Grounds for Filing an Appeal
If a Regional Director dismisses your charge, you may file an appeal with the OGC challenging that dismissal. Instructions on filing an appeal of a Regional Director's dismissal of a ULP charge will be contained in the Regional Director's dismissal letter. You do not need to submit any evidence you already sent to the Region because it is always reviewed during the appeals process. Under Section 2423.11(e) of the General Counsel's Rules and Regulations, the OGC may grant an appeal if it establishes at least one of the following grounds:
- The Regional Director's decision did not consider material facts that would have resulted in issuance of complaint.
- The Regional Director's decision is based on a finding of a material fact that is clearly erroneous.
- The Regional Director's decision is based on an incorrect statement or application of the applicable rule of law.
- There is no Authority precedent on the legal issue in the case.
- The manner in which the Region conducted the investigation has resulted in prejudicial error.
The OGC will notify you once it receives your appeal.
Notification of the Appeal Decision
After reviewing the appeal and the case file evidence, the General Counsel will issue a decision that will either grant or deny the appeal. If granted, the General Counsel will remand the case to the Regional Director for further investigation or issuance of a complaint, absent settlement. If denied, the appeal decision will affirm and adopt the Regional Director’s determination. We strive to issue a decision on each appeal within 60 days or less of the date on which we receive an appeal. There are no appeal rights following the issuance of an appeal decision. However, you may file a motion for reconsideration of the final decision if you establish extraordinary circumstances. You must file this motion within 10 days of the date on which the General Counsel's final decision is postmarked. See 5 C.F.R. § 2423.11(g).
You may always contact the Regional Office if you have questions about the processing of your charge, do not understand the basis for the dismissal of your charge, or if you require further assistance.