[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: 5CFR2423.4]
[Page 388-389]
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. 2423.4 Contents of the charge; supporting evidence and documents.
(a) What to file. The Charging Party may file a charge alleging a
violation
[[Page 389]]
of 5 U.S.C. 7116 by completing a form prescribed by the General Counsel,
or on a substantially similar form, that contains the following
information:
(1) The name, address, telephone number, and facsimile number (where
facsimile equipment is available) of the Charging Party;
(2) The name, address, telephone number, and facsimile number (where
facsimile equipment is available) of the Charged Party;
(3) The name, address, telephone number, and facsimile number (where
facsimile equipment is available) of the Charging Party's point of
contact;
(4) The name, address, telephone number, and facsimile number (where
facsimile equipment is available) of the Charged Party's point of
contact;
(5) A clear and concise statement of the facts alleged to constitute
an unfair labor practice, a statement of the section(s) and paragraph(s)
of the Federal Service Labor-Management Relations Statute alleged to
have been violated, and the date and place of occurrence of the
particular acts; and
(6) A statement whether the subject matter raised in the charge:
(i) Has been raised previously in a grievance procedure;
(ii) Has been referred to the Federal Service Impasses Panel, the
Federal Mediation and Conciliation Service, the Equal Employment
Opportunity Commission, the Merit Systems Protection Board, or the
Office of the Special Counsel for consideration or action;
(iii) Involves a negotiability issue raised by the Charging Party in
a petition pending before the Authority pursuant to part 2424 of this
subchapter; or
(iv) Has been the subject of any other administrative or judicial
proceeding.
(7) A statement describing the result or status of any proceeding
identified in paragraph (a)(6) of this section.
(b) Declaration of truth and statement of service. A charge shall be
in writing and signed, and shall contain a declaration by the individual
signing the charge, under the penalties of the Criminal Code (18 U.S.C.
1001), that its contents are true and correct to the best of that
individual's knowledge and belief.
(c) Statement of service. A charge shall also contain a statement
that the Charging Party served the charge on the Charged Party, and
shall list the name, title and location of the individual served, and
the method of service.
(d) Self-contained document. A charge shall be a self-contained
document describing the alleged unfair labor practice without a need to
refer to supporting evidence documents submitted under paragraph (e) of
this section.
(e) Submitting supporting evidence and documents and identifying
potential witnesses. When filing a charge, the Charging Party shall
submit to the Regional Director any supporting evidence and documents,
including, but not limited to, correspondence and memoranda, records,
reports, applicable collective bargaining agreement clauses, memoranda
of understanding, minutes of meetings, applicable regulations,
statements of position and other documentary evidence. The Charging
Party also shall identify potential witnesses and shall provide a brief
synopsis of their expected testimony.