[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: 5CFR2424.22]
[Page 403-404]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2424--NEGOTIABILITY PROCEEDINGS (Eff. 4-1-99)--Table of Contents
Subpart C--Filing and Responding to a Petition for Review; Conferences
Sec. 2424.22 Exclusive representative's petition for review; purpose; content; severance; service.
(a) Purpose. The purpose of a petition for review is to initiate a
negotiability proceeding and provide the agency with notice that the
exclusive representative requests a decision from the Authority that a
proposal or provision is within the duty to bargain or not contrary to
law, respectively. As more fully explained in paragraph (b) of this
section, the exclusive representative is required in the petition for
review to, among other things, inform the Authority of the exact wording
and meaning of the proposal or provision as well as how it is intended
to operate, explain technical or unusual terms, and provide copies of
materials that support the exclusive representative's position.
(b) Content. A petition for review must be filed on a form provided
by the Authority for that purpose, or in a substantially similar format.
It must be dated and include the following:
(1) The exact wording and explanation of the meaning of the proposal
or provision, including an explanation of special terms or phrases,
technical language, or other words that are not in common usage, as well
as how the proposal or provision is intended to work;
(2) Specific citation to any law, rule, regulation, section of a
collective bargaining agreement, or other authority relied on by the
exclusive representative in its argument or referenced in the proposal
or provision, and a copy of any such material that is not easily
available to the Authority;
(3) A statement as to whether the proposal or provision is also
involved in an unfair labor practice charge under part 2423 of this
subchapter, a grievance pursuant to the parties' negotiated grievance
procedure, or an impasse procedure under part 2470 of this subchapter,
and whether any other petition for review has been filed concerning a
proposal or provision arising from the same bargaining or the same
agency head review;
[[Page 404]]
(4) Any request for a hearing before the Authority and the reasons
supporting such request; and
(5) A table of contents and a table of legal authorities cited, if
the petition exceeds 25 double-spaced pages in length.
(c) Severance. The exclusive representative may, but is not required
to, include in the petition for review a statement as to whether it
requests severance of a proposal or provision. If severance is requested
in the petition for review, then the exclusive representative must
support its request with an explanation of how each severed portion of
the proposal or provision may stand alone, and how such severed portion
would operate. The explanation and argument in support of the severed
portion(s) must meet the same requirements for information set forth in
paragraph (b) of this section.
(d) Service. The petition for review, including all attachments,
must be served in accord with Sec. 2424.2(g).