[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: 5CFR2423.31]
[Page 398-399]
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 C--Hearing Procedures
Sec. 2423.31 Powers and duties of the Administrative Law Judge at the hearing.
(a) Conduct of hearing. The Administrative Law Judge shall conduct
the hearing in a fair, impartial, and judicial manner, taking action as
needed to avoid unnecessary delay and maintain order during the
proceedings. The Administrative Law Judge may take any action necessary
to schedule, conduct, continue, control, and regulate the hearing,
including ruling on motions and taking official notice of material facts
when appropriate. No provision of these regulations shall be construed
to limit the powers of the Administrative Law Judge provided by 5 U.S.C.
556, 557, and other applicable provisions of the Administrative
Procedure Act.
(b) Evidence. The Administrative Law Judge shall receive evidence
and inquire fully into the relevant and material facts concerning the
matters that are the subject of the hearing. The Administrative Law
Judge may exclude any evidence that is immaterial, irrelevant, unduly
repetitious, or customarily privileged. Rules of evidence shall not be
strictly followed.
(c) Interlocutory appeals. Motions for an interlocutory appeal shall
be filed in writing with the Administrative Law Judge within 5 days
after the date of the contested ruling. The motion shall state why
interlocutory review is appropriate, and why the Authority should modify
or reverse the contested ruling.
(1) The Judge shall grant the motion and certify the contested
ruling to the Authority if:
(i) The ruling involves an important question of law or policy about
which there is substantial ground for difference of opinion; and
(ii) Immediate review will materially advance completion of the
proceeding, or the denial of immediate review will cause undue harm to a
party or the public.
(2) If the motion is granted, the Judge or Authority may stay the
hearing during the pendency of the appeal. If the motion is denied,
exceptions to the contested ruling may be filed in accordance with
Sec. 2423.40 of this subchapter after the Judge issues a decision and
recommended order in the case.
(d) Bench decisions. Upon joint motion of the parties, the
Administrative Law Judge may issue an oral decision at the close of the
hearing when, in the Judge's discretion, the nature of the case so
warrants. By so moving, the parties waive their right to file
posthearing briefs with the Administrative Law Judge, pursuant to
Sec. 2423.33. If the decision is announced orally, it shall satisfy the
requirements of Sec. 2423.34(a)(1)-(5) and a copy thereof, excerpted
from the transcript, together with any supplementary matter the judge
may deem necessary to complete the decision, shall be transmitted to the
Authority, in accordance with Sec. 2423.34(b), and furnished to the
parties in accordance with Sec. 2429.12 of this subchapter.
(e) Settlements after the opening of the hearing. As set forth in
Sec. 2423.25(a), settlements may be either informal or formal.
(1) Informal settlement procedure: Judge's approval of withdrawal.
If the
[[Page 399]]
Charging Party and the Respondent enter into an informal settlement
agreement that is accepted by the Regional Director, the Regional
Director may request the Administrative Law Judge for permission to
withdraw the complaint and, having been granted such permission, shall
withdraw the complaint and approve the informal settlement between the
Charging Party and Respondent. 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, if granted permission by the
Administrative Law Judge, withdraw the complaint. The Charging Party
then may obtain a review of the Regional Director's decision as provided
in subpart A of this part.
(2) Formal settlement procedure: Judge's approval of settlement. If
the Charging Party and the Respondent enter into a formal settlement
agreement that is accepted by the Regional Director, the Regional
Director may request the Administrative Law Judge to approve such formal
settlement agreement, and upon such approval, to transmit the agreement
to the Authority for approval. If the Charging Party 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. After the Charging Party is given
an opportunity to state on the record or in writing the reasons for
opposing the formal settlement, the Regional Director may request the
Administrative Law Judge to approve such formal settlement agreement,
and upon such approval, to transmit the agreement to the Authority for
approval.