[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: 5CFR2471.5]
[Page 432-433]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2471--PROCEDURES OF THE PANEL--Table of Contents
Sec. 2471.5 Filing and service.
(a) Filing and service of request. (1) Any party submitting a
request for Panel consideration of an impasse or a request for approval
of a binding arbitration procedure shall file an original and one copy
with the Panel. A clean copy may be submitted for the original. Requests
may be submitted in person or by registered mail, certified mail,
regular mail, or private delivery service. Requests may also be accepted
by the Panel if transmitted to the facsimile machine of its office. A
party submitting a request by facsimile shall
[[Page 433]]
also file an original for the Panel's records, but failure to do so
shall not affect the validity of the filing by facsimile, if otherwise
proper.
(2) The party submitting the request shall serve a copy of such
request upon all counsel of record or other designated representative(s)
of parties, upon parties not so represented, and upon any mediation
service which may have been utilized. Service upon such counsel or
representative shall constitute service upon the party, but a copy also
shall be transmitted to the party. Service of a request may be made in
person or by registered mail, certified mail, regular mail, or private
delivery service. With the permission of the person receiving the
request, service may be made by facsimile transmission or by any other
agreed-upon method. When the Panel acts on a request from the Federal
Mediation and Conciliation Service or acts on a request from the
Executive Director under Sec. 2471.1(a), it will notify the parties to
the dispute, their counsel of record, if any, and any mediation service
which may have been utilized.
(b) Filing and service of other documents. (1) Any party submitting
a response to, or other document in connection with, a request for Panel
consideration of an impasse or a request for approval of a binding
arbitration procedure shall file an original and one copy with the
Panel. A clean copy may be submitted for the original. Documents may be
submitted to the Panel in person or by registered mail, certified mail,
regular mail, or private delivery service. Documents may also be
accepted by the Panel if transmitted to the facsimile machine of its
office, but only with advance permission, which may be obtained by
telephone. A party submitting a document by facsimile shall also file an
original for the Panel's records, but failure to do so shall not affect
the validity of the submission, if otherwise proper.
(2) The party submitting the document shall serve a copy of such
request upon all counsel of record or other designated representative(s)
of parties, or upon parties not so represented. Service upon such
counsel or representative shall constitute service upon the party, but a
copy also shall be transmitted to the party. Service of a document may
be made in person or by registered mail, certified mail, regular mail,
or private delivery service. With the permission of the person receiving
the document, service may be made by facsimile transmission or by any
other agreed-upon method.
(c) A signed and dated statement of service shall accompany each
document submitted to the Panel. The statement of service shall include
the names of the parties and persons served, their addresses, the date
of service, the nature of the document served, and the manner in which
service was made.
(d) The date of service or date served shall be the day when the
matter served, if properly addressed, is deposited in the U.S. mail or
is delivered in person or is deposited with a private delivery service
that will provide a record showing the date the document was tendered to
the delivery service. Where service is made by facsimile transmission,
the date of service shall be the date on which transmission is received.
(e) Unless otherwise provided by the Panel or its designated
representatives, any document or paper filed with the Panel under this
section, together with any enclosure filed therewith, shall be
typewritten on 8\1/2\ x 11 inch plain white paper, shall have margins no
less than 1 inch on each side, shall be in typeface no smaller than 10
characters per inch, and shall be numbered consecutively. Nonconforming
papers may, at the Panel's discretion, be rejected.
[48 FR 19694, May 2, 1983, as amended at 61 FR 41294, Aug. 8, 1996]