FEDERAL LABOR RELATIONS AUTHORITY STATUTORY TRAINING PROGRAM FLRA

FEDERAL LABOR RELATIONS AUTHORITY STATUTORY TRAINING PROGRAM FLRA and the Filing of ULPs Jean M. Perata Deputy Regional Director FLRA, S. F. Region jperata@flra. gov; 415. 356. 5000, ext. 2012

FEDERAL LABOR RELATIONS AUTHORITY Office of General Counsel Authority Federal Services Impasses Panel 3 Member Panel General Counsel appointed by President Regions: Boston, D. C. , Atlanta Denver, Chicago, Dallas, S. F. All appointed by the President Office of Administrative Law Judges 7 Part-time Presidential appointees

OFFICE OF THE GENERAL COUNSEL n n Investigates unfair labor practice charges. Prosecutes unfair labor practice complaints n n n ULP cases are heard by Administrative Law Judges of the FLRA. Investigates and decides representation petitions on behalf of the Authority. Provides training on the Statute.

AUTHORITY n n Reviews decisions of Administrative Law Judges in unfair labor practice cases when exceptions are filed. Decides appeals of decisions of regional directors in representation cases. Rules on exceptions to decisions of arbitrators’ awards. Resolves negotiability disputes.

FEDERAL SERVICE IMPASSES PANEL (FSIP) n Resolves bargaining IMPASSES between agencies and unions when voluntary arrangements, including the services of the Federal Mediation and Conciliation Service (FMCS) are unsuccessful.

WHO MAY FILE A ULP? n n Any person (individual, labor organization, or agency) may file. 5 U. S. C. § 7103(a)(1) and 5 C. F. R. § 2423. 3(a). Charges may be filed against agencies or activities (CA). n n FLRA Form 22 Charges may be filed against labor organizations (CO). n FLRA Form 23

TIMELINESS n 5 U. S. C. § 7118(a)(4)(A) -General rule n No complaint shall be issued on any unfair labor practice which occurred more than 6 months before the filing of the charge. U. S. Dep’t of Labor, 20 FLRA 296 (1985) n Arbitration award – when it is reasonable to conclude that there has not been compliance. Internal Revenue Serv. , 61 FLRA 146 (2005)

EXCEPTION TO RULE n n If the charging party was prevented from filing the charge by: n A failure of a party to perform a duty owed, or concealment, which prevented discovery, n Charging party may file within six months of learning of alleged violation. 5 U. S. C. § 7118(a)(4)(B)

5 U. S. C. § 7116(d) BAR n Appeal bar – n n Issues which can be raised properly under an appeals procedure may not be raised as a ULP. MSPB administers an appeals procedure – n Suspension of more than 14 days to removal SBA & Wildberger, 51 FLRA 13(1995)

5 U. S. C. § 7116(d) BAR n Grievance bar n Where an issue may be raised as either a grievance or a ULP, it cannot be raised in both. n Bar exists if factual predicates and aggrieved party and legal theory are the same. OLAM, S. W. Air Def. Sector, 51 FLRA 797 (1996); U. S. Dep’t of Labor, Wash. , D. C. , 59 FLRA 112 (2003)