded. Unless otherwise approved by the 
Administrative Law Judge, such motion shall be made no later than 10 
days prior to the hearing. The motion shall demonstrate that there is no 
genuine issue of material fact and that the moving party is entitled to 
a judgment as a matter of law. Such motions shall be supported by 
documents, affidavits, applicable precedent, or other appropriate 
materials.
    (b) Responses. Responses must be filed within 5 days after the date 
of service of the motion. Responses may not rest upon mere allegations 
or denials but must show, by documents, affidavits, applicable 
precedent, or other appropriate materials, that there is a genuine issue 
to be determined at the hearing.
    (c) Decision. If all issues are decided by summary judgment, no 
hearing will be held and the Administrative Law Judge shall prepare a 
decision in accordance with Sec. 2423.34. If summary judgment is denied, 
or if partial summary judgment is granted, the Administrative Law Judge 
shall issue an opinion and order, subject to interlocutory appeal as 
provided in Sec. 2423.31(c) of this subchapter, and the hearing shall 
proceed as necessary.

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