[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: 5CFR2424.30]

[Page 407-408]
 
                    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 D--Processing a Petition for Review
 
Sec. 2424.30  Procedure through which the petition for review will be resolved.


    (a) Exclusive representative has filed related unfair labor practice 
charge or grievance alleging an unfair labor practice. Except for 
proposals or provisions that are the subject of an agency's compelling 
need claim under 5 U.S.C. 7117(a)(2), where an exclusive representative 
files an unfair labor practice charge pursuant to part 2423 of this 
subchapter or a grievance alleging an unfair labor practice under the 
parties' negotiated grievance procedure, and the charge or grievance 
concerns issues directly related to the petition for review filed 
pursuant to this part, the Authority will dismiss the petition for 
review. The dismissal will be without prejudice to the right of the 
exclusive representative to refile the petition for review after the 
unfair labor practice charge or grievance has been resolved 
administratively, including resolution pursuant to an arbitration award 
that has become final and binding. No later than thirty (30) days after 
the date on which the unfair labor practice charge

[[Page 408]]

or grievance is resolved administratively, the exclusive representative 
may refile the petition for review, and the Authority will determine 
whether resolution of the petition is still required.
    (b) Exclusive representative has not filed related unfair labor 
practice charge or grievance alleging an unfair labor practice. Where an 
exclusive representative files only a petition for review under this 
part, the petition will be processed as follows:
    (1) No bargaining obligation dispute exists. Where there is no 
bargaining obligation dispute, the Authority will resolve the petition 
for review under the procedures of this part.
    (2) A bargaining obligation dispute exists. Where a bargaining 
obligation dispute exists in addition to the negotiability dispute, the 
Authority will inform the exclusive representative of any opportunity to 
file an unfair labor practice charge pursuant to part 2423 of this 
subchapter or a grievance under the parties' negotiated grievance 
procedure and, where the exclusive representative pursues either of 
these courses, proceed in accord with paragraph (a) of this section. If 
the exclusive representative does not file an unfair labor practice 
charge or grievance, the Authority will proceed to resolve all disputes 
necessary for disposition of the petition unless, in its discretion, the 
Authority determines that resolving all disputes is not appropriate 
because, for example, resolution of the bargaining obligation dispute 
under this part would unduly delay resolution of the negotiability 
dispute, or the procedures in another, available administrative forum 
are better suited to resolve the bargaining obligation dispute.