U.S. Federal Labor Relations Authority

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General Counsel Kiko Announces Final Revisions to Regulation (2/19/08)

February 19, 2008

General Counsel Kiko Announces
Notice of Final Rulemaking
Colleen Duffy Kiko, General Counsel of the Federal Labor Relations Authority (FLRA), announces the final revisions to the FLRA regulations set forth in 5 C.F.R. Part 2423, subpart A, which addresses the filing, investigating, and processing of unfair labor practice (ULP) charges.

The publication of the final rules comes after 2 ½ years of the Office of General Counsel (OGC) undertaking a complete review of all ULP policies and procedures. During that time, many of the policies and procedures were revised and a number of the internal OGC policies were rescinded. After considering the recommendations of a Task Force consisting of OGC Regional Office and Headquarters managers, and the recommendations of the seven Regional Directors, as well as the numerous comments to the Notice of Proposed Rulemaking that was published in the Federal Register on December 21, 2007, the General Counsel implements the final regulations, which incorporate the new OGC policies. The ULP regulations had not been reexamined in their entirety since 1998.

The purpose of the regulatory revisions is to refocus the activities of the OGC on what the General Counsel deems to be the “core mission” of the OGC, which as set forth in 5 U.S.C. § 7104(f)(2) (A) and (B), is to investigate and prosecute alleged ULPs. The regulatory revisions also confirm and enhance the neutral fact-finding role of the OGC during the investigatory stage of processing ULP charges, endorse the aggressive use of ADR once a merit determination has been made, and clarify certain administrative matters relating to the filing and investigation of ULP charges.

The Final Rules appear in the February 19, 2008 edition of the Federal Register, and may be accessed through the following link: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-3013.pdf.

Updates and further information will be posted to the FLRA website at www.flra.gov, as appropriate.