[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: 5CFR2423.41]

[Page 400]
 
                    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 D--Post-Transmission and Exceptions to Authority Procedures
 
Sec. 2423.41  Action by the Authority; compliance with Authority decisions and orders.

    (a) Authority decision; no exceptions filed. In the absence of the 
filing of exceptions within the time limits established in Sec. 2423.40, 
the findings, conclusions, and recommendations in the decision of the 
Administrative Law Judge shall, without precedential significance, 
become the findings, conclusions, decision and order of the Authority, 
and all objections and exceptions to the rulings and decision of the 
Administrative Law Judge shall be deemed waived for all purposes. 
Failure to comply with any filing requirement established in 
Sec. 2423.40 may result in the information furnished being disregarded.
    (b) Authority decision; exceptions filed. Whenever exceptions are 
filed in accordance with Sec. 2423.40, the Authority shall issue a 
decision affirming or reversing, in whole or in part, the decision of 
the Administrative Law Judge or disposing of the matter as is otherwise 
deemed appropriate.
    (c) Authority's order. Upon finding a violation, the Authority 
shall, in accordance with 5 U.S.C. 7118(a)(7), issue an order directing 
the violator, as appropriate, to cease and desist from any unfair labor 
practice, or to take any other action to effectuate the purposes of the 
Federal Service Labor-Management Relations Statute. With regard to 
employees covered by 3 U.S.C. 431, upon finding a violation, the 
Authority's order may not include an order of reinstatement, in 
accordance with 3 U.S.C. 431(a).
    (d) Dismissal. Upon finding no violation, the Authority shall 
dismiss the complaint.
    (e) Report of compliance. After the Authority issues an order, the 
Respondent shall, within the time specified in the order, provide to the 
appropriate Regional Director a report regarding what compliance actions 
have been taken. Upon determining that the Respondent has not complied 
with the Authority's order, the Regional Director shall refer the case 
to the Authority for enforcement or take other appropriate action.

[62 FR 40916, July 31, 1997, as amended at 63 FR 46158, Aug. 31, 1998]

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