Federal Labor Relations Authority — General Counsel Procedures

Legal Authority

• 5 U.S.C. § 7134 — FLRA General Counsel authority: establishes the General Counsel as an independent officer within the FLRA responsible for investigating and prosecuting unfair labor practice (ULP) charges; the GC functions like a prosecutor independent of the Authority's adjudicative function
• 5 CFR Parts 2421, 2429 — FLRA procedural rules: Part 2421 defines terms applicable to all GC proceedings; Part 2429 sets miscellaneous procedural requirements for all FLRA proceedings, including advisory opinions, interlocutory appeals, witness fees, and reconsideration procedures

Key Mechanics

The FLRA's General Counsel investigates unfair labor practice (ULP) charges filed by unions or management against each other in the federal sector. If the investigation finds merit, the GC files a formal complaint and prosecutes it before an FLRA Administrative Law Judge; the Authority (three-member board) reviews ALJ decisions on appeal. The GC's independence from the Authority is structural: the GC makes the decision to file or dismiss charges without Board approval, paralleling the NLRB's GC-Board separation in the private sector. Part 2421's definitions — particularly what constitutes a "labor organization," "appropriate unit," and "conditions of employment" — govern every proceeding. Part 2429's remedial authority allows the FLRA to order status quo ante restoration (reverting to pre-violation conditions) as a remedy for ULP violations that involved unilateral changes to working conditions.

Current Rule (2026)

What This Rule Does

The Federal Labor Relations Authority is the independent agency that oversees labor-management relations in the federal civilian workforce. It handles union representation elections, resolves unfair labor practice charges, and resolves disputes over bargaining obligations. The FLRA's General Counsel acts independently in investigating and prosecuting unfair labor practice cases — functioning somewhat like a prosecutor inside the agency.

Two CFR Parts establish the legal vocabulary and procedural ground rules that apply to all FLRA proceedings:

• 5 CFR Part 2421 — Defines every term used in the FLRA General Counsel's subchapter of rules (Parts 2421–2429). These definitions govern how the agency reads its own rules.
• 5 CFR Part 2429 — Sets miscellaneous procedural requirements that apply across all FLRA proceedings: advisory opinions, interlocutory appeals, service of process, official time for witnesses, witness fees, reconsideration of decisions, and the FLRA's general remedial authority.

These rules matter to federal agencies, federal employee unions, and individual federal employees who appear before the FLRA.

Key Definitions (Part 2421)

• § 2421.1 — "Federal Service Labor-Management Relations Statute" means Chapter 71 of Title 5 U.S.C. — the Federal Service Labor-Management Relations Act (FSLMRS), which is the governing federal labor law for civilian employees
• § 2421.3 — "Authority" means the three-member Federal Labor Relations Authority itself (distinct from the General Counsel)
• § 2421.4 — "General Counsel" means the FLRA's independent General Counsel, who investigates and prosecutes unfair labor practice cases
• § 2421.5 — "Regional Director" means the head of an FLRA regional office, who has initial jurisdiction over unfair labor practice charges and representation cases
• § 2421.10 — "Chief Administrative Law Judge" means the presiding judge for FLRA hearings
• § 2421.11 — "Party" means anyone named in or intervening in an FLRA proceeding
• § 2421.17 — "Exclusive representative" means the union certified or recognized as the bargaining representative for a federal employee unit
• § 2421.19 — "Intervenor" means a party that joins an FLRA proceeding because it has a direct interest in the outcome

General Procedural Rules (Part 2429)

• § 2429.10 — No advisory opinions: neither the Authority nor the General Counsel will issue advance rulings on how the law applies to hypothetical situations
• § 2429.11 — No interlocutory appeals: parties generally cannot appeal mid-proceeding rulings to the full Authority; they must wait for a final order (exceptions exist for certain Regional Director decisions under Part 2423)
• § 2429.12 — Service of process: the Authority serves hearing notices, decisions, and orders by certified or first-class mail, or by electronic means when parties have consented; Regional Director decisions are served on all parties and intervenors
• § 2429.13 — Official time for witnesses: federal employees who participate in any FLRA proceeding — whether as parties, witnesses, or representatives — are entitled to official time (paid leave) including travel time; this applies to arbitration, unfair labor practice cases, and representation proceedings
• § 2429.14 — Witness fees: non-federal employees called as witnesses receive the same fee and mileage as witnesses subpoenaed in federal court ($40/day plus mileage)
• § 2429.15 — OPM advisory opinions: when the Authority requests an opinion from OPM on the proper interpretation of a civil service law or regulation, the OPM Director must provide it in writing within 60 days
• § 2429.16 — General remedial authority: the Authority may take any action necessary to effectively administer Chapter 71 of Title 5; this broad authority supports the FLRA's ability to craft remedies tailored to specific unfair labor practice violations
• § 2429.17 — Reconsideration: parties can petition for reconsideration of a final Authority decision within 10 days of service; must identify specific material errors of fact or law; the Authority does not reconsider simply because the parties disagree with the outcome
• § 2429.21 — Computation of time: when calculating filing deadlines, don't count the day an event occurs; the last day of the period counts unless it's a Saturday, Sunday, or federal holiday, in which case the deadline moves to the next business day
• § 2429.22 — Extensions of time: parties may request deadline extensions for good cause; the Authority generally does not grant extensions without a compelling reason
• § 2429.24 — Filing of documents: parties must file documents at the FLRA's Washington, D.C. headquarters; Regional Directors' offices accept filings for cases within their jurisdiction
• § 2429.27 — Service by parties: parties must serve copies of all filings on every other party in the proceeding
• § 2429.28 — Proof of service: every filing must include a certificate showing that copies were served on all parties

How It Affects You

Federal employees and union representatives who participate in FLRA proceedings — unfair labor practice hearings, representation elections, or arbitration appeals — are entitled to official time. You do not have to use personal leave or annual leave to participate. Your agency must release you with pay for the time required, including travel.

Federal agencies responding to FLRA unfair labor practice charges must work within these procedural rules. You generally cannot appeal rulings mid-proceeding; you must respond to Regional Directors' orders and raise objections at the final decision stage. The FLRA will not issue advisory opinions on whether a proposed action would violate the law — you must decide based on existing case law and rules.

Unions seeking to challenge or appeal FLRA decisions have a narrow window: reconsideration petitions must be filed within 10 days of service and must identify specific legal or factual errors. Policy disagreement with the Authority's reasoning is not grounds for reconsideration.

The FLRA's general remedial authority (§ 2429.16) is broad enough to allow the Authority to order agencies to bargain, restore status quo, reimburse employees, or take other affirmative steps. Courts have generally upheld the FLRA's flexibility in crafting remedies.

Statutory Authority

This rule implements:

• 5 U.S.C. § 7134 — FLRA General Counsel authority; establishes the independent role of the General Counsel in investigating and prosecuting unfair labor practices
• 5 U.S.C. Chapter 71 — The Federal Service Labor-Management Relations Statute, governing union rights, bargaining obligations, and the FLRA's jurisdiction over federal civilian labor relations
• 3 U.S.C. § 431 — Extends certain Chapter 71 rights to employees of the Executive Office of the President

Recent Rulemakings

• 60 FR 67291 (1995) — Major revision to the FLRA General Counsel's procedural rules, updating terms and procedures to align with then-current practice
• 63 FR 46158 (1998) — Further amendments to procedural rules

Pending Action