2026-21077RuleWallet

FLRA Rolls Back Counsel Powers After Court Order

Published Date: 10/15/2026

Rule

Summary

The Federal Labor Relations Authority (FLRA) is rolling back a recent change to the rules about the General Counsel’s powers after a court said the change wasn’t fair. This affects how Section I.C. of the rules is written, putting it back to the old version starting October 15, 2026. No new costs or big shifts, just fixing the rulebook to match the court’s decision.

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Regional Directors Re-authorized to Run Representation Cases

You are affected if you are a federal employee, a federal agency, or a labor organization representing federal employees: as of October 15, 2026, Section I.C. of Appendix B is restored to its prior wording and delegates to Regional Directors the authority to determine appropriate units, conduct investigations and hearings, decide whether a question of representation exists and direct elections, supervise or conduct secret ballot elections, and certify results. Regional Directors are also authorized to receive and process petitions filed under sections 7111, 7112(d), 7113, 7115, and 7117(d) of the Statute, and their authority extends through the conclusion of any hearing conducted by a Regional Office employee.

60-Day Review Window and Finality Rules Reinstated

Decisions and Orders by Regional Directors become the action of the Authority if no interested person files an application for review within sixty (60) days after the Regional Director's Decision and Order, or if the Authority does not undertake review within sixty (60) days after a timely application. The Authority will grant review of a Regional Director's Decision and Order only where compelling reasons exist, and granting review does not stay the Regional Director's action unless the Authority specifically orders a stay.

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Key Dates

Published Date
Rule Effective
10/15/2026
10/15/2026

Department and Agencies

Department
Independent Agency
Agency
Federal Labor Relations Authority
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