ULP Case Processing in the Absence of a General Counsel
1. Will the FLRA’s Regional Offices continue to accept unfair labor practice (ULP) charges during the time that the FLRA does not have a General Counsel?
Yes, the FLRA’s Regional Offices will continue to accept ULP charges during the time that the FLRA lacks a General Counsel.
When a ULP charge is filed, the appropriate Regional Office will continue the Office of the General Counsel’s (OGC’s) regular practice of conducting an investigation to determine whether a complaint should be issued, or whether the charge should be dismissed because it lacks merit.
2. If an investigation confirms that a ULP charge has merit, will a ULP complaint be issued?
Not immediately. ULP complaints may only be issued when the FLRA has a General Counsel. Similarly, the approval of informal bilateral and unilateral settlement agreements under 5 C.F.R. § 2423.12 must also await the appointment of a new General Counsel. The parties may continue to resolve their ULP disputes on their own consistent with the OGC’s policy encouraging the informal resolution of ULP disputes before and after a charge is filed. 5 C.F.R. § 2423.1.
3. If a Regional Director determines that a ULP charge lacks merit and will be dismissed, can that determination be appealed?
Yes, such determinations can be appealed. Any appeal from a determination by a Regional Director to dismiss a ULP charge must continue to be filed according to the procedures and within the time limits provided in the FLRA’s regulations. However, resolution of such appeals must await the appointment of a new General Counsel.
4. If a ULP complaint has already been issued, will the OGC continue to prosecute that complaint in proceedings before the FLRA’s Administrative Law Judges or otherwise?
Yes, in cases where a ULP complaint has already been issued, the OGC will prosecute that complaint consistent with the procedures set forth in the FLRA’s regulations. This includes litigating the complaint before an FLRA Administrative Law Judge and the Authority. Such activities could also include engaging in settlement efforts as described in the FLRA’s regulations. Parties involved in litigation related to a previously issued complaint must continue to follow FLRA regulations with respect to the filing of answers, motions, exceptions, and other pleadings or related matters.
5. Who should be contacted with other questions about unfair labor practice case processing during the time the FLRA lacks a General Counsel?
Other questions concerning ULP case processing procedures should be directed to an appropriate Regional Office. Contact information for the FLRA’s Regional Offices can be found here.